KEY v. HARRINGTON et al

Filing 9

ORDER ADOPTING 5 Report and Recommendations. The Plaintiff's claims against Defendants Harrington, White, Hart, former River Willows Administrator Jane Doe, Lacieski, State of Georgia, Johnson State Prison, and River Willows Nursing Center are DISMISSED without prejudice. The Plaintiff's remaining claims against Defendants Cravey, Currey, and Linda Doe will go forward as Ordered by the Magistrate Judge. Ordered by Judge Marc Thomas Treadwell on 7/16/13. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
LEWIS KEY, JR., a/k/a Samuel Lewis
Key, Jr.,
Plaintiff,
v.
GIL HARRINGTON, et al.,
Defendants.

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CIVIL ACTION NO. 5:13-CV-134 (MTT)

ORDER
Before the Court is the Recommendation of United States Magistrate Judge
Stephen Hyles. (Doc. 5). The Magistrate Judge recommends dismissing the Plaintiff’s
claims against Defendants Harrington, White, Hart, former River Willows Administrator
Jane Doe, Lacieski, the State Board of Pardons and Paroles, Johnson State Prison, and
River Willows Nursing Center following a preliminary screening of his Complaint
pursuant to 28 U.S.C. § 1915A(a). The Plaintiff failed to make any material allegations
against Defendants Lacieski, Jane Doe, and White, and did not allege injury as a result
of River Willows’ policy or custom. As to Harrington and Hart, the Plaintiff did not allege
a causal connection between their actions and his injury that would permit their liability
as supervisors. Georgia’s State Board of Pardons and Paroles cannot be sued under a

theory of respondeat superior, and further, it is immune under the Eleventh Amendment.
Finally, “Johnson State Prison” is not a proper defendant in a § 1983 action.1
The Plaintiff has filed an objection to the Recommendation. (Doc. 8). Pursuant
to 28 U.S.C. § 636(b)(1), the Court considered the Plaintiff’s objection and has made a
de novo determination of the portions of the Recommendation to which he objects. The
Plaintiff’s objection suggests additional facts may exist that illuminate the potential
liability of some of the Defendants dismissed by this Order. However, an objection is
not the appropriate means for presenting additional allegations, and if such facts do
exist, the Plaintiff should file an amended complaint.
Accordingly, the Court ADOPTS the Recommendation and makes it the ORDER
of this Court. The Plaintiff’s claims against Defendants Harrington, White, Hart, former
River Willows Administrator Jane Doe, Lacieski, State of Georgia, Johnson State
Prison, and River Willows Nursing Center are DISMISSED without prejudice. The
Plaintiff’s remaining claims against Defendants Cravey, Currey, and Linda Doe will go
forward as Ordered by the Magistrate Judge.
SO ORDERED, this 16th day of July, 2013.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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To whatever extent the Plaintiff may intend to name as Defendants the individual prison
officers operating the van in which he was first injured, the Plaintiff has not sufficiently identified
those officers, nor has he alleged facts to suggest they were deliberately indifferent to his injury.
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