JACKSON v. GEORGIA DEPARTMENT OF CORRECTIONS et al
Filing
14
ORDER denying 13 Motion for Reconsideration. Ordered by U.S. District Judge C ASHLEY ROYAL on 4/28/14 (lap)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
DESI LEE HYMAN JACKSON,
Plaintiff,
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:
:
:
v.
:
:
No. 5:13‐CV‐368 (CAR)
GEORGIA DEPARTMENT OF
:
CORRECTIONS, TELFAIR STATE
:
PRISON, et al.,
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Defendants.
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___________________________________ :
ORDER ON PLAINTIFF’S MOTION FOR RECONSIDERATION
Before the Court is Plaintiff Desi Lee Hyman Jackson’s Motion for
Reconsideration [Doc. 13] of this Court’s Order dismissing Defendant Georgia
Department of Corrections (the “GDOC”) and transferring this case to the Southern
District of Georgia based on improper venue.1 Specifically, Plaintiff contends the Court
erred in holding the Eleventh Amendment bars suit against the GDOC.
Reconsideration of a previous order is an extraordinary remedy and should be
employed sparingly. 2 Motions for reconsideration should be granted only if: (1) there
has been an intervening change in controlling law; (2) new evidence has been
In his Motion, Plaintiff asks the Court to reconsider its ruling in Part B of the Order. In the referenced
section, the Court dismissed both Telfair State Prison and the GDOC from this lawsuit. Plaintiff’s Motion
addresses the ruling only as it relates to the GDOC. Therefore, the Court limits its discussion
accordingly.
1
2
Region 8 Forest Servs. Timber Purchasers Council v. Alcock, 993 F.2d 800, 805‐06 (11th Cir. 1993).
discovered; or (3) reconsideration is needed to correct clear error or prevent manifest
injustice.3
Here, Plaintiff’s Motion fails to meet any of the standards discussed above.
Contrary to Plaintiff’s assertions, the GDOC cannot be held liable under a theory of
respondeat superior liability for the acts of its employees. “[T]here is no respondeat
superior liability under § 1983.”4 Moreover, the GDOC cannot be held liable for enacting
unconstitutional policies under the authority of Monell v. Department of Social Services of
the City of New York5 because Monell applies to municipalities and local governments,
not state agencies like the GDOC.6
Based on the foregoing, Plaintiff’s Motion for Reconsideration [Doc. 13] is
DENIED.
SO ORDERED, this 28th day of April, 2014.
S/ C. Ashley Royal
C. ASHLEY ROYAL, CHIEF JUDGE
UNITED STATES DISTRICT COURT
ADP/bbp
Ctr. for Biological Diversity v. Hamilton, 385 F. Supp. 2d 1330, 1337 (N.D. Ga. 2005).
Twilley v. Riley, 285 F. Appʹx 717, 719 (11th Cir. 2008) (italics added).
5 436 U.S. 658, 690‐91 (1978).
6 See Mayes v. Issac, 294 F. Appʹx 137, 139 (5th Cir. 2008) (“[The plaintiff’s] reliance on [Monell] is
misplaced because Monell concerned a suit against a municipality, and in no way suggests that
state agencies are subject to suit in federal court.”).
3
4
2
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