HOLLAND v. MCLAUGHLIN et al
ORDER adopting 9 Report and Recommendations; Overruling 14 Motion for Reconsideration, construed by the Court as an Objection. Accordingly, Plaintiffs claims against Defendants Dr. Robinson, Dr. Fye, and W arden Gregory McLaughlin may go forward; and Plaintiffs claims against the Georgia Department of Corrections, unknown medical and dental providers for Macon State Prison, Phoebe Sumter, and Dr. Barbara Dalrymple are DISMISSED without prejudice. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 7/17/2017 (lap)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
CLYDE F. HOLLAND,
Proceedings Under 42 U.S.C. § 1983
Warden GREGORY McLAUGHLIN, :
ORDER ON UNITED STATES MAGISTRATE JUDGE’S
ORDER AND RECOMMENDATION
Before the Court is the United States Magistrate Judge’s Order and
Recommendation to allow Plaintiff Clyde Holland’s claims against Defendants Dr.
Robinson, Dr. Fye, and Warden Gregory McLaughlin to go forward; and dismiss
without prejudice Plaintiff’s claims against the Georgia Department of Corrections,
unknown medical and dental providers for Macon State Prison, Phoebe Sumter Medical
Center (“Phoebe Sumter”), and Dr. Barbara Dalrymple pursuant to 28 U.S.C. § 1915A.
Plaintiff has filed a Motion for Reconsideration [Doc. 14], which the Court construes as
an Objection. Having fully considered the record in this case and investigated de novo
those portions of the Order and Recommendation to which Plaintiff objects, the Court
agrees with the findings and conclusions in the Order and Recommendation.
Accordingly, the Order and Recommendation [Doc. 9] is HEREBY ADOPTED and
MADE THE ORDER OF THIS COURT.
In this pro se action pursuant to 42 U.S.C. § 1983, Plaintiff asserts Macon State
Prison officials were deliberately indifferent to his serious medical needs, in violation of
his Eighth Amendment rights. According to the Complaint, Plaintiff suffers from
hypoglycemia, a pancreatic insulinoma, H. pylori bacteria in his stomach, prostate
cancer, hepatitis C, arthritis, and severe dental problems. Despite Plaintiff’s medical
needs, he alleges prison officials refuse to provide treatment. Additionally, on March 3,
2016, Plaintiff hit his head on a metal box in his cell, breaking his skull. Prison officials
transported Plaintiff to Phoebe Sumter for treatment. While walking in shackles in the
Phoebe Sumter parking lot, Plaintiff fell in a hole, injuring his head, shoulder, hip, knee,
and wrist. Plaintiff alleges Phoebe Sumter negligently maintained its parking lot and
failed to treat the injuries he sustained in the fall.
Plaintiff only objects to the Magistrate Judge’s Recommendation to dismiss his
claim against Phoebe Sumter. As set forth in the Order and Recommendation,
Plaintiff’s claim against Phoebe Sumter fails for three reasons. First, Plaintiff fails to
allege Phoebe Sumter’s conduct was more than mere negligence, which is not actionable
under § 1983.1 Second, § 1983 does not create vicarious liability, and thus Phoebe
[Doc. 9, p. 7].
Sumter cannot be held liable for the actions of its medical personnel.2 Third, to the
extent Plaintiff seeks to bring a negligence claim under state law against Phoebe
Sumter, such claim does not arise from a common nucleus of operative fact with his
surviving federal claims, and thus the Court lacks supplemental jurisdiction.3 In his
Objection, Plaintiff contends the Court should not dismiss his claim because prison
officials lied about his fall to protect Macon State Prison’s contract with Phoebe Sumter.4
Plaintiff’s argument, however, is irrelevant. Accordingly, Plaintiff’s Objection is
For the reasons set forth above, the Order and Recommendation [Doc. 9] is
HEREBY ADOPTED and MADE THE ORDER OF THIS COURT. Accordingly,
Plaintiff’s claims against Defendants Dr. Robinson, Dr. Fye, and Warden Gregory
McLaughlin may go forward; and Plaintiff’s claims against the Georgia Department of
Corrections, unknown medical and dental providers for Macon State Prison, Phoebe
Sumter, and Dr. Barbara Dalrymple are DISMISSED without prejudice.
Id. at p. 8. Indeed, Plaintiff represents he intends to file a negligence claim in state court. [Doc. 14, p. 3].
4 [Doc. 14, p. 2].
SO ORDERED, this 17th day of July, 2017.
S/ C. Ashley Royal
C. ASHLEY ROYAL, SENIOR JUDGE
UNITED STATES DISTRICT COURT
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