Davila v. Marshall et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations, that Plaintiff's Objections are overruled; and that Plaintiff's claims Defendants Marshall and Durden in their official capacities are DISMISSED. Signed by Judge J. Randal Hall on 2/12/13. (jah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

ANTHONY DAVILA,
Plaintiff,
:

V.

CIVIL ACTION NO.: CVI12-149

LOGAN MARSHALL, Sheriff, and
FNU DURDEN, Captain,
Defendants.

ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Objections
have been filed, in his Objections, Plaintiff attempts to set forth a claim against the
United States of America pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §
2671, et seq.

The purpose of the FTCA is to "provide redress for ordinary torts

recognized by state law." Stone v. United States, 373 F.3d 1129, 1130 (11th Cir. 2004)
(quoting Ochran v. United States, 273 F.3d 1315, 1317 (11th Cir. 2001)). The FTCA is
a limited waiver of sovereign immunity rendering the federal government liable to the
same extent as a private party. United States v. Orleans, 425 U.S. 807, 813 (1976).
Contrary to Plaintiffs assertions, his sanctioned claims—i.e., those claims for
which the Magistrate Judge ordered service—against Defendants do not sound in tort
under state law. Rather, Plaintiffs claims are that Defendants infringed upon his right to
exercise his religion, denied him equal protection, and that Defendants' actions violated

AO 72A
(Rev. 8/82)

the Religious Land Use and Institutionalized Persons Act of 2000 ("PLUIPA"), 42 U.S.C.
§ 2000cc-I ' et seq.

In addition, the United States Marshals Service contracts with

McDuffie County Detention Center to house federal pretrial detainees, which Plaintiff is.
This does not equate with Defendants being employed by the federal government so
that the United States of America could be responsible for Defendants' actions.
Plaintiffs Objections are overruled. The Magistrate Judge's Report and
Recommendation is adopted as the opinion of the Court. Plaintiff's claims against
Defendants Marshal and Durden in their official capacities are DISMISSED.

SO ORDERED, this

,'24day of _

2013.

A10111AWAFAUMBIR"JIM"01

AO 72A
(Rev. 8/82)

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