Morris v. Jeff Davis County Sheriff's Department et al

Filing 10

ORDER ADOPTING 7 the Magistrate Judge's Report and Recommendations. Plaintiff's Complaint is DISMISSED for failure to state a claim upon which relief may be granted. The Clerk of Court is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 2/26/2013. (csr)

IN THE UNITED STATES DISTRICT COURT U r

FILED
rrntiRT

FOR THE SOUTHERN DISTRICT OF GEORGIA
BRUNSWICK DIVISION

HENRY LEE MORRIS,

:

Plaintiff,

:

V.

CIVIL ACTION NO.: CV212-182

JEFF DAVIS COUNTY SHERIFF'S
DEPARTMENT; JOHN D. LEE;
RICHARD DEAS; and JEFF DAVIS
COUNTY JAIL,
H

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 contends that Defendants Jeff Davis County
Jail and Jeff Davis Sheriffs Department were operated and governed by a municipal
policy or custom which failed to take into account a situation where a person was
released on bond in error. First, Jeff Davis County Jail is a building and is not amenable
to suit under 42 U.S.C. § 1983. Second, Plaintiff mentions the lack of a policy or
custom in an attempt to hold the Jeff Davis Sheriffs Department liable. However,
Plaintiff raises this contention for the first time in his Objections. The undersigned will

AO 72A
(Rev. 8/82)

not consider this contention. Williams v. McNeil, 557 F.3d 1287, 1292 (11th Cir. 2009)
(noting that a district judge has discretion in considering arguments not presented to a
magistrate judge). However, even if the undersigned were to consider this contention,
Plaintiffs contention is conclusory. Plaintiff cannot impose liability on the Sheriffs
Department simply by using words of legal import without setting forth facts sufficient to
make such a claim at least plausible.
Plaintiff also states in his Objections that Defendants Deas and Lee arrested him
for escape without probable cause. In his original Complaint, Plaintiff wished to sue
these Defendants for malicious prosecution, not false arrest. Even accepting as true
Plaintiffs conclusory assertion that Defendants Deas and Lee arrested him without
probable cause, no facts indicate that Defendants Deas and Lee acted with malice.
O.C.G.A. § 51-7-1 (a malicious arrest under Georgia law requires an arrest without
probable cause and with malice).
Plaintiffs Objections are overruled.

The Magistrate Judge's Report and

Recommendation, as supplemented by this Order, is adopted as the opinion of the
Court. Plaintiff's Complaint is DISMISSED for failure to state a claim upon which relief
may be granted. The Clerk of Court is to enter the appropriate judgment of
dismissal.

SO ORDERED, this LJ'Jday of

2013.

LISA GODBEY WOtYD,t1RIEF JUDGE
UNITED,TATES DISTRICT COURTSOUTHERN DISTRICT OF GEORGIA

AO 72A

(Rev, 8/82)

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