Franklin v. Georgia Department of Corrections
ORDER granting #6 Motion for Judgment on the Pleadings, directing the Clerk to terminate all pending motions and deadlines, enter judgment in favor of Defendant GDC, and close the case. Signed by Judge Dudley H. Bowen on 05/22/2023. (jlh)
Case 3:23-cv-00030-DHB-BKE Document 13 Filed 05/22/23 Page 1 of 3
FOR THE SOUTHERN DISTRICT OF GEORGIADUBLIN DIVISION
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2GZ3 HAY 22 P 3- 03
GEORGIA DEPARTMENT OF
complaint in the Superior Court of Monroe County wherein he sets
forth two causes of action under 42 U.S.C. § 1983.
incarcerated at Johnson State Prison at all times relevant to the
allegations in the complaint.
The case was properly removed on
The complaint alleges that the GDC, which operates the Johnson
State Prison, violated Plaintiff's constitutional rights in two
First, Plaintiff claims that the Johnson State Prison was
inadequately staffed, which allowed four inmates to physically
attack him on September 7, 2021.
Second, Plaintiff claims he was
improperly incarcerated from November 5, 2022 to February 27, 2023.
Case 3:23-cv-00030-DHB-BKE Document 13 Filed 05/22/23 Page 2 of 3
Plaintiff seeks money damages for both claims.
the motion, these facts are taken as true.
For purposes of
See Hart v. Hodges,
587 F.3d 1288, 1290 n.l (ll^h cir. 2009).
"After the pleadings are closed - but early enough not to
delay trial - a party may move for judgment on the pleadings."
Fed. R. Civ. P. 12(c).
"Judgment on the pleadings is proper when
no issues of material fact exist, and the moving party is entitled
to judgment as a matter of law based on the substance of the
pleadings and any judicially noticed facts."
Cunningham v. Dist.
Att^y^s Off, for Escambia Cnty., 592 F.3d 1237, 1255 (ll'^^ Cir.
2010) (citation omitted).
The GDC contends that the Eleventh Amendment bars Plaintiff's
§ 1983 claims.
The Court concurs.
The Eleventh Amendment bars a
plaintiff from suing a state or its agencies in federal court
unless the state has expressly waived its sovereign immunity and
consented to suit.
Welch v. Texas Dep't of Highways, 483 U.S.
468, 472-73 (1987); Pennhurst State School & Hosp. v. Halderman,
465 U.S. 89, 98-100 (1984).
Federal civil rights statutes like §
1983 do not abrogate the sovereign immunity granted by the Eleventh
Will v. Mich. Dep't of State Police, 491 U.S. 58, 67
Thus, Plaintiff's suit against the GDC is barred under
the Eleventh Amendment.
See Stevens v. Gay, 864 F.2d 113, 115
(ll^^'^ Cir. 1989) ("The Eleventh Amendment bars [suit] against the
Case 3:23-cv-00030-DHB-BKE Document 13 Filed 05/22/23 Page 3 of 3
sought.). Notably, Plaintiff's response to the motion for judgment
on the pleadings utterly fails to address the GDC's claim of
Upon the foregoing, Defendant GDC's motion for judgment on
the pleadings (doc. no. 6) is GRANTED.
The Clerk is directed to
TERMINATE all pending motions and deadlines, ENTER JUDGMENT in
ORDER ENTERED at Augusta, Georgia, this
UNITED STATES DISTRICT JUDGE
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