Lundy v. Bryson et al

Filing 21

ORDER ADOPTING 15 Report and Recommendations of the Magistrate Judge as the opinion of the Court. The Court DISMISSES Plaintiff's claims for monetary damages against Defendants in their official capacities, all claims for punitive and compensatory damages, and all claims against Defendants Gramiak and Bowles. Plaintiff's claims for injunctive relief and nominal damages for violation for his due process rights shall proceed. Signed by Chief Judge Lisa G. Wood on 12/14/2016. (ca)

3in

tIKmtelii States:

Court

:lfor t|ie ^ontlierti IBtiettrict of 4leorsta
^aptrooo Biiitoioti
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QUINTAVIOUS LUNDY,

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Plaintiff,

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CIVIL ACTION NO.: 5:16-cv-71

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V.

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HOMER BRYSON;JAMES K. COX,JR.;
KIMBERLY LOWE; WILLIAM
STEEDLY;THOMAS GRAMIAK;and
ELIZABETH BOWLES,

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Defendants.

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ORDER

Presently before the Court is Plaintiff Quintavious Lundy's
(^'Lundy") Objections to the Magistrate Judge's Report and
Recommendation dated November 3, 2016.

(Dkt. No. 17.)

In his

Objection, Lundy objects to the Magistrate Judge's
Recommendation that this Court dismiss his claims for punitive
damages.

(Id. at p. 1.)

Plaintiff argues that he is entitled

to recover punitive damages because Defendants' actions were
'^motivated by evil motive or intent."

(Id.)

However, as discussed in the Report and Recommendation, ^^a

prisoner that has not suffered any physical injury cannot
recover compensatory or punitive damages."

637 F.3d 1192, 1199 (11th Cir. 2011).

A0 72A

(Rev. 8/82)

Al-Amin v. Smith,

In his Objections,

Plaintiff does not allege that he has suffered any physical

injury.

Moreover, his contention regarding Defendants'

subjective intent does not change the Court's analysis of his
punitive damages claims.
Accordingly, the Court OVERRULES Lundy's Objections.

The

Court CONCURS with and ADOPTS the Magistrate Judge's Report and
Recommendation, (dkt. no. 15), as the opinion of the Court.
Consequently, the Court DISMISSES Plaintiff's claims for

monetary damages against Defendants in their official

capacities, all claims for punitive and compensatory damages,
and all claims against Defendants Gramiak and Bowles.

However,

Plaintiff's claims for injunctive relief and nominal damages for
violation of his due process rights shalT proceed.

so ORDERED, this

I \ day o//hf-/-.

LISA G^DBEY WOOD, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

, 2016.