Hammitt v. Hall et al
ORDER ADOPTING in part REPORT AND RECOMMENDATIONS 11 as amended. Defendants Hall and Bell are dismissed in their entirety. Court sustains objections as to monetary damages against Defendants Sizemore and Stone in their official capacities. Defendants Sizemore and Stone have 21 days to file an amended answer to the complaint. (Amended Answer due 11/14/2017.) Signed by Judge Lisa G. Wood on 10/24/17. (slt)
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CIVIL ACTION NO.: 5:17-cv-64
WARDEN HILTON HALL;
CHIEFAVARDEN RICKY STONE; UNIT
MANAGER SIZEMORE;and J. BELL,
After an independent and de novo review of the record, the
undersigned concurs in part with the Magistrate Judge's
September 5, 2017, Report and Recommendation, dkt. no. 11, to
which Plaintiff filed Objections, dkt. no. 13.
contends that the Court should not dismiss his monetary damages
claims against Defendants Sizemore and Stone in their official
Plaintiff argues that Defendants Sizemore and
Stone do not receive immunity under the Eleventh Amendment
because they are private employees of Corrections Corporation of
Id at pp. 4-7.
The Court will assess the viability of
Plaintiff also appears to contest the recommendation that the Court
dismiss his claims against Defendants Hall and Bell.
Magistrate Judge addressed and correctly rejected those claims in his
Report and Recommendation, and the Court need not repeat that
analysis. Dkt. No. 11, pp. 6-7.
these claims on a more complete record rather than dismissing
the claims at this early stage, as the Magistrate Judge
Accordingly, the Court SUSTAINS IN PART Plaintiff's
Objections and REJECTS IN PART the Magistrate Judge's Report and
The Court SUSTAINS Plaintiff's Objections as to
his monetary damages claims against Defendants Sizemore and
Stone in their official capacities and those claims shall
However, the Court OVERRULES Plaintiff's Objections as
to his claims against Defendants Hall and Bell and DISMISSES
those claims in their entirety.
The Court ADOPTS the Magistrate
Judge's Report and Recommendation, as amended herein, as the
opinion of the Court.
Defendants Sizemore and Stone shall have
twenty-one (21) days to file an Amended Answer to Plaintiff s
SO ORDERED, this V\.
SA ^DBEY WOOD, CHIEF JUDGE
UNC'^ STATES DISTRICT COURT
DISTRICT OF GEORGIA
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