Hammitt v. Hall et al

Filing 20

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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DEWEL HAMMIT,

Plaintiff,

CIVIL ACTION NO.: 5:17-cv-64

WARDEN HILTON HALL;
CHIEFAVARDEN RICKY STONE; UNIT
MANAGER SIZEMORE;and J. BELL,
Defendants.

ORDER

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.

Plaintiff

contends that the Court should not dismiss his monetary damages

claims against Defendants Sizemore and Stone in their official

capacities.^

Id.

Plaintiff argues that Defendants Sizemore and

Stone do not receive immunity under the Eleventh Amendment

because they are private employees of Corrections Corporation of
America.

^

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.

However, the

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.

V0 72A

Rev. 8/82)

these claims on a more complete record rather than dismissing
the claims at this early stage, as the Magistrate Judge
recommended.

Accordingly, the Court SUSTAINS IN PART Plaintiff's

Objections and REJECTS IN PART the Magistrate Judge's Report and
Recommendation.

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

proceed.

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
Complaint.

SO ORDERED, this V\.

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SA ^DBEY WOOD, CHIEF JUDGE

UNC'^ STATES DISTRICT COURT
SOUTHERN

DISTRICT OF GEORGIA

, 2017.