Miller v. Suggs et al

Filing 32

ORDER ADOPTING REPORT 16 Report and Recommendations of the Magistrate Judge as amended herein, as the opinion of the Court, and DISMISSES Plaintiff's monetary damages claims against Defendant Burse in his official capacity. Accordingly, the Court SUSTAINS in part Plaintiff's Objections and REJECTS I part the Magistrate Judge's Report and Recommendation. Signed by Judge Lisa G. Wood on 5/11/2018. (ca)

QKntteb States! Bisstrtct Court

:lfor t|ie ^ontliiem IBisitrttt of (fleorgta
Wavtxo&i l^tbtoton
JOHN MILLER,
Plaintiff,

CIVIL ACTION NO.: 5:17-cv-123

V.

TAMMY SUGGS,etal..
Defendants.

ORDER

After an independent and de novo review of the record, the
undersigned concurs in part with the Magistrate Judge's March

22, 2018, Report and Recommendation, dkt. no. 16, to which
Plaintiff filed Objections, dkt. no. 18.

Plaintiff contends

that the Court should not dismiss his monetary damages claims

against Defendants Suggs, Hall, K. Davis, Cook, Green,

Youngblood, and L. Davis in their official capacities.^

Id.

Plaintiff argues that these Defendants do not receive immunity
under the Eleventh Amendment because they are private employees
of CoreCivic, Inc.

Id. at pp. 1-2.

The Court will assess the

viability of these claims on a more complete record rather than

^

Plaintiff does not contest the Magistrate Judge's recommendation to

dismiss his monetary damages claims against Defendant Burse in his
official capacity.

V0 72A

Rev. 8/82)

Id. at p. 1.

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 Suggs, Hall, K.

Davis, Cook, Green, Youngblood, and L. Davis in their official

capacities, and those claims shall proceed.

The Court otherwise

ADOPTS the Magistrate Judge's Report and Recommendation, as
amended herein, as the opinion of the Court, and DISMISSES

Plaintiff s monetary damages claims against Defendant Burse in
his official capacity.
SO ORDERED, this

4

day jof

HON. LISA^ODBEY WOOD, JUDGE

UNITEDIs^TES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA

, 2018.