Walker v. Statesboro Police Department et al

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 13 Report and Recommendations. Plaintiff's claims against the Statesboro Police Department and the Bulloch County Sheriff's Department are dismissed. Signed by Judge B. Avant Edenfield on 2/9/2012. (loh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA 2817 FEB 13 AM 9:
STATESBORO DIVISION
CLERK LJ_
G.N.
L..,) 1
ZEFFREY JOHN WALKER,
Plaintiff,
CIVIL ACTION NO.: CV6II-131

V.

STATESBORO POLICE DEPARTMENT;
BULLOCH COUNTY SHERIFF'S
DEPARTMENT; and JAMES WINSKEY,
Defendants

ORDER
Plaintiff Zeifrey Walker ("Plaintiff') filed Objections to the Magistrate Judge's
Report dated January 18, 2012, which recommended that Plaintiffs claims against the
Statesboro Police Department and the Bulloch County Sheriffs Department, brought
pursuant to 42 U.S.C. § 1983, be dismissed. In his Objections, Plaintiff argues that his
criminal case in Bulloch County is being improperly handled and that he is innocent of
the charges against him.
After an independent and de novo review of the record, the undersigned concurs
with the Magistrate Judge's Report and Recommendation. As discussed in Lovelace v.
DeKaIb Cent. Prob., 144 F. App'x 793, 795 (11th Cir. 2005), and in the Magistrate
Judge's Report, the Court of Appeals for the Eleventh Circuit has stated that "[s]heriffs
departments and police departments are not usually considered legal entities subject to
suit" under § 1983. As a result, the Magistrate Judge determined that Plaintiff cannot

AO 72A
(Rev. 8/82)

show that he is entitled to relief against the Statesboro Police Department or the Bulloch
County Sheriff's Department under § 1983. See FED. R. Civ. P. 8(a)(2). Nothing in
Plaintiffs Objections convinces the Court to draw a different conclusion.
Plaintiffs Objections to the Magistrate Judge's Report and Recommendation are
without merit and are overruled. The Report and Recommendation of the Magistrate
Judge is adopted as the Opinion of the Court. Plaintiff's claims against the Statesboro
Police Department and the Bulloch County Sheriffs Department are DISMISSED.
SO ORDERED, this Jay of

SOUTHERN DISTRICT

AO 77A
(Rev. 8/82)

2

, 2012.