Winberly Jr. v. Broome et al

Filing 17

ORDER adopting the 12 Magistrate Judge's Report and Recommendation, as supplemented herein, as the opinion of the Court; and dismissing Plaintiff's claims for monetary damages against Defendants in their official capacities. Signed by Judge J. Randal Hall on 2/2/2016. (jah)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

LEONARD WIMBERLY, JR.,
Plaintiff,

CIVIL ACTION NO.: 6:15-cv-23

v.

DEAN BROOME; NURSE GAIL FERRA;
and NURSE MARTHA MIDDLETON,
Defendants.

ORDER

Before the Court is the December 9, 2015 Report and Recommendation of the Magistrate

Judge. (Doc. 12.) The Court ADOPTS the Report and Recommendation, as supplemented
herein, as the opinion of the Court.

The Magistrate Judge conducted an initial screening of Plaintiffs Complaint and found

that Plaintiff stated colorable claims against Defendants in their individual capacities. (Id.at
pp. 5-6.) However, the Magistrate Judge recommended that the Court dismiss Plaintiffs claims

against Defendants in their official capacities. (Id at pp. 4-5.)
In his Objections to the Report and Recommendation, Plaintiff clarifies that he only seeks
injunctive relief against Defendants in their official capacities.

(Doc. 13.)

The Eleventh

Amendment and traditional principles of state sovereignty do not preclude claims for purely
injunctive relief against Defendants in their official capacities. Welch v. Lanev, 57 F.3d 1004,
1009 (11th Cir. 1995); see also, McClendon v. Georgia Dep't of Cmtv. Health, 261 F.3d 1252,

1256 (1 lth Cir. 2001) ("The Young doctrine permits federal courts to entertain suits against state

officers seeking prospective equitable relief to end continuing violations of federal law.");

Bradley v. Hart. No. 5:13-cv-127, 2015 WL 1032926, at *4 (S.D. Ga. Mar. 9, 2015) ("To be

clear, a 'state defendant[ ] sued in [his] official capacity for monetary damages under § 1983 [is]
immune from suit under the Eleventh Amendment, [but he is] not immune from claims seeking

prospective declaratory or injunctive relief."') (quoting Smith v. Fla. Dep't of Corr., 318 F.
App'x 726, 728 (11th Cir.2008)).
Consequently, Plaintiffs claims for injunctive relief against Defendants in their official
capacities will proceed along with his claims against Defendants in their individual capacities.

However, the Court DISMISSES Plaintiffs claims for monetary damages against Defendants in
their official capacities.
SO ORDERED

day
,this £AnQ. of February, 2016.

,E J. RANDAL HALL

TATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA