Daniels v. Upton et al

Filing 15

ORDER overruling 14 objections and adopting 12 Report and Recommendations. The Court dismisses all monetary damages claims against Defendants in their official capacities and all claims for punitive and compensatory damages, and Plaintiff's Eighth Amendment claims based on the conditions of his confinement and Defendant's alleged failure to protect Plaintiff. Signed by Judge J. Randal Hall on 09/20/2016. (thb)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

XAVIER DANIELS,

Plaintiff,

CIVIL ACTION NO.: 6:16-cv-94

v.

FIELD OPERATIONS MANAGER UPTON;
ROBERT TOOLE; and STANLEY
WILLIAMS,
Defendants.
ORDER

After an independent and de novo review of the entire record, the undersigned concurs

with the Magistrate Judge's Report and Recommendation, (doc. 12), to which Objections have
been filed. The Court OVERRULES Plaintiffs Objections, (doc. 14), and ADOPTS the Report

and Recommendation as the opinion of the Court. The Court DISMISSES all monetary

damages claims against Defendants in their official capacities and all claims for punitive and
compensatory damages. The Court also DISMISSES Plaintiffs Eighth Amendment claims
based on the conditions of his confinement and Defendant's alleged failure to protect Plaintiff.

However, Plaintiffarguably sets forth plausible claims that Defendants violated his due process

rights during his period of administrative confinement at Georgia State Prison. Consequently, his
claims for injunctive relief and nominal damages on those claims will proceed.

SO ORDERED, this^*^ day ofSeptember, 2016.

lONORABIiE J. PvANDAifHALL

jD^TATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA