Daniels v. Upton et al
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
CIVIL ACTION NO.: 6:16-cv-94
FIELD OPERATIONS MANAGER UPTON;
ROBERT TOOLE; and STANLEY
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
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