BELL v. LAMB et al

Filing 29

ORDER ADOPTING re 21 Report and Recommendations. The Court DISMISSES Plaintiff's official capacity claims against all Defendants; all claims against Emanuel County Jail and Emanuel County Jail Medical Department; and all claims against Defenda nts John Doe and Jane Doe. Additionally, the Court DISMISSES WITHOUT PREJUDICE Plaintiff's Eighth Amendment deliberate indifference to medical needs claims pertaining to Plaintiff's gastrointestinal illness. Signed by Chief Judge J. Randal Hall on 11/8/17. (loh)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

SPENCER JERROD BELL,
Plaintiff,

CIVIL ACTION NO.: 6:17-cv-12

v.

FELISHA BROWN; FAYE CLIFTON; JANE
DOE; JOHN DOE; EMANUEL COUNTY
JAIL; EMANUEL COUNTY JAIL
MEDICAL DEPARTMENT; MAC LAMB;
WAYNE MCKENNY; MAC RINER; and
SHERIFF TYSON STEVENS,
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. 21), to which Plaintifffailed to

file Objections. Accordingly, the Court ADOPTS the Report and Recommendation of the
Magistrate Judge as the opinion of the Court.

The Court DISMISSES Plaintiffs official capacity claims against all Defendants; all

claims against Emanuel County Jail and Emanuel County Jail Medical Department; and all
claims against Defendants John Doe and Jane Doe. Additionally, the Court DISMISSES
WITHOUT PREJUDICE Plaintiffs Eighth Amendment deliberate indifference to medical
needs claims pertaining to Plaintiffs gastrointestinal illness.
However, Plaintiff has plausibly stated claims that Defendants Mac Lamb, Wayne

McKenny, and Mac Riner used excessive force against him in violation of the Eighth
Amendment. He also plausibly alleged that Defendants Lamb, Riner, Felisha Brown, Faye

Clifton, and Sheriff Tyson Stevens violated his Eighth Amendment rights by disregarding his
serious medical needs. Those claims shall proceed.

SO ORDERED, this

<S>

day ofNovember, 2017.

J. RAWDM, HALL, CHIEF JUDGE
UNITED-STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA