Newcomb v. Oktibbeha County et al

Filing 33

JUDGMENT - Objections to Report and Recommendation OVERRULED and APPROVED AND ADOPTED as the opinion of the court; Defendants Jim Hood, Phil Bryant and Scott Colom DISMISSED with prejudice; claims against Starkville Police Detective Stephanie Perkins and Oktibbeha County will PROCEED. Signed by District Judge Michael P. Mills on 3/30/17. (cr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
DAN DEWAYNE NEWCOMB

PLAINTIFF

v.

No. 3:16CV119-MPM-DAS

OKTIBBEHA COUNTY
STEPHANIE PERKINS, STARKVILLE POLICE DETECTIVE
SCOTT COLOM, DISTRICT ATTORNEY
JIM HOOD, ATTORNEY GENERAL
PHIL BRYANT, GOVERNOR

DEFENDANTS

JUDGMENT
Having considered the file and records in this action, including the Report and
Recommendation of the United States Magistrate Judge and the objections to the Report and
Recommendation, the court finds that the plaintiff’s objections are without merit and that the
Magistrate Judge’s Report and Recommendation should be approved and adopted as the opinion
of the court. It is ordered:
1.

That the plaintiff’s objections to the Magistrate Judge’s Report and

Recommendation are OVERRULED;
2.

That the Report and Recommendation of the United States Magistrate Judge is

hereby APPROVED AND ADOPTED as the opinion of the court;
3.

That defendants Colom, Hood, and Bryant are DISMISSED with prejudice from

this suit, as they had no personal involvement in the incident;
4.

Further, that defendant Colom is DISMISSED with prejudice from this case

because, as a prosecutor, he enjoys absolute immunity from civil suit as to his responsibilities as an
advocate;
5.

The plaintiff’s claims against Starkville Police Detective Stephanie Perkins for

failure to bring the plaintiff before a neutral and detached magistrate in a timely fashion will

PROCEED;
6.

Likewise, the plaintiff’s claims will PROCEED against Oktibbeha County for

failure to implement a policy to ensure that criminal defendants are presented expeditiously to a
judge after arrest – and are promptly appointed counsel once their pauper status has been
determined.
SO ORDERED, this, the 30th day of March, 2017.

/s/ MICHAEL P. MILLS
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF MISSISSIPPI