Brown v. Wilkinson et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATION for 22 Report and Recommendation. Defendant CCA and Worsham are hereby dismissed without prejudice. The Clerk is directed to transfer this action to the Eastern District of Oklahoma, as more fully set out. Signed by Honorable David L. Russell on 5/12/15. (jw) [Transferred from okwd on 5/13/2015.]

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
KEVIN MAURICE BROWN, SR.,
Plaintiff,
v.
CORRECTIONS CORPORATION OF
AMERICA, ET AL.,
Defendants.

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CIV-14-1426-R

ORDER
Plaintiff filed this action pursuant to 42 U.S.C. § 1983, alleging violation of his civil
rights. Pursuant to 28 U.S.C. § 636(b)(1)(B), the matter was referred to United States
Magistrate Judge Charles B. Goodwin for preliminary review. On April 30, 2015, Judge
Goodwin issued a Report and Recommendation wherein he recommended that Plaintiff's
claims against Defendants Worsham be considered voluntarily dismissed by Plaintiff, that
Corrections Corporation of America ("CCA") be dismissed because Plaintiff has failed to
state a claim, and further that the remainder of the action be transferred to the United States
District Court for the Eastern District of Oklahoma. Plaintiff has filed an objection that is
difficult to construe. He stated in two places that he does not object to transfer and at another
that he does. Plaintiff also objects to Judge Goodwin's recommendation that CCA be
dismissed and requests appointment of counsel. The Court has conducted its de novo review,
and finds as follows.
Judge Goodwin recommended dismissal of CCA because Plaintiff only included CCA

in the caption and did not include the private prison operator in his factual allegations.
Plaintiff contends CCA was the employer of the individuals about whom he complains and
that because it operates a private prison it was acting under color of state law. Judge
Goodwin did not question whether CCA, although a private entity, could be a state actor for
purposes of § 1983 liability. Rather, the fact that CCA employed persons who allegedly
violated Plaintiff's civil rights is not sufficient to hold it liable, and Plaintiff presented no
facts in support of his claim against CCA. Judge Goodwin outlined the elements required to
hold CCA liable under § 1983, which are the same as those required to hold a municipality
liable under § 1983 if its officers violate a person's civil rights. Therefore, it was appropriate
for Judge Goodwin to recommended dismissal of CCA without prejudice.
Furthermore, the Court finds that venue in this action is proper in the Eastern District
and that this action should be transferred to that District. Plaintiff and the nine individual
employees are located in that District and the events giving rise to the litigation occurred
therein. As such, the Court hereby adopts the Report and Recommendation and this matter
will be transferred to the United States District Court for the Eastern District of Oklahoma.
Plaintiff's request for the appointment of counsel is denied without prejudice to renewal of
the request transfer.
The Report and Recommendation is hereby ADOPTED in its entirety. Defendant
CCA and Worsham are hereby dismissed without prejudice. The Clerk is directed to transfer
this action to the Eastern District of Oklahoma.

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IT IS SO ORDERED this 12th day of May, 2015.

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