Washam v. Bush, CV 117-057. (2018)
Court: District Court, S.D. Georgia
Number: infdco20180327e73
Visitors: 16
Filed: Mar. 26, 2018
Latest Update: Mar. 26, 2018
Summary: MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BRIAN K. EPPS , Magistrate Judge . Plaintiff, currently incarcerated at the Burke County Detention Center in Waynesboro, Georgia, commenced the above-captioned case pursuant to 42 U.S.C. 1983 and is proceeding pro se and in forma pauperis. Before the Court is Defendant Stacey Williams' motion to dismiss. (Doc. no. 58.) Defendant makes the same arguments other Defendants made in their motion to dismiss, i.e., Plaintiff's claims should be dis
Summary: MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BRIAN K. EPPS , Magistrate Judge . Plaintiff, currently incarcerated at the Burke County Detention Center in Waynesboro, Georgia, commenced the above-captioned case pursuant to 42 U.S.C. 1983 and is proceeding pro se and in forma pauperis. Before the Court is Defendant Stacey Williams' motion to dismiss. (Doc. no. 58.) Defendant makes the same arguments other Defendants made in their motion to dismiss, i.e., Plaintiff's claims should be dism..
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MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
BRIAN K. EPPS, Magistrate Judge.
Plaintiff, currently incarcerated at the Burke County Detention Center in Waynesboro, Georgia, commenced the above-captioned case pursuant to 42 U.S.C. § 1983 and is proceeding pro se and in forma pauperis. Before the Court is Defendant Stacey Williams' motion to dismiss. (Doc. no. 58.) Defendant makes the same arguments other Defendants made in their motion to dismiss, i.e., Plaintiff's claims should be dismissed because he has not alleged physical injury or plead nominal damages. (Id.; doc. no. 40.) For the reasons stated in the undersigned's February 16, 2018 Report and Recommendation and the District Judge's March 6, 2018 Order adopting the same, the Court REPORTS and RECOMMENDS Defendant's motion to dismiss (doc. no. 58) be GRANTED IN PART and DENIED IN PART. (See doc. nos. 56, 64.) Plaintiff should be allowed to proceed on his deliberate indifference and equal protection claims and seek nominal damages against Defendant Stacey Williams.
SO REPORTED AND RECOMMENDED.
Source: Leagle
