MATHIS v. GEORGIA STATE PRISON, 6:15-cv-122. (2016)
Court: District Court, S.D. Georgia
Number: infdco20160419a79
Visitors: 9
Filed: Apr. 18, 2016
Latest Update: Apr. 18, 2016
Summary: ORDER J. RANDAL HALL , District Judge . 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. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court, and Plaintiff's Objections (doc. 14) are overruled. 1 The Court DISMISSES Plaintiff's claims against Defendants Georgia State Prison and Georgia State Pr
Summary: ORDER J. RANDAL HALL , District Judge . 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. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court, and Plaintiff's Objections (doc. 14) are overruled. 1 The Court DISMISSES Plaintiff's claims against Defendants Georgia State Prison and Georgia State Pri..
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ORDER
J. RANDAL HALL, District Judge.
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. Accordingly, the Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court, and Plaintiff's Objections (doc. 14) are overruled.1
The Court DISMISSES Plaintiff's claims against Defendants Georgia State Prison and Georgia State Prison Mental Health Department. Additionally, the Court DISMISSES Plaintiff's claims for monetary relief against Defendants in their official capacities, DISMISSES WITHOUT PREJUDICE Plaintiff's claims for compensatory and punitive damages, and DISMISSES his due process claims. The Court also DENIES Plaintiff's Motion for an Immediate Injunction, (doc. 11). Plaintiff's remaining claims regarding denial of access to medical care shall proceed against Defendants Warden Chatman, Stanley Williams, Robert Toole, and Ms. West, Mental Health Director of Georgia State Prison.
SO ORDERED.
FootNotes
1. In his Objections, Plaintiff states that, due to Defendants' actions, he developed claustrophobia requiring him to be hospitalized. However, as the Magistrate Judge explained in the Report and Recommendation, plaintiff must show a physical injury in order to recover compensatory or punitive damages. (Doc. 12, pp. 6-7 (citing 42 U.S. § 1997e(e)). Plaintiff's alleged damages are the exact type of mental or emotional injury for which the Prison Litigation Reform Act prevents monetary recovery. However, the Eleventh Circuit has held that Courts should dismiss an inmate's punitive and compensatory damages claims under Section 1997e(e) without prejudice to allow an inmate to refile his claims when and if he is released. Harris v. Garner, 216 F.3d 970, 980 (11th Cir. 2004). Accordingly, the Court dismisses Plaintiff's claimsfor compensatory and punitive damages without prejudice.
Source: Leagle
