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ECHOLS v. AUTAUGA COUNTY, 2:15cv265-MHT (WO). (2015)

Court: District Court, M.D. Alabama Number: infdco20150922542 Visitors: 11
Filed: Sep. 21, 2015
Latest Update: Sep. 21, 2015
Summary: OPINION MYRON H. THOMPSON , District Judge . Pursuant to 42 U.S.C. 1983, plaintiff, a former inmate at the Autauga County Jail, filed this lawsuit challenging the jail staff's failure to protect him from sexual assault by other inmates, and naming two inmates as defendants as well, presumably for the assault. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that that the 1983 claims against the inmate defendants be dismissed as the inmates
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OPINION

Pursuant to 42 U.S.C. § 1983, plaintiff, a former inmate at the Autauga County Jail, filed this lawsuit challenging the jail staff's failure to protect him from sexual assault by other inmates, and naming two inmates as defendants as well, presumably for the assault. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that that the § 1983 claims against the inmate defendants be dismissed as the inmates are not state actors; that the motion for summary judgment be granted as to the remaining defendants due to the running of the statute of limitations; and that no costs be taxed. There are no objections to the recommendation. After an independent and de novo review of the record, the court concludes that the magistrate judge's recommendation should be adopted.

An appropriate judgment will be entered.

Source:  Leagle

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