Summary
In Kelly, the plaintiff claimed that he received inadequate medical treatment while incarcerated at the Coosa County Jail. The only relevant portion of the plaintiff's pre-suit notice stated, "Coosa County had undertaken and hired medical personnel, including the services of a physician, to provide medical services to inmates at Coosa County Jail."
Summary of this case from Foster v. Advanced Corr. Healthcare, Inc.Opinion
2:05-CV-1150-MHT wo.
November 29, 2006
ORDER
This litigation is now before the court on the recommendation of the United States Magistrate Judge entered on November 9, 2006 (Doc. 68). After a review of the recommendation, to which no timely objections have been filed, and after an independent review of the entire record, the court believes that the recommendation should be and is hereby adopted. It is hereby
ORDERED that:
A. The Motion to Dismiss filed by defendant deputy sheriffs Al Bradley, Terry Wilson, and Wendy Roberson (Doc. 50) is GRANTED to the extent requested with respect to the First Amended Complaint, as follows:
1. The Section 1983 claims asserted under the Eighth Amendment are DISMISSED;
2. The Section 1983 claims asserted under the Fourteenth Amendment for monetary damages against Deputy Sheriffs Bradley, Wilson, and Roberson in their official capacities are DISMISSED with prejudice;
3. The Section 1983 claims asserted under the Fourteenth Amendment for injunctive and declaratory relief against Deputy Sheriffs Bradley, Wilson, and Roberson, in their official capacities, are DISMISSED without prejudice;
B. This action shall proceed against (a) Defendant Bradley only in his individual capacity on the Fourteenth Amendment claims asserted against him for monetary damages in Counts I, II, III, and V, and (b) against Defendants Wilson and Roberson only in their individual capacities on the Fourteenth Amendment claims asserted against them for monetary damages in Counts I, II, III, IV, and V.