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Thomas v. Hutcheson

United States District Court, S.D. Georgia, Statesboro Division

August 18, 2014

RYAN PATRIC THOMAS, Plaintiff,
v.
CO LT. JOSEPH HUTCHESON; CO II LEROY KUBACHI; CO II ALMA BROWN; and CO I. McCLOUD, Defendants.

ORDER

B. AVANT EDENFIELD, District Judge.

After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Plaintiff filed Objections. In his Objections, Plaintiff contends that the Magistrate Judge erred by finding that he cannot sustain a cause of action against Defendants pursuant to the Fourteenth Amendment. The Magistrate Judge did not err. Plaintiffs excessive force and failure to intervene claims are properly brought under the Eighth Amendment, and it is on this basis the Magistrate Judge ordered service of Plaintiffs Complaint upon the Defendants.

Plaintiff's Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Plaintiff's monetary damages claims against Defendants in their official capacities and his Fourteenth Amendment claims are DISMISSED.

SO ORDERED.


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