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Love v. Palmer

United States District Court, N.D. Georgia, Atlanta Division

June 1, 2015

EGYPT MUSLISMAH LOVE a/k/a Geneva Ronda Stone, Plaintiff,
v.
SGT. PALMER, DR. SMITH, INVESTIGATOR DUANE L. HIERS, JR., and SHERIFF VIKTOR HILL, Defendants.

OPINION AND ORDER

WILLIAM S. DUFFEY, Jr., District Judge.

This matter is before the Court on Magistrate Judge Justin S. Anand's Non-Final Report and Recommendation ("R&R") [10], following his review of Plaintiff Egypt Muslismah Love a/k/a Geneva Ronda Stone's ("Plaintiff") "Civil Rights Claim" [1], Amended Complaint [3], and "Motion to Add Defendants to Complaint" ("Motion") [7] pursuant to 28 U.S.C. § 1915A.[1] Also before the Court are Plaintiff's Objections [13] to the R&R.

I. BACKGROUND

A. Procedural History

On May 5, 2014, Plaintiff filed a handwritten document entitled "Civil Rights Claim, " which was docketed as Plaintiff's civil rights action pursuant to 42 U.S.C. § 1983.

On May 12, 2014, the Court ordered Plaintiff to file an amended complaint to supplement her "Civil Rights Claim." Plaintiff filed her Amended Complaint on May 22, 2014, asserting civil rights claims against Clayton County Jail Personnel; Clayton County Jail; Clayton County Sheriff's Office; Sheriff Viktor Hill, in his individual and official capacity ("Sheriff Hill"); and Sergeant Palmer, in his individual and official capacity ("Sgt. Palmer").[2]

On July 22, 2014, Plaintiff filed her Motion, which the Court granted on July 29, 2014. In her Motion, Plaintiff asserts civil rights claims against Dr. Smith, Sheriff Hill, and Investigator Duane L. Hiers, Jr. ("Hiers").

On June 26, 2014, Magistrate Judge Anand granted Plaintiff leave to proceed in forma pauperis.

On October 14, 2014, the Magistrate Judge issued his R&R and recommended that Plaintiff's claims against Sgt. Palmer for excessive force, Investigator Hiers for false arrest, and Dr. Smith for deliberate indifference, be allowed to proceed; and that Plaintiff's remaining claim against Sheriff Hill, challenging the conditions of her confinement, be dismissed without prejudice, with leave to amend that claim.

On October 28, 2014, Plaintiff filed her "Corrections to be [M]ade to the [E]rrors in the Magistrate Judge's Non-Final Report and Recommendation" [13], a two-page document in which Plaintiff asserts five (5) "corrections" to the R&R's factual summary. Plaintiff's corrections are not supported by the allegations in her complaints, and, even if true, the claimed errors in the R&R are not material to the frivolity review of Plaintiff's allegations.

On October 28, 2014, and November 3, 2014, Plaintiff filed amended complaints [14, 15] amending her claims against Sheriff Hill.

B. Factual Allegations

Plaintiff bases her claims on multiple incidents surrounding her arrest and arrival at the Clayton County Jail.[3] Plaintiff alleges that she was severely beaten, kicked, and choked by Sgt. Palmer and other officers upon her arrival at the Clayton County Jail. (See [1] at 1-2). While she was being fingerprinted at the Clayton County Jail, Plaintiff alleges that she "express[ed] [her] uneasiness on the current injury too [sic] [her] skull, and palm, from the arresting officer slamming [her] head on his car door, and the hand cuffs was [sic] not secured causing [her] hand to loss [sic] color and circulation." (Id. at 1). Plaintiff alleges that Sgt. Palmer "yank[ed] her right arm with accessive [sic] force, "punch[ed] [her] on the side of [her] face and ear, causing ringing and hearing lost [sic] to [her] right ear." (Id.). He also bent her fingers until she "felt a pop, " and that "[o]ne of the search team officers put his arm around [her] neck and began choking [her] until [she] passed out." (Id. at 1-2).

When Plaintiff was placed into a cell at Clayton County Jail with two other inmates, they allegedly told her that she "had blood flowing down [her] back" and questioned whether her arm was broken. (Id. at 2-3). Plaintiff alleges that Sgt. Palmer took her to see a nurse, but that she did not receive any medical treatment. Plaintiff asserts that the nurse instead told her that she was "really crazy" and wrote her up as a mental health patient. (Id. at 3). Plaintiff alleges that she was taken to a cell in the medical unit, where she was "house[d] there for 3 to 4 months, and only given 30 minutes out of the cell every other day for free time or showers." ...


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