Jesse Lee Gregory #33885-132519 v. Sgt. O. Thomas, Lt. P. Hare, Major Singulton

Summary

The United States District Court for the District of South Carolina adopts a magistrate judge’s Report and Recommendation and dismisses Jesse Lee Gregory’s 42 U.S.C. § 1983 action without prejudice. The court concludes that Gregory sued the defendants only in their official capacities and sought monetary relief barred by the Eleventh Amendment, and that no specific objections to the Report were filed.

Holdings

1. The amended complaint was subject to dismissal because the defendants were sued only in their official capacities and the requested monetary relief was barred by the Eleventh Amendment; state officials sued in their official capacities are not persons for purposes of a damages action under 42 U.S.C. § 1983 absent consent.
2. Because Plaintiff filed no specific objections, the district court was not required to conduct de novo review and instead needed only to determine whether clear error appeared on the face of the record.

Questions Presented

1. Whether the magistrate judge's recommendation to dismiss the amended § 1983 complaint should be adopted when Plaintiff sued the defendants only in their official capacities and sought monetary relief.
2. Whether the amended complaint stated a viable claim despite the Eleventh Amendment and the rule that state officials sued in their official capacities are not persons subject to damages under 42 U.S.C. § 1983.
3. Whether the district court was required to conduct de novo review when no specific objections to the Report and Recommendation were filed.

Disposition

dismissed