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Moran v. Polk County

United States District Court, W.D. North Carolina, Asheville Division

September 23, 2019

LEAH MORAN, individually and as executrix for the Estate of HEATHER GRACE BOONE LEVITSKY, Plaintiff,
v.
POLK COUNTY, POLK COUNTY SHERIFF’S DEPARTMENT, TRANSYLVANIA COUNTY DETENTION CENTER, DONALD HILL, in his individual and official capacities, JOSHUA J. KUJAWA, in his individual capacity, SHELLEY STROUP, in her individual capacity, KYLE PASSMORE, in his individual capacity, JERRY MANN, in his individual capacity, MYLES B. McCRARY, in his individual capacity, ROBBIE WORTHY, in his individual capacity, DAVID A. MAHONEY, in his official and individual capacities, NICHOLE BLACKWELL, in her individual capacity, UNKNOWN JOHN DOE EMPLOYEE OF TRANSYLVANIA COUNTY, in his individual capacity, and UNKNOWN EMPLOYEES OF TRANSYLVANIA COUNTY DETENTION CENTER, in their individual capacities, Defendants.

          ORDER

          Martin Reidinger, United States District Judge

         THIS MATTER is before the Court on the Motion to Dismiss filed by Defendants Polk County, Transylvania County, Polk County Sheriff’s Office, Transylvania County Detention Center, Donald Hill, David Mahoney, Joshua J. Kujawa, Shelley Stroup, Kyle Passmore, Jerry Mann, and Nichole Blackwell (“Sheriff and County Defendants”) [Doc. 27]; the Motion to Dismiss filed by Defendant Myles B. McCrary [Doc. 29]; the Motion to Dismiss filed by Defendant Robbie Worthy [Doc. 36]; and the Magistrate Judge’s Memorandum and Recommendation [Doc.40] regarding the disposition of those motions.

         Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation of this Court, the Honorable W. Carleton Metcalf, United States Magistrate Judge, was designated to consider the Defendants’ motions and to submit a recommendation for their disposition.

         On September 3, 2019, the Magistrate Judge filed a Memorandum and Recommendation in this case containing conclusions of law in support of a recommendation regarding the Defendants’ motions. [Doc. 40]. The parties were advised that any objections to the Magistrate Judge’s Memorandum and Recommendation were to be filed in writing within fourteen (14) days of service. The period within which to file objections has now expired, and no written objections to the Memorandum and Recommendation have been filed.

         After a careful review of the Magistrate Judge’s Recommendation, the Court finds that the proposed conclusions of law are consistent with current case law. Accordingly, the Court hereby accepts the Magistrate Judge’s recommendation that the Motion to Dismiss filed by the Sheriff and County Defendants be granted in part and denied in part; that the Motion to Dismiss filed by Defendant McCrary be granted; and that the Motion to Dismiss filed by Defendant Worthy be granted.

         IT IS, THEREFORE, ORDERED as follows:

         (1) The Memorandum and Recommendation [Doc. 40] is ACCEPTED;

         (2) The Motion to Dismiss filed by Defendants Polk County, Transylvania County, Polk County Sheriff’s Office, Transylvania County Detention Center, Donald Hill, David Mahoney, Joshua J. Kujawa, Shelley Stroup, Kyle Passmore, Jerry Mann, and Nichole Blackwell (“Sheriff and County Defendants”) [Doc. 27] is GRANTED IN PART and DENIED IN PART as follows:

a. With respect to Plaintiff’s First Claim (Cruel and Unusual Punishment):
i. The Motion is GRANTED as to the following Defendants in their individual capacities: Donald Hill, David A. Mahoney, Joshua J. Kujawa, Shelley Stroup, and Kyle Passmore, and such claim is hereby DISMISSED WITH PREJUDICE as to these Defendants; and
ii. The Motion is DENIED as to Defendant Jerry Mann in his individual capacity.
b. With respect to Plaintiff’s Second Claim (Right to Familial Relationship), the Motion is GRANTED as to the following Defendants: Polk County, Transylvania County, Polk County Sheriff’s Office, Transylvania County Detention Center, Donald Hill (in his official and individual capacities), David A. Mahoney (in his official and individual capacities), Joshua J. Kujawa, Shelley Stroup, Kyle Passmore, Jerry Mann, and Nichole Blackwell, and such claim is hereby DISMISSED WITH PREJUDICE with respect to these Defendants.
c. With respect to Plaintiff’s Third Claim (Monell):
i. The Motion is GRANTED as to the following Defendants: Polk County Sheriff’s Office, Transylvania County Detention Center, and Donald Hill in his official capacity, and such claim is hereby DISMISSED WITH PREJUDICE with respect to these Defendants; and ii. ...

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