Anderson v. Alabama Department of Corrections, et al. (JOINT ASSIGN)(MAG+)

Plaintiff: John Lankston Anderson, Jr.
Defendant: Walker County District Attorney, Miller County District Attorney, Franklin County District Attorney, Arkansas Department of Corrections and Alabama Department of Corrections
Case Number: 2:2014cv00950
Filed: September 11, 2014
Court: Alabama Middle District Court
Office: Montgomery Office
County: XX US, Outside State
Referring Judge: Susan Russ Walker
Presiding Judge: William Keith Watkins
Nature of Suit: Other Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

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Date Filed#Document Text
October 21, 2014 5 Opinion or Order of the Court ORDER directing that an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the ORDER, JUDGMENT and DECREE of the court that: (1) The Recommendation of the Magistrate Judge is ADOPTE D; (2) To the extent that plaintiff seeks a judgment finding the defendants to have violated 18 U.S.C. §§ 241 and 242, this claim for relief is DISMISSED without prejudice as plaintiff lacks Article III standing to pursue it; (3) Plaintiff& #039;s claims against the unidentified "Et Al" defendants are DISMISSED with prejudice, as these are fictitious parties; (4) Plaintiff's claims against the Alabama Department of Corrections, the Arkansas Department of Corrections, and all of the official-capacity "Jane Doe" and "John Doe" defendants are DISMISSED with prejudice prior to service of process under 28 U.S.C. § 1915(e)(2)(B), due to the Eleventh Amendment immunity of these defendants; (5) Plain tiff's individual capacity claims for damages against the "Jane Doe" and "John Doe" defendants identified as the "District Attorneys" for the Alabama counties of Franklin and Walker and for Miller County, Arkansas, arising from their conduct in connection with judicial proceedings (including probation revocation proceedings) as advocates for their respective states are DISMISSED with prejudice as barred by absolute prosecutorial immunity; (6) Plaintiff's i ndividual capacity claims against the "Jane Doe" and "John Doe" defendants identified as the Commissioners of the Alabama and Arkansas corrections departments and his individual capacity claims for injunctive and declaratory relie f against the "District Attorneys" for the Alabama counties of Franklin and Walker and for Miller County, Arkansas, are DISMISSED without prejudice prior to service of process, pursuant to 28 U.S.C. § 1915(e)(2)(B), for failure to stat e a claim upon which relief may be granted; (7) This action is referred back to the Magistrate Judge for entry of an order allowing plaintiff the opportunity to move for leave to amend his complaint to re-plead the individual capacity claims identified in paragraph (6) above. Signed by Chief Judge William Keith Watkins on 10/21/14. (scn, )

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Search for this case: Anderson v. Alabama Department of Corrections, et al. (JOINT ASSIGN)(MAG+)
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Defendant: Walker County District Attorney
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Defendant: Miller County District Attorney
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Defendant: Franklin County District Attorney
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Defendant: Arkansas Department of Corrections
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Defendant: Alabama Department of Corrections
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Plaintiff: John Lankston Anderson, Jr.
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