McBride v. Board of Corrections, A96A0170
| Decision Date | 17 May 1996 |
| Docket Number | No. A96A0170,A96A0170 |
| Citation | 221 Ga.App. 796,472 S.E.2d 693 |
| Parties | McBRIDE v. BOARD OF CORRECTIONS et al. |
| Court | Georgia Court of Appeals |
Stephen McBride, pro se.
Michael J. Bowers, Atty. Gen., George P. Shingler, Deputy Atty. Gen., Joachim P. Ferrero, Mark A. Basurto, Asst. Attys. Gen., for appellees.
Plaintiff Stephen McBride, an inmate at Hardwick Correctional Institute, filed this pro se civil action against the "Board of Corrections," the Georgia Department of Corrections, and against the former Commissioner of the Department of Corrections, Dr. Allen Ault. Plaintiff sought "declaratory judgment" with respect to the validity of certain rules promulgated by the Department of Corrections, and further demanded money damages under 42 U.S.C. § 1983 for alleged violations of his civil rights. Defendants denied the material allegations and moved to dismiss the complaint. This motion was granted by the trial court and plaintiff appeals. Held:
Three discernible enumerations are urged in this pro se appeal.
1. The trial court did not abuse its discretion in denying plaintiff's motion for default judgment after defendants filed an amended answer to plaintiff's discursive complaint. OCGA § 9-11-55(b); Colonial Penn Life Ins. Co. v. Market Planners Ins. Agency, 209 Ga.App. 562, 563, 434 S.E.2d 124.
2. "Declaratory judgment" was not an available remedy to address past grievances regarding administration of a prison. Based on these past events, plaintiff was entitled to seek immediate legal or equitable relief to establish his rights, if any. Logan Paving Co. v. Peoples Bank & Trust, 196 Ga.App. 42, 43, 395 S.E.2d 287. In the case sub judice, the trial court correctly perceived that plaintiff's complaints about the rules and regulations promulgated for running a prison failed to show the existence of any justiciable issue supporting his claims for money damages. Jackson v. Zant, 210 Ga.App. 581, 582, 436 S.E.2d 771.
As to plaintiff's civil rights claims, " Thompson v. Dept. of Transp., 209 Ga.App. 353, 354(2), 433 S.E.2d 623. In Georgia, the Department of Corrections and the "Board of Corrections" would be considered "arms of the State" for Eleventh Amendment purposes. As against former Commissioner, Dr. Ault, ' ...
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