Pressley v. McMaster
Decision Date | 21 March 2016 |
Docket Number | Civil Action No. 3:14-cv-04025-JMC |
Court | U.S. District Court — District of South Carolina |
Parties | Terry K. Pressley, Plaintiff, v. Henry D. McMaster; John W. Mcintosh; Donald J. Zelenka; Jon Ozmint; Bryan P. Stirling; The State of South Carolina; The South Carolina Department of Corrections; and The South Carolina Attorney General's Office, Defendants. |
Plaintiff brought this action seeking relief pursuant to 42 U.S.C. § 1983 (2012) and the South Carolina Tort Claims Act ("SCTCA"), as codified at S.C. Code Ann. §§ 15-78-10 et seq. (2015). This matter is before the court for review of the Magistrate Judge's Report and Recommendation ("Report") (ECF No. 76) recommending that Defendants' Motion for Summary Judgment (ECF No. 32) be granted. This court finds that:
Therefore, the court ACCEPTS IN PART and MODIFIES IN PART the Magistrate Judge's Report (ECF No. 76) and GRANTS IN PART and DENIES IN PART Defendants' Motion for Summary Judgment (ECF No. 32). This action is dismissed with prejudice.
The court concludes upon its own careful review of the record that the Report's factual summation is accurate and includes relevant portions here:
(ECF No. 40 at 1-2 (citations omitted).)
The Magistrate Judge recommended that Defendants' Motion for Summary Judgment (ECF No. 26) be granted. (Id. at 8.) Plaintiff filed an Objection to the Report (ECF No. 40), to which Defendants Jon Ozmint, Bryan Stirling, and the South Carolina Department of Corrections filed a Reply (ECF No. 44). Defendants Jon Ozmint, Bryan Stirling, and the South Carolina Department of Corrections also filed an Objection to the Report (ECF No. 43).
The Report is made in accordance with 28 U.S.C. § 636(b)(1) (2012) and Local Civil Rule 73.02 for the District of South Carolina. The Magistrate Judge makes only a recommendation to this court. The court reviews de novo only those portions of a Magistrate Judge's recommendation to which specific objections are filed. Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982); Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005); Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983). It reviews those portions which are not objected to—including those portions to which only "general and conclusory" objections have been made—for clear error. Orpiano, 687 F.2d at 47. The court may accept, reject, or modify—in whole or in part—the recommendation of the Magistrate Judge or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1).
Summary judgment should be granted "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). A fact is "material" if proof of its existence or non-existence would affect the disposition of the case under the applicable law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-49 (1986). A genuine question of material fact exists where, after reviewing the record as a whole, the court finds that a reasonable jury could return a verdict for the non-moving party. Newport News Holdings Corp. v. Virtual City Vision, 650 F.3d 423, 434 (4th Cir. 2011).
In ruling on a motion for summary judgment, a court must view the evidence in the light most favorable to the non-moving party. Perini Corp. v. Perini Constr., Inc., 915 F.2d 121, 123-24 (4th Cir. 1990). The non-moving party may not oppose a motion for summary judgment with mere allegations or denials of the movant's pleading, but instead must "set forth specific facts" demonstrating a genuine issue for trial. Fed. R. Civ. P. 56(e); see Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986); Shealy v. Winston, 929 F.2d 1009, 1012 (4th Cir. 1991). All that is required is that "sufficient evidence supporting the claimed factual dispute be shown to require a jury or judge to resolve the parties' differing versions of the truth at trial." Anderson, 477 U.S. at 249. "Mere unsupported speculation . . . is not enough to defeat a summary judgment motion." Ennis v. Nat'l Ass'n of Bus. & Educ. Radio, Inc., 53 F.3d 55, 62 (4th Cir. 1995).
In his Report, the Magistrate Judge determined:
In response, Plaintiff objected, for the most part, on the very same grounds he argued in his Response to Defendants' Motion for Summary Judgment. (Compare ECF No. 41 (Objection), with ECF No. 34 (Response).) For example, he re-asserts his argument that the Count 2 sentence was never valid and provides portions from the South Carolina Department of Correction's "Inmate Classification Plan" and "Inmate Records Plan" as support. (ECF No. 41 at 1-4.) Plaintiff further re-asserts, as part of his objections, that Defendant Ozmint and Defendant Stirling be held liable in their individual and supervisory capacities. (Id. at 4-6.) Plaintiff relies on what appears to be correspondence between Defendant Ozmint and others regarding Plaintiff's sentencing to support his claim that Defendant Ozmint should be held liable in his supervisory capacities since he was aware of the invalid sentence and its violation against the policies of the South Carolina Department of Corrections. (Id. at 5-6 (citing ECF No. 41-3 (Ex. C).) Plaintiff similarly states that Defendant Stirling, because he was "responsible for updating [South Carolina Department of Correction]'s policies and is also responsible for the same control over employees as [Defendant] Ozmint was before," should also be held liable in his supervisory capacity. (Id. at 6.) Finally, Plaintiff re-asserts his belief that S.C. Code Ann. § 15-78-60(2)-(3) (2015) ( ) and S.C. Code Ann. § 15-78-70(17) (2015) ( ) are inapplicable to the SCTCA claims against the South Carolina Department of Corrections. (Id. at 6-7.)
Plaintiff's objections unfortunately fail. First, the new evidence Plaintiff provides in the form of the South Carolina Department of Corrections...
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