Summary
concluding that hypertension, without more, is insufficient to be more than a de minimis physical injury
Summary of this case from Cassady v. WalkerOpinion
CIVIL ACTION NO.: CV208-114.
January 28, 2010
ORDER
After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In her Objections, Plaintiff asserts that Defendants committed acts violating her equal protection rights, her free exercise rights, and her right to be free from cruel and unusual punishment. (Doc. No. 73). Plaintiff asserts that Defendants should not be protected by qualified immunity. (Id. at p. 73).
In an order issued on November 7, 2009, the undersigned determined that Plaintiff's complaint only alleged violations of the Equal Protection Clause. (Doc. No. 14, p. 2).
Summary judgment was recommended by the Magistrate Judge because Plaintiff did not establish that she was entitled to any requested relief. (Doc. No. 68). The issue of qualified immunity was not addressed in the report and recommendation. (Id.). Plaintiff's objection fails to state any reason that she should be entitled to her requested monetary or injunctive relief. Her objection merely restates the allegations in her complaint. Without a showing of physical injury that satisfies the requirement of 42 U.S.C. § 1997e(e), the undersigned cannot allow Plaintiffs claims for compensatory damages to move forward. See Boxer X v. Donald, 169 Fed. Appx. 555, 558 (11th Cir. 2006) (holding that allegations of mental and emotional injury, without any allegation of physical injury, bar compensatory relief). Moreover, Plaintiff's claims for injunctive or declaratory relief are rendered moot by her transfer from the Wayne County Jail. As this Court can grant no relief to Plaintiff, it is unnecessary to address the merits of her Constitutional claims or whether Defendants are entitled to qualified immunity.
Petitioner's Objections are without merit. The Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. Plaintiff's objections are OVERRULED, and Defendants' Motion for Summary Judgment is GRANTED. The Clerk of Court is directed to enter the appropriate judgment of dismissal.
SO ORDERED.