Opinion
CASE NO. 4:12cv304-RH/CAS
02-24-2013
SEAN PATRICK REILLY, Plaintiff, v. LARRY CAMPBELL, and LUIS MORENO et al., Defendants.
ORDER DENYING LEAVE TO AMEND AND REMANDING TO
MAGISTRATE JUDGE FOR FURTHER PROCEEDINGS
This case is before the court on the magistrate judge's report and recommendation, ECF No. 26, and the objections, ECF No. 27. I have reviewed de novo the issues raised by the objections.
In Florida, a county sheriff is a constitutional officer separate and apart from the Board of County Commissioners. The county sheriff typically operates the county jail. The defendant Larry Campbell, in his official capacity as the Sheriff of Leon County, operates the Leon County jail. For claims like the plaintiff's, arising from policies in force at the Leon County jail, the proper official-capacity defendant is the Sheriff, not the Board of County Commissioners. The plaintiff has alleged no facts indicating that the Board of County Commissioners enacted the policies at issue or had the capacity to do so.
IT IS ORDERED:
The report and recommendation is ACCEPTED and adopted as the court's opinion. The plaintiff's motion for leave to amend his complaint, ECF No. 23, is DENIED. This matter is remanded to the magistrate judge for further proceedings.
Robert L. Hinkle
United States District Judge