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Evans v. Jackson Cnty.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION
Jul 24, 2014
No. 1:14-CV-145-CL (D. Or. Jul. 24, 2014)

Opinion

No. 1:14-CV-145-CL

07-24-2014

MICHAEL GLENN EVANS, Plaintiff, v. JACKSON COUNTY, et al., Defendants.


ORDER

PANNER, District Judge:

Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Although no objections have been filed, this court reviews legal principles de novo. See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206 (8th Cir. 1983).

I agree with Magistrate Judge Clarke that plaintiff stated a claim against Jackson County for an alleged custom of using excessive force against inmates, but did not state a claim for the alleged ratification of excessive force. I also agree that plaintiff should have leave to file an amended complaint.

CONCLUSION

Magistrate Judge Clarke's Report and Recommendation (#12) is adopted. Defendants' partial motion to dismiss (#6) is granted without prejudice as. to plaintiff's Monell ratification claim and denied as to plaintiff's Monell custom claim. Plaintiff has leave to file an amended complaint within thirty days of this order.

IT IS SO ORDERED.

__________

OWEN M. PANNER

U.S. DISTRICT JUDGE


Summaries of

Evans v. Jackson Cnty.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION
Jul 24, 2014
No. 1:14-CV-145-CL (D. Or. Jul. 24, 2014)
Case details for

Evans v. Jackson Cnty.

Case Details

Full title:MICHAEL GLENN EVANS, Plaintiff, v. JACKSON COUNTY, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION

Date published: Jul 24, 2014

Citations

No. 1:14-CV-145-CL (D. Or. Jul. 24, 2014)