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.
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OWEN M. PANNER
U.S. DISTRICT JUDGE