Simmons v. Vickers
1:09-cv-00653
D.S.C.Mar 11, 2011Background
- Simmons, pro se, filed two §1983 actions against the South Carolina Department of Corrections and several officers in 2009.
- The actions were consolidated by the magistrate judge because they allege the same facts and seek the same relief.
- The magistrate judge recommended summary judgment on the §1983 claims and decline to exercise supplemental jurisdiction over state-law claims, while denying amendments.
- After the Report, Simmons filed affidavits and letters as objections; additional motions were noted as moot pending ruling.
- The district court conducted a de novo review under Wallace and accepted the magistrate judge’s Report, granting judgment in defendants’ favor and denying amendments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1983 claims are barred by summary judgment | Simmons argues remaining issues survive summary judgment. | Vickers/Najjar/others contend no genuine disputes exist and qualify for summary judgment. | Summary judgment granted on §1983 claims. |
| Whether the court should exercise supplemental jurisdiction over state-law claims | Simmons seeks to preserve state-law claims by continuing litigation. | Court should decline supplemental jurisdiction after §1983 dismissal. | Court declined to exercise supplemental jurisdiction. |
| Whether motions to amend the complaints should be denied | Amendments should be allowed to address deficiencies. | Amendments should be denied as futile or improper. | Motions to amend denied. |
Key Cases Cited
- Wallace v. Housing Auth. of the City of Columbia, 791 F. Supp. 137 (D.S.C. 1992) (requires de novo review of objections to magistrate judge recommendations)
