Mitchell v. Elmore County Department of Human Resources (MAG+), No. 2:2022cv00022 - Document 24 (M.D. Ala. 2022)
Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 12/28/2022. (cwl, )
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Mitchell v. Elmore County Department of Human Resources (MAG+) Doc. 24 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION YOLANDA MITCHELL, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. ELMORE COUNTY DEPARTMENT OF HUMAN RESOURCES, Defendant. CIVIL ACTION NO. 2:22cv22-MHT (WO) OPINION Plaintiff civil filed rights this were lawsuit violated claiming when the that her defendant child-welfare agency wrongfully took her children from her. She seeks the return of her children and damages for emotional distress. court on the This lawsuit is now before the recommendation of the United States Magistrate Judge that defendant’s motion to dismiss be granted on the basis of sovereign immunity and the statute of limitations, and that plaintiff’s case be dismissed with prejudice. the recommendation. There are no objections to However, in response to the Dockets.Justia.com recommendation, plaintiff filed a motion to dismiss her claims without prejudice. In the motion, she submits that the defendant violated her rights again in 2021 when they placed her children in foster care, and asks that the court dismiss the current case without prejudice so that she can file a new case for that violation. the record, judge’s After an independent and de novo review of the court recommendation plaintiff’s motion for concludes should that be dismissal the magistrate adopted, without and that prejudice (Doc. 23) should be granted only to the extent that the court will not dismiss with prejudice any potential claims plaintiff may wish to raise against individual defendants for acts that occurred in 2021. An appropriate judgment will be entered. DONE, this the 28th day of December, 2022. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE
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