IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

GREGORY HUNT (#Z-521 - N-6), *

 *

 Plaintiff, *

 *

vs. * CIVIL ACTION NO.12-00752-WS-B

 *

TONY PATTERSON, et al., *

 *

 Defendants. *

REPORT AND RECOMMENDATION

This action is before the Court on Plaintiff’s Request to 

Reinstate the Department of Correction as a Defendant (Doc. 48). 

The Court is treating Plaintiff’s request as a motion to amend his 

complaint to add the Alabama Department of Corrections as a 

Defendant. Upon consideration, the undersigned recommends that 

Plaintiff’s motion be DENIED as futile.

While Rule 15(a) of the Federal Rules of Civil Procedure 

provides that leave to amend a pleading should be freely given when 

justice so requires, permission to amend may be denied when the 

claim, as amended, is subject to dismissal. See Halliburton & Assoc. 

v. Henderson, Few & Co., 774 F.2d 441, 444 (11th Cir. 1985). In the 

instant action, Plaintiff seeks to amend his complaint to name the 

Alabama Department of Corrections as a defendant; however, it is 

well settled that the Eleventh Amendment to the United States 

Constitution bars § 1983 claims in federal court against the state 

or an agency of the state. See Alabama v. Pugh, 438 U.S. 781, 98 S. 

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Ct. 3057, 57 L. Ed. 2d 1114 (1978); see also Pennhurst State School 

& Hospital v. Halderman, 465 U.S. 89, 104 S. Ct. 900, 79 L. Ed. 2d 

67 (1984). As the Supreme Court has stated:

 [T]here can be no doubt . . . that suit against the 

State and its Board of Corrections is barred by the 

Eleventh Amendment, unless Alabama has consented to the 

filing of such a suit. Edelman v. Jordan, 415 U.S. 651, 

94 S. Ct. 1347, 39 L. Ed. 2d 662 (1974); Ford Motor Co. 

v. Department of Treasury, 323 U.S. 459, 65 S. Ct. 347, 

89 L. Ed. 389 (1945); Worcester County Trust Co. v. 

Riley, 302 U.S. 292, 58 S. Ct. 185, 82 L. Ed. 268 (1937). 

Respondents do not contend that Alabama has consented to 

this suit, and it appears that no consent could be given 

under Art. I, sec. 14, of the Alabama Constitution, which 

provides that ‘the State of Alabama shall never be made a 

defendant in any court of law or equity.’

Alabama v. Pugh, 438 U.S. at 782. Accordingly, because Plaintiff 

cannot maintain a § 1983 action against the Alabama Department of 

Corrections, his motion to amend his complaint to add the department 

as a Defendant is due to be denied as futile. See Chandler v. 

Alabama Dept. of Corrections, 2014 U.S. Dist. LEXIS 107432 (N.D. 

Ala. June 18, 2014).

Notice of Right to File Objections

A copy of this report and recommendation shall be served on all 

parties in the manner provided by law. Any party who objects to 

this recommendation or anything in it must, within fourteen (14) 

days of the date of service of this document, file specific written 

objections with the Clerk of this Court. See 28 U.S.C. § 636(b)(1); 

Fed. R. Civ. P. 72(b); S.D. ALA. L.R. 72.4. In order to be 

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specific, an objection must identify the specific finding or 

recommendation to which objection is made, state the basis for the 

objection, and specify the place in the Magistrate Judge’s report 

and recommendation where the disputed determination is found. An 

objection that merely incorporates by reference or refers to the 

briefing before the Magistrate Judge is not specific.

DONE this 19th day of August, 2014.

 /s/ SONJA F. BIVINS 

 UNITED STATES MAGISTRATE JUDGE

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