BRIAN J. DAVIS, District Judge.
Plaintiff Gregory L. Simpson, an inmate of the Florida penal system, is proceeding in this action on an Amended Complaint (Doc. 10; Complaint) under 42 U.S.C. § 1983. Plaintiff names as Defendants six corrections officers at Columbia Correctional Institution (CCI), whom he sues in their individual and official capacities. Complaint at 2-3. Plaintiff alleges Defendants used excessive force against him in violation of the Eighth Amendment on April 21, 2016.
Before the Court are Defendants Guess and Minshew's Motion to Dismiss (Doc. 32; Guess Motion) and Defendants Bennett, Johnson, Roach, and Wynne's Motion to Dismiss (Doc. 40; Bennett Motion). Plaintiff has responded to the motions (Doc. 36; Response to Guess Motion) (Doc. 56; Response to Bennett Motion). As such, they are ripe for this Court's review.
In their motions, Defendants seek dismissal of the official-capacity claims against them for damages, invoking Eleventh Amendment immunity.
In response, Plaintiff fails to address Eleventh Amendment immunity. Rather, Plaintiff responds to the motions as if they were motions for summary judgment. Plaintiff asserts the exhibits he provides (Docs. 37-1 through 37-6) demonstrate a genuine issue of material fact exists as to his excessive force claims against Defendants.
Plaintiff's assertions and evidentiary support are misplaced at this time. Defendants move, under Federal Rule of Civil Procedure 12, to dismiss Plaintiff's official-capacity claims for damages; they do not move to dismiss Plaintiff's Eighth Amendment claims, nor do they move for summary judgment under Federal Rule of Civil Procedure 56. In ruling on a motion to dismiss, the court limits it review to the allegations in a complaint, accepting those allegations as true.
When a plaintiff sues a state actor in his official capacity, "the action is in essence one for the recovery of money from the state."
Accordingly, it is now
1. Defendants Guess and Minshew's Motion to Dismiss (Doc. 32) is
2. Defendants Bennett, Johnson, Roach, and Wynne's Motion to Dismiss (Doc. 40) is
3. Plaintiff's claims for compensatory damages from Defendants in their official capacities are
4. Defendants shall answer the Amended Complaint (Doc. 10) within