HARMON v. STURDIVANT, 4:09-cv-24(DCB)(SAA). (2012)
Court: District Court, N.D. Mississippi
Number: infdco20120730654
Visitors: 5
Filed: Jul. 27, 2012
Latest Update: Jul. 27, 2012
Summary: ORDER DAVID BRAMLETTE, District Judge. This cause is before the Court sua sponte to address the issue of Eleventh Amendment immunity. The issue was raised by the defendants in their motion for summary judgment, but not addressed in this Court's Memorandum Opinion of July 12, 2012. It is wellsettled that Eleventh Amendment immunity bars damages claims against state officials in their official capacities. Will v. Michigan Dept. Of State Police, 491 U.S. 58 , 67, 71 (1989). The plaintiff doe
Summary: ORDER DAVID BRAMLETTE, District Judge. This cause is before the Court sua sponte to address the issue of Eleventh Amendment immunity. The issue was raised by the defendants in their motion for summary judgment, but not addressed in this Court's Memorandum Opinion of July 12, 2012. It is wellsettled that Eleventh Amendment immunity bars damages claims against state officials in their official capacities. Will v. Michigan Dept. Of State Police, 491 U.S. 58 , 67, 71 (1989). The plaintiff does..
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ORDER
DAVID BRAMLETTE, District Judge.
This cause is before the Court sua sponte to address the issue of Eleventh Amendment immunity. The issue was raised by the defendants in their motion for summary judgment, but not addressed in this Court's Memorandum Opinion of July 12, 2012. It is wellsettled that Eleventh Amendment immunity bars damages claims against state officials in their official capacities. Will v. Michigan Dept. Of State Police, 491 U.S. 58, 67, 71 (1989). The plaintiff does not allege any waiver of or exception to the immunity defense; therefore, Harmon's claims for damages against the defendants in their official capacities must be dismissed. Accordingly,
IT IS HEREBY ORDERED that the plaintiff's claims for damages against the defendants in their official capacities are DISMISSED with prejudice.
SO ORDERED.
Source: Leagle
