Jackie Johnson v. Terry Burton

Filing

PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Lavenski R. Smith and Jane Kelly (UNPUBLISHED) [4181095] [14-1030]

United States Court of Appeals
For the Eighth Circuit
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No. 14-1030
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Jackie D. Johnson
lllllllllllllllllllll Plaintiff - Appellant
v.
Terry Burton, Arkansas State Police Badge #312
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Eastern District of Arkansas - Jonesboro
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Submitted: July 29, 2014
Filed: July 31, 2014
[Unpublished]
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Before BYE, SMITH, and KELLY, Circuit Judges.
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PER CURIAM.
Jackie Johnson appeals the district court’s1 Federal Rule of Civil Procedure
12(b)(6) dismissal of his civil complaint, in which he claimed violations of his Fourth
1

The Honorable Brian S. Miller, Chief Judge, United States District Court for
the Eastern District of Arkansas.

Appellate Case: 14-1030

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Date Filed: 07/31/2014 Entry ID: 4181095

and Eighth Amendment rights. Upon careful de novo review, we conclude that the
district court did not err in dismissing Johnson’s claims, which we agree were
asserted against the named defendant in his official capacity only, and were thus
barred by the Eleventh Amendment. See Minn. Majority v. Mansky, 708 F.3d 1051,
1055 (8th Cir.) (de novo review of Rule 12(b)(6) dismissal), cert. denied, 134 S. Ct.
824 (2013); Reynolds v. Dormire, 636 F.3d 976, 981 (8th Cir. 2011) (official-capacity
damages claims are barred by Eleventh Amendment); Baker v. Chisom, 501 F.3d 920,
923-24 (8th Cir. 2007) (if complaint is silent about capacity in which defendant is
sued, district court interprets complaint as including only official-capacity claims).
Accordingly, we affirm. See 8th Cir. R. 47B.
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Appellate Case: 14-1030

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Date Filed: 07/31/2014 Entry ID: 4181095