Hughes v. The City of Montgomery, Alabama
OPINION AND ORDER as follows: (1) Defendants Kevin Murphy and R. C. Daniels's motion to dismiss 4 is granted. (2) Defendants Murphy and Daniels are dismissed without prejudice and terminated as parties. Signed by Honorable Judge Myron H. Thompson on 1/10/2013. (Attachments: # 1 Civil Appeals Checklist)(jg, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
THE CITY OF MONTGOMERY,
ALABAMA, a municipality,
CIVIL ACTION NO.
OPINION AND ORDER
It is ORDERED as follows:
motion to dismiss (doc. no. 4) is granted.
without prejudice and terminated as parties.
Damages suits against governmental officials
in their official capacities are essentially the same as
suits against the government itself.
treated as a suit against the entity.”
Graham, 473 U.S. 159, 166, 105 S.Ct. 3099, 3105 (1985).
Because damages are recovered from the government entity
itself, and not the officials’ personal assets, the real
party in interest is the entity and not the official
Therefore, because Hughes has sued
defendant City of Montgomery, Murphy and Daniels are
DONE, this the 10th day of January, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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