Hughes v. The City of Montgomery, Alabama

Filing 23

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

TERRY HUGHES,

)
)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
THE CITY OF MONTGOMERY,
ALABAMA, a municipality,
et al.,
Defendants.

CIVIL ACTION NO.
2:12cv1007-MHT

OPINION AND ORDER
It is ORDERED as follows:
(1) Defendants

Kevin

Murphy

and

R.

C.

Daniels’s

motion to dismiss (doc. no. 4) is granted.
(2) Defendants

Murphy

and

Daniels

are

dismissed

without prejudice and terminated as parties.
***
Plaintiff
Murphy

and

capacities.

Terry
R.

C.

Hughes
Daniels

has
in

sued
only

defendants
their

Kevin

official

Damages suits against governmental officials

in their official capacities are essentially the same as

suits against the government itself.
lawsuits

are,

“in

all

respects

Official capacities

other

than

treated as a suit against the entity.”

name,

...

Kentucky v.

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
personally.

Id.

Therefore, because Hughes has sued

defendant City of Montgomery, Murphy and Daniels are
unnecessary.
DONE, this the 10th day of January, 2013.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE