Taylor v. Arizona, State of
Filing
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ORDER that Defendant's motion to dismiss (Doc. 4 ) is granted. The clerk is directed to terminate this action. Signed by Judge David G Campbell on 1/25/2013.(KMG)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Kenneth C. Taylor,
No. CV-12-02403-PHX-DGC
Plaintiff,
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v.
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ORDER
State of Arizona,
Defendant.
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Plaintiff Kenneth C. Taylor filed a complaint against the State of Arizona for
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denying him due process in connection with a case involving custody of his children. He
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seeks monetary damages in the amount of $10,000,000. Plaintiff also seeks remedies
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with respect to third parties, but only the State is named as Defendant. The State of
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Arizona moves to dismiss the complaint based on its sovereign immunity. Doc. 4. The
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Court will grant the motion.
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Plaintiff is a private individual who brings a civil lawsuit against the State of
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Arizona. States are immune to such suits by private individuals. College Sav. Bank v.
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Prepaid Postsecondary Educ. Expenses Bd., 527 U.S. 666, 670 (1999); Porter v. Jones,
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319 F.3d 483, 491 (9th Cir. 2003). Additionally, though not clearly stated, it seems that
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Plaintiff’s complaint intends to invoke federal jurisdiction through 42 U.S.C. § 1983.
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The State of Arizona is not a “person” within the meaning of that statute and cannot be
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liable for money damages. Will v. Michigan Department State Police, 491 U.S. 58, 71
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(1989). As the complaint’s defects cannot be cured by amendment, dismissal is granted
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with prejudice.
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IT IS ORDERED that Defendant’s motion to dismiss (Doc. 4) is granted. The
clerk is directed to terminate this action.
Dated this 25th day of January, 2013.
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