Smith v. McKelvey et al

Filing 3

ORDER granting 1 Motion to Proceed In Forma Pauperis. Smith's complaint has a fatal flaw. He has sued the State Police and McKelvey in his official capacity as a State Police Officer. The State Police, as Smith pleads, is an arm of Arkansas. S mith's suit against McKelvey also runs against Arkansas. Smith seeks only money damages. The Eleventh Amendment protects States against that relief. Therefore, Smith's complaint must be dismissed. Signed by Judge D. P. Marshall Jr. on 2/3/2016. (jak)

Download PDF

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?