Batemon v. Arkansas, State of et al
ORDER denying  Motion for Reconsideration re 9 Order Adopting Report and Recommendations. Signed by Judge Brian S. Miller on 2/16/10. (bkp)
IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS P I N E BLUFF DIVISION B IL L Y C. BATEMON v. Case No. 5:10-CV-00010 BSM DEFENDANTS ORDER P l a in tif f Billy C. Batemon asks for reconsideration of the February 3, 2010 order a d o p tin g the partial report and recommendations of Magistrate Judge H. David Young (Doc. N o . 14). Batemon's motion is denied. The dismissal of Batemon's complaint against the s ta te of Arkansas and the Tri-County Drug Task Force was appropriate because these d e f e n d a n ts are not "persons" within the meaning of 42 U.S.C. § 1983. They are thus not s u b je c t to suit. Further, suit against these parties under Section 1983 is precluded by the E le v e n th Amendment to the United States Constitution. IT IS SO ORDERED this 16th day of February, 2010. P L A IN T IF F
S T A T E OF ARKANSAS, et al.
________________________________ U N IT E D STATES DISTRICT JUDGE
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?