Edwards v. Griffin et al

Filing 21

OPINION AND ORDER: The court AMENDS the order entered 5/15/18 ECF 12 to correct the scriveners error on page 3. Signed by Judge Jon E DeGuilio on 7/18/18. (Copy mailed to pro se party). (nal)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
SCOTTIE R. EDWARDS,
Plaintiff,
v.

CAUSE NO.: 3:18-CV-155-JD-MGG

JOYCE RHODES, WILLIAM MARTIN,
and MIAMI CORRECTIONAL FACILITY
SUPERVISOR OF EDUCATION,
Defendants.
OPINION AND ORDER
The screening order entered on May 18, 2018, contains a scrivener’s error on page
three. The order mistakenly states Edwards may proceed against “Joyce Rhodes and
William Martin in their official capacities for compensatory and punitive damages . . ..”
ECF 12 at 3 (emphasis added). It should have said individual capacities.
Edwards cannot proceed against Rhodes or Martin in their official capacities for
compensatory damages because “a suit against a[n] official in his or her official capacity
is not a suit against the official but rather is a suit against the official’s office. As such, it
is no different from a suit against the State itself.” Will v. Michigan Dep’t of State Police,
491 U.S. 58, 71 (1989) (citations omitted). The Eleventh Amendment precludes monetary
claims against a State and its agencies. Kashani v. Purdue University, 813 F.2d. 843 (7th
Cir. 1987).
However, Edwards can proceed against Rhodes and Martin in their individual
capacities because “state officials, sued in their individual capacities, are ‘persons’

within the meaning of § 1983. The Eleventh Amendment does not bar such suits, nor are
state officers absolutely immune from personal liability under § 1983 solely by virtue of
the ‘official’ nature of their acts.” Hafer v. Melo, 502 U.S. 21, 31 (1991).
For these reasons, the court AMENDS the order entered May 18, 2018, (ECF 12)
to correct the scrivener’s error on page 3 by replacing the paragraph which granted
Scottie R. Edwards leave to proceed against “Joyce Rhodes and William Martin in their
official capacities for compensatory and punitive damages” with this paragraph:
GRANTS Scottie R. Edwards leave to proceed against Joyce Rhodes
and William Martin in their individual capacities for compensatory and
punitive damages for racially discriminating when they fired him from his
prison law library job and falsified apprenticeship records so he would be
denied his certification and time cut in violation of the Equal Protection
Clause of the Fourteenth Amendment.
SO ORDERED on July 18, 2018
/s/ JON E. DEGUILIO
JUDGE
UNITED STATES DISTRICT COURT

2