PETERSON v. MARVELL et al
Filing
51
ENTRY - The plaintiff shall have through May 20, 2013, in which to notify the court in writing whether he requests the court's assistance in recruiting counsel to represent him in the further development and potential trial of this action. The court has sua sponte reviewed the Complaint and determined that claims against the defendants in their official capacities must be dismissed. The claims in this action shall proceed against the defendants in their individual capacities only. No partial final judgment shall issue at this time as to the claims resolved in this Entry. Signed by Judge Tanya Walton Pratt on 4/29/2013. Copy Mailed. (JD)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
LAWRENCE PETERSON,
Plaintiff,
vs.
LIEUTENANT R. MARVELL sued in his
individual and official capacities, under color
of state law,
OFFICER M. BALLARD sued in his
individual and official capacities, under color
of state law,
Defendants.
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Case No. 1:11-cv-01122-TWP-MJD
Entry Concerning Selected Matters
The court, having considered the above action and the matters which are pending, makes
the following rulings:
1.
The plaintiff shall have through May 20, 2013, in which to notify the court in
writing whether he requests the court’s assistance in recruiting counsel to represent him in the
further development and potential trial of this action.
2.
Pursuant to 28 U.S.C. § 1915A(b), the court has sua sponte reviewed the
Complaint and determined that claims against the defendants in their official capacities must
be dismissed. The reason for this ruling is that an official-capacity claim is effectively a suit
against the governmental entity employing the defendant. Scott v. O'Grady, 975 F.2d 366, 369
(7th Cir.1992), cert. denied, 508 U.S. 942 (1993). In this case, therefore, an official capacity
claim against the defendant individuals as employees of the Indiana Department of Correction
would in essence be against the State of Indiana. Such claims are barred by the Eleventh
Amendment to the United States Constitution, and the doctrine of sovereign immunity. See
Kentucky v. Graham, 473 U.S. 159, 165-67 and n.14 (1985) (suit for damages against state
officer in official capacity is barred by the Eleventh Amendment); see also Omosegbon v. Wells,
335 F.3d 668, 673 (7th Cir. 2003) (the state is not a “person” that can be sued under 42 U.S.C. §
1983). The claims in this action shall proceed against the defendants in their individual capacities
only. No partial final judgment shall issue at this time as to the claims resolved in this Entry.
IT IS SO ORDERED.
04/29/2013
Date: __________________
Distribution:
Lawrence Peterson
892938
PENDLETON - CF
PENDLETON CORRECTIONAL FACILITY
Inmate Mail/Parcels
4490 West Reformatory Road
Pendleton, IN 46064
All Electronically Registered Counsel
________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana
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