MOODY v. LAHOOD et al
Filing
40
ENTRY Directing Further Proceedings - The plaintiff shall have through 12:00 noon on Friday, September 7, 2012, in which to either seek to drop defendants Tally and Mendez or show cause why they should not be dropped as defendants because Secretary of Transportation LaHood is already a defendant. Signed by Judge Tanya Walton Pratt on 8/31/2012. Copy Mailed.(JD)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
GARY W. MOODY,
Plaintiff,
vs.
RAY LAHOOD in his official capacity as
Secretary of the UNITED STATES
DEPARTMENT OF TRANSPORTATION,
MICHAEL B. CLINE in his official
capacity as the Commissioner of the
INDIANA DEPARTMENT OF
TRANSPORTATION,
ROBERT F. TALLY in his official capacity
as the Division Administrator - Indiana
Department of the FEDERAL HIGHWAY
ADMINISTRATION,
VICTOR MENDEZ in his official
capacity as Administrator of the
FEDERAL HIGHWAY
ADMINISTRATION,
JOSEPH MCGUINNESS in his official
capacity as Mayor of the City of
Franklin, Indiana,
Defendants.
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No. 1:12-cv-00907-TWP-DML
Entry Directing Further Proceedings
An official capacity suit is the equivalent of a suit against the entity of which
the officer is an agent. Kentucky v. Graham, 473 U.S. 159, 165 (1985); Brandon v.
Holt, 469 U.S. 464, 471-72 (1985); Will v. Michigan Dept. of State Police, 491 U.S.
58, 71 (1989).
In his complaint, the plaintiff, Mr. Moody, has sued Mr. LaHood, the
Secretary of the Department of Transportation and two administrators of that
agency. Defendants Mr. LaHood, Mr. Tally and Mr. Mendez, respectively—are each
sued in their official capacity. In substance, therefore, the Department of
Transportation is being sued three times in the same lawsuit. The redundancy of
this effort is evident.
The plaintiff shall have through 12:00 noon on Friday, September 7,
2012, in which to either seek to drop defendants Tally and Mendez or show cause
why they should not be dropped as defendants because Secretary of Transportation
LaHood is already a defendant.
IT IS SO ORDERED.
08/31/2012
Date: _________________
Distribution:
All Electronically Registered Counsel
Gary W. Moody
299 1/2 Madison Street
Franklin, IN 46131
________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana
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