Hall et al v. Conover et al

Filing 15

MEMORANDUM OPINION & ORDER: 1. The plaintiffs' complaint [R. 1] is DISMISSEDWITH PREJUDICE. 2. This action is STRICKEN from the Court's docket. 3. The Court will enter an appropriate judgment. Signed by Judge Gregory F. VanTatenhove on 5/2/2017.(AKR)cc: paper copies to plaintiffs via US Mail

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION FRANKFORT SHARON HALL and BRIANNA MCCOMBS, ) ) ) ) ) ) ) ) ) ) Plaintiffs, v. JANET CONOVER, et al., Defendants. Civil No. 3:16-cv-068-GFVT MEMORANDUM OPINON & ORDER *** *** *** *** Plaintiffs Sharon Hall and Brianna McCombs are inmates at the Kentucky Correctional Institute for Women (KCIW) in Pewee Valley, Kentucky. Proceeding without counsel, the plaintiffs filed a civil rights complaint pursuant to 42 U.S.C. § 1983, alleging that the defendants violated their constitutional and statutory rights to practice their religion. [R. 1]. The Court, however, will dismiss the plaintiffs’ complaint. That is because the Eleventh Amendment bars suits for money damages against state officials acting in their official capacities, see Rodgers v. Banks, 344 F.3d 587, 594 (6th Cir. 2003), and that is exactly what the plaintiffs are seeking in this case. Indeed, the plaintiffs state in their complaint that they are seeking $3.5 million in punitive damages and suing each of the defendants only in their official capacities. [R. 1 at 2, 5]. Therefore, the Court will dismiss the plaintiffs’ complaint. Accordingly, IT IS ORDERED that: 1. The plaintiffs’ complaint [R. 1] is DISMISSED WITH PREJUDICE. 2. This action is STRICKEN from the Court’s docket. 3. The Court will enter an appropriate judgment. This the 2nd day of May, 2017. 2

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