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
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
FRANKFORT
SHARON HALL and
BRIANNA MCCOMBS,
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Plaintiffs,
v.
JANET CONOVER, et al.,
Defendants.
Civil No. 3:16-cv-068-GFVT
MEMORANDUM OPINON
& ORDER
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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.
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