Scott v. State of Louisiana et al

Filing 53

ORDER AND REASONS: IT IS ORDERED that 41 Motion to Dismiss filed by Karen St. Germain and the State of Louisiana is GRANTED. Scott's claims against these Defendants are DISMISSED. Party Karen St. Germain and the State of Louisiana are dismissed. Signed by Judge Jay C. Zainey on 7/29/2020. (ajn)

Case 2:20-cv-00043-JCZ-DMD Document 53 Filed 07/30/20 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
VANCE SCOTT, SR.

CIVIL ACTION

VERSUS

NO. 20-43

STATE OF LOUISIANA, ET AL.

SECTION “A” (3)

ORDER AND REASONS
Local Rule 7.5 of the Eastern District of Louisiana requires that memoranda in
opposition to a motion be filed eight days prior to the noticed submission date of the
motion. Here, the Plaintiff Vance Scott failed to file any memoranda in opposition to the
Motion to Dismiss (Rec. Doc. 41) filed by the Defendants the State of Louisiana and
Karen St. Germain. This Motion was scheduled for consideration on June 10, 2020.
In addition to being unopposed, the Court concludes that this motion has merit.
Scott makes a claim against the State of Louisiana and Karen St. Germain under 42
U.S.C. § 1983. However, Eleventh Amendment immunity bars suits in federal court by
citizens of a state against their own state or a state agency or department. Pennhurst
State School and Hospital v. Halderman, 465 U.S. 89 (1984). Claims under federal
statutes do not override the Eleventh Amendment bar unless there is a clear showing of
congressional intent to abrogate the bar, Quern v. Jordan, 440 U.S. 332 (1979), and §
1983 does not override the Eleventh Amendment bar. Id.; see also Sessions v. Rusk
State Hospital, 648 F.2d 1066, 1069 (5th Cir.1981). Thus, Scott’s claims against the State
of Louisiana are barred.
Further, the Court finds that Scott’s claims against Karen St. Germain in her official
and individual capacity are meritless. As Commissioner of the Office of Motor Vehicles
for the State of Louisiana, Karen St. Germain is an officer of the state government. “[A]
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Case 2:20-cv-00043-JCZ-DMD Document 53 Filed 07/30/20 Page 2 of 2

suit against a state official in his or her official capacity is not a suit against the official but
rather is a suit against the official’s office” and “[a]s such, it is no different than a suit
against the State itself.” Will v. Mich. Dep't of State Police, 491 U.S. 58, 71 (1989)
(citations omitted). Thus, Scott’s official capacity claims against Karen St. Germain are in
fact, claims against the State of Louisiana. Because Eleventh Amendment immunity bars
Scott’s claims against the State of the Louisiana, Scott’s claims are dismissed.
Next, as to Scott’s individual capacity claims, his Complaint is devoid of any factual
allegations that would support a § 1983 claim against St. Germain. The only connection
between Scott’s Complaint and St. Germain is Scott’s claim that provisions within Title 32
of Louisiana’s Motor Vehicle Code are unconstitutional. However, Scott’s allegations in
his Complaint are conclusory and lack any merit. Further, Scott’s claims lack any tangible
connection to St. Germain.
Accordingly;
IT IS ORDERED that the Motion to Dismiss (Rec. Doc. 41) filed by the
Defendants the State of Louisiana and Karen St. Germain is GRANTED. Scott’s claims
against these Defendants are DISMISSED.
.
July 29, 2020

_________________________________
JUDGE JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE

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