Jones v. Michigan Department of Corrections

Filing 12

ORDER granting 3 defendant's Motion to Dismiss. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DENISE JONES,
Plaintiff,
CASE NO. 13-CV-13754
HONORABLE GEORGE CARAM STEEH

v.
MICHIGAN DEPARTMENT
OF CORRECTIONS,
Defendant.
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ORDER GRANTING DEFENDANT’S MOTION TO DISMISS (Doc. 3)
Pro se plaintiff Denise Jones brought this disability discrimination case pursuant to
the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12111-12117. Defendant
Michigan Department of Corrections (“MDOC”) moves to dismiss pursuant to Federal Rules
of Civil Procedure 12(b)(1) and 12(b)(6) on the basis of sovereign immunity. Having shown
it is entitled to sovereign immunity, defendant is entitled to dismissal here. The Supreme
Court has held that a claim under the employment provisions of the ADA is barred by the
Eleventh Amendment. Bd. of Trs. of Univ. of Alabama v. Garrett, 531 U.S. 356, 356
(2001). In opposition to defendant’s motion, plaintiff relies on Court of Appeals cases
decided in the 1990s. Those cases have been abrogated by the Supreme Court’s decision
in Garrett. Under the holding in Garrett, the MDOC is immune from suit in federal court
under the Eleventh Amendment because it is an arm of the state. Defendant also moves
to dismiss plaintiff’s Title VII claim, but in her response, plaintiff states that she is not
pursuing any Title VII claim. Accordingly,
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IT IS ORDERED that defendant’s motion to dismiss (Doc. 3) is GRANTED and this
case is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Dated: March 3, 2014
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
March 3, 2014, by electronic and/or ordinary mail and also on
Denise Lavender Jones, 231 West Troy #2045,
Ferndale, MI 48220.
s/Barbara Radke
Deputy Clerk

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