Harmon v. Sturdivant et al
Filing
76
ORDER dismissing plaintiff's damages claims against defendants in their official capacities, based on Eleventh Amendment immunity. Signed by David C. Bramlette on 7/27/2012. (Ward, Edwin)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
KENYATA HARMON
PLAINTIFF
VS.
CIVIL ACTION NO. 4:09-cv-24(DCB)(SAA)
ROBERT STURDIVANT, ET AL.
DEFENDANTS
ORDER
This cause is before the Court sua sponte to address the issue
of Eleventh Amendment immunity.
The issue was raised by the
defendants in their motion for summary judgment, but not addressed
in this Court’s Memorandum Opinion of July 12, 2012.
settled
that
Eleventh
Amendment
immunity
bars
It is well-
damages
against state officials in their official capacities.
claims
Will v.
Michigan Dept. Of State Police, 491 U.S. 58, 67, 71 (1989).
The
plaintiff does not allege any waiver of or exception to the
immunity defense; therefore, Harmon’s claims for damages against
the defendants in their official capacities must be dismissed.
Accordingly,
IT IS HEREBY ORDERED that the plaintiff’s claims for damages
against the defendants in their official capacities are DISMISSED
with prejudice.
SO ORDERED, this the 27th day of July, 2012.
/s/ David Bramlette
UNITED STATES DISTRICT JUDGE
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