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)

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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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