Vierling et al v. Kline et al

Filing 13

ORDER granting 10 Motion to Dismiss. Ordered that the Plaintiff's claims against these Defendants in their official capacities are dismissed. Signed by Chief District Judge Louis Guirola, Jr on 11/18/2015. (JCH)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
KERRI L. VIERLING and LARRY M. VIERLING
v.

PLAINTIFFS

CAUSE NO. 1:15CV243-LG-RHW

JACKSON COUNTY, MISSISSIPPI, ET AL.

DEFENDANTS

MEMORANDUM OPINION AND ORDER
GRANTING MOTION TO DISMISS
BEFORE THE COURT is the Motion [10] to Dismiss filed by Defendants
Deputy Robert F. Kline, former Sheriff Mike Byrd, and former Sheriff Charles Britt,
in their official capacities as officials of Jackson County, Mississippi. These
defendants argue that claims against them in their official capacities are
indistinguishable from the claims against Jackson County. Accordingly, they
request dismissal of the official capacity claims. There has been no response filed to
the Motion.
“[A]n official-capacity suit is, in all respects other than name, to be treated as
a suit against the entity. It is not a suit against the official personally, for the real
party in interest is the entity.” Kentucky v. Graham, 473 U.S. 159, 166 (1985)
(internal citation omitted). Jackson County, “the real party in interest,” is before
the Court. Id. Plaintiffs’ official capacity claims against Kline, Byrd and Britt are
thus “duplicative or redundant” and subject to dismissal. Pride v. City of Biloxi, No.
1:10cv100, 2011 WL 5835109, at *5 (S.D. Miss. Nov. 21, 2011) (citations omitted),
aff’d, 552 F. App’x 334 (5th Cir. 2014).
IT IS THEREFORE ORDERED AND ADJUDGED that the Motion [10] to

Dismiss filed by Defendants Deputy Robert F. Kline, Mike Byrd, and Charles Britt
is GRANTED. Plaintiffs’ claims against these Defendants in their official
capacities are dismissed.
SO ORDERED AND ADJUDGED this the 18th day of November, 2015.

s/

Louis Guirola, Jr.

LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE

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