Vierling et al v. Kline et al

Filing 50

ORDER granting 49 Motion to Dismiss claims against Mike Byrd, Deputy Robert F. Kline, Charles Britt, Christopher Stratton, and Deputy Michael Jimerson in their official capacities. Signed by Chief District Judge Louis Guirola, Jr on 5/23/16 (Whitsitt, K)

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 [49] to Dismiss filed by former Sheriff
Mike Byrd, Deputy Robert F. Kline, Charles Britt, Christopher Stratton, and
Deputy Michael Jimerson in their official capacities. This lawsuit concerns
allegations of violation of constitutional rights and related state law torts arising
from an arrest by Jackson County officers. The moving defendants request
dismissal of the claims against them in their official capacities because they are
nothing more than claims against Jackson County, Mississippi. The plaintiffs did
not file a response to the Motion, and the time for doing so has passed.
“[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 former Sheriff Mike Byrd,
Deputy Robert F. Kline, Charles Britt, Christopher Stratton, and Deputy Michael
Jimerson 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 [49] to
Dismiss filed by former Sheriff Mike Byrd, Deputy Robert F. Kline, Charles Britt,
Christopher Stratton, and Deputy Michael Jimerson, in their official capacities, is
GRANTED.
SO ORDERED AND ADJUDGED this the 23rd day of May 2016.
s\

Louis Guirola, Jr.

Louis Guirola, Jr.
Chief U.S. District Judge

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