G.R., Jr. v. Smith et al

Filing 17

MEMORANDUM AND ORDER re: 7 MOTION to Dismiss Case filed by Defendant Brandon Smith motion is GRANTED. IT IS HEREBY ORDERED that defendant Brandon Smith's motion to dismiss the claim in count I against him in his official capacity (ECF # 7) is GRANTED. Signed by District Judge Stephen N. Limbaugh, Jr on 6/22/15. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
G.R., Jr.,
Plaintiff,
v.
BRANDON SMITH, et al.,
Defendants.

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Case No. 1:15CV67 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on defendant Brandon Smith’s motion to dismiss.
The motion has been fully briefed and the matter is ripe for disposition.
Defendant Smith seeks dismissal under the Eleventh Amendment of the claim in
count I against him in his official capacity. Since plaintiff sued defendant Smith in his
individual and official capacities, Smith argues that the claim must be dismissed against
him in his official capacity because plaintiff is seeking an award of monetary damages.
“Defendant is correct in his argument.” Brown v. Hancock, 4:10CV2045, 2011 WL
4528459, at *2 (E.D. Mo. Sept. 29, 2011). “A suit against a state actor in his official
capacity is ‘tantamount to a lawsuit against the state.’” Id. (citing Kentucky v. Graham,
473 U.S. 159, 165–66 (1985)). “The Eleventh Amendment immunizes the states from
suit, thus, neither a state nor its officials acting in their official capacities are ‘persons’
under § 1983 when sued for damages.” Id. (citing Will v. Michigan Dept. of State Police,
491 U.S. 58, 70–71 (1989)). Plaintiff’s claim against defendant Smith in his official
capacity must be dismissed.

Accordingly,
IT IS HEREBY ORDERED that defendant Brandon Smith’s motion to dismiss
the claim in count I against him in his official capacity (ECF # 7) is GRANTED.
Dated this 22nd day of June, 2015.

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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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