Marlow v. Missouri Department of Corrections, et al.

Filing 22

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion to dismiss without prejudice her claims against the Missouri Department of Corrections and Terry Russell [# 19] is GRANTED. IT IS FURTHER ORDERED that defendants' motion to dismiss [# 12] is GRANTED in part as to plaintiff's official capacity claims against defendants Payne, Lewis, and Carr. It is DENIED in all other respects. Signed by District Judge Catherine D. Perry on June 17, 2014. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SHERYL MARLOW,
Plaintiff,
vs.
MISSOURI DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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Case No. 4:13CV2293 CDP

MEMORANDUM AND ORDER
This matter is before me on plaintiff’s motion to dismiss defendants
Missouri Department of Corrections and Terry Russell without prejudice. The
time for response to the motion has passed without opposition, and so the motion
will be granted.
Defendants have also filed a motion to dismiss the official capacity claims
against defendants Stanley Payne, Charles Lewis, and Ronald Carr, and all claims
against the Missouri Department of Corrections and Russell. Although plaintiff
has opposed that motion, plaintiff’s opposition argues that she will be able to prove
liability as to her individual capacity claims against those defendants.
Plaintiff’s complaint asserts both individual and official capacity claims
under 28 U.S.C. Section 1983 against Payne, Lewis, and Carr, and only requests
compensatory and punitive damages. Damages claims are not available against

individual defendants acting in their official capacities. Murphy v. State of Ark., 127
F.3d 750, 754 (8th Cir. 1997) (citing Will v. Michigan Dept. of State Police, 491 U.S.

58 (1989)). Dismissal of the official-capacity claims is therefore appropriate, but
the remainder of the motion is moot.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to dismiss without
prejudice her claims against the Missouri Department of Corrections and Terry
Russell [# 19] is GRANTED.
IT IS FURTHER ORDERED that defendants’ motion to dismiss [# 12] is
GRANTED in part as to plaintiff’s official capacity claims against defendants
Payne, Lewis, and Carr. It is DENIED in all other respects.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 17th day of June, 2014.

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