Belton v. Golden et al

Filing 15

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that defendants' motion to dismiss [ECF No. 11 ] is GRANTED. IT IS FURTHER ORDERED that plaintiffs official-capacity claims are DISMISSED. Signed by District Judge Ronnie L. White on 8/12/2015. (NEB)

UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

DONALD BELTON,

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Plaintiff,
v.

DANIEL GOLDEN, et al.,
Defendants,

No. 4:15CV819 RLW

MEMORANDUM AND ORDER

In this action under 42 U.S.C. § 1983, defendants move to dismiss plaintiffs claims
against them in their official capacities. The motion is granted.
Plaintiff alleged that defendants, who are correctional officers at the Eastern Reception
Diagnostic and Correctional center, used excessive force against him. He sued defendants in
both their individual and official capacities.
Naming a government official in his or her official capacity is the equivalent of naming
the government entity that employs the official, in this case the State of Missouri.

Will v.

Michigan Dept of State Police, 491 U.S. 58, 71 (1989). " [N]either a State nor its officials acting
in their official capacity are 'persons' under § 1983 ." Id. As a result, the complaint fails to state
a claim against defendants in their official capacities. Therefore, the motion is granted.
According! y,
IT IS HEREBY ORDERED that defendants' motion to dismiss [ECF No. 11] is
GRANTED .
IT IS FURTHER ORDERED that plaintiffs official-capacity claims are DISMISSED.

IT IS FURTHER ORDERED that the Clerk is directed to update the docket sheet to
reflect that "Unkno~~~den" is Daniel Golden.
Dated

this~·day of August, 2015.

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~NNIE
L. WHITE
UNITED STATES DISTRICT JUDGE

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