O'Donnell et al v. City of Cleveland et al

Filing 51

Opinion and Order signed by Judge James S. Gwin on 9/30/15 granting the motion for judgment on the pleadings of Defendant Frank G. Jackson. (Related Doc. 26 ) (M,G)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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ERIN O’DONNELL, et al.,
:
:
Plaintiffs,
:
:
v.
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CITY OF CLEVELAND, et al.,
:
:
Defendants.
:
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CASE NO. 1:14-cv-02612

OPINION & ORDER
[Resolving Doc. 26]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
Defendant Frank G. Jackson filed a motion for judgment on the pleadings.1/ Plaintiffs
O’Donnell et al. sued Mayor Frank G. Jackson only “in his official capacity as Mayor.”2/ Plaintiffs
also sued the City of Cleveland and the City of Cleveland remains a Defendant in this case.
When a plaintiff sues a government official in his official capacity, courts treat the claim as
one against the government entity itself.3/
Because Plaintiffs sued Defendant Jackson in his official capacity as mayor and because the
City of Cleveland remains a defendant in this matter, the claims against Defendant Jackson are
duplicative of the claims against the City of Cleveland.
For the foregoing reasons, the Court GRANTS Defendant Jackson’s motion for judgment

1/

Doc.26.

2/

Doc.1.

3/

Kentucky v. Graham, 473 U.S. 159 (1985).

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Case No. 1:14-CV-2612
Gwin, J.
on the pleadings. The Court dismisses all of Plaintiffs’ claims against Jackson.
IT IS SO ORDERED.

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

Dated: September 30, 2015

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