Rodgers Patrick v. Martin et al

Filing 279

ORDER denying 236 MOTION for Judgment on the Pleadings filed by State of Texas; adopting Report and Recommendations re 266 Findings and Recommendations on Case. (Ordered by Judge Sidney A Fitzwater on 8/17/2018) (Judge Sidney A Fitzwater)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
AMARILLO DIVISION
GWENDOLYN DOLORES RODGERS
PATRICK, Individually and on behalf
of the Estate of ALTON RODGERS
deceased,
Plaintiffs,
v.
BARRY MARTIN, et al.,
Defendants.

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2:16-CV-216-D

ORDER
After making an independent review of the pleadings, files, and records in this case, the June
29, 2018 findings, conclusions, and recommendation of the magistrate judge, and the July 13, 2018
objections of defendant State of Texas, the court concludes that the magistrate judge’s findings and
conclusions are correct. Accordingly, the recommendation of the magistrate judge is adopted, and
the January 25, 2018 motion of defendant State of Texas for judgment on the pleadings is denied.
In denying the motion, the court does not suggest that the State of Texas is foreclosed at a
later procedural stage from establishing that plaintiffs’ claims against it are entirely duplicative of
their official capacity claims and that the State should therefore be dismissed as a defendant. It is
clearly established that a suit against a government official in his or her official capacity is “only
another way of pleading an action against an entity of which [the official] is an agent.” Monell v.
Dep’t of Soc. Servs. of N.Y., 436 U.S. 658, 690 n.55 (1978). “As long as the government entity
receives notice and an opportunity to respond, an official-capacity suit is . . . treated as a suit against

the entity.” Kentucky v. Graham, 473 U.S. 159, 166 (1985).
SO ORDERED.
August 17, 2018.

_________________________________
SIDNEY A. FITZWATER
UNITED STATES DISTRICT JUDGE