Laumann v. Slater et al
Filing
71
MEMORANDUM DECISION and Order-granting in part 28 Motion for Summary Judgment. Specifically, Defendants motion is granted with respect to all claims brought against Weber County and against Sergeant Chad Slater in his official capacity, Deputy Isa ac Herrera in his official capacity, Deputy Corey Stark in his official capacity, Corporal Anna Covington in her official capacity, John Doe I in his official capacity and John Doe II in his official capacity. Signed by Judge Clark Waddoups on 6/5/12. (jmr)
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, NORTHERN DIVISION
JOSHUA LAUMANN,
MEMORANDUM DECISION
AND ORDER
Plaintiff,
v.
Case No. 1:09-cv-0138-CW
CHAD SLATER, et al.,
Judge Clark Waddoups
Defendants.
INTRODUCTION
Before the court is Defendants’ motion for summary judgment in which they argue, inter
alia, that Plaintiff has failed to show the necessary prerequisites to sustain claims brought against
Weber County and against Sergeant Chad Slater in his official capacity, Deputy Isaac Herrera in his
official capacity, Deputy Corey Stark in his official capacity, Corporal Anna Covington in her
official capacity, John Doe I in his official capacity and John Doe II in his official capacity
(collectively referred to herein as “official capacity defendants”).
(Dkt. No. 28.)
The court
addressed a majority of the arguments made in Defendants’ motion in an order dated June 1, 2012.
(Dkt. No. 70.) Defendants’ arguments relating to claims brought against Weber County and the
official capacity defendants, however, were not addressed in the previous order. For the reasons
stated below, and based on the stipulation of the Plaintiff, the court now grants Defendants’ motion
for summary judgment with respect to the claims made against Weber County and the official
capacity defendants.
ANALYSIS
In his memorandum opposing Defendants’ motion for summary judgment, Plaintiff
conceded that he was unlikely to prevail on his claim against Weber County and stipulated to the
dismissal of that claim. Mem. Opp. Mot. For Summ. J. 9 (Dkt. No. 40.) The court will therefore
grant Defendants’ motion for summary judgment with respect to the claim brought against Weber
County. Plaintiff has not addressed, however, the status of claims brought against the official
capacity defendants.
A suit brought against a government officer in his or her “official capacity” is equivalent to
a suit brought against the entity of which the officer is an agent. McMillan v. Monroe County,
Alabama, 520 U.S. 781, 785 n.2 (1997). See also Kentucky v. Graham, 473 U.S. 159, 165-66
(1985) (“Official-capacity suits . . . generally represent only another way of pleading an action
against an entity of which an officer is an agent.”) (internal quotation marks and citation omitted);
Moss v. Kopp, 559 F.3d 1155, 1168 (10th Cir. 2009). Under similar reasoning, the Supreme Court
has stated that “[t]here is no longer a need to bring official-capacity actions against local
government officials, for . . . local government units can be sued directly for damages and
injunctive or declaratory relief.” Graham, 473 U.S. at 167 n.14.
Because Plaintiff has conceded that it is unlikely to succeed on his claim against Weber
County, the entity of which the official capacity defendants are agents, the court must also conclude
that such a claim cannot be sustained against the official capacity defendants either. The court will
therefore grant Defendants’ summary judgment motion with respect to all claims brought against
the official capacity defendants. This order has no impact on Plaintiff’s claims brought against the
defendants in their individual capacities, which were addressed in the June 1, 2012 order.
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CONCLUSION
For the reasons stated herein, Defendants’ motion for summary judgment (Dkt. No. 28) is
GRANTED IN PART. Specifically, Defendants’ motion is granted with respect to all claims
brought against Weber County and against Sergeant Chad Slater in his official capacity, Deputy
Isaac Herrera in his official capacity, Deputy Corey Stark in his official capacity, Corporal Anna
Covington in her official capacity, John Doe I in his official capacity and John Doe II in his official
capacity.
DATED this 5th day of June, 2012.
BY THE COURT:
_________________________________
Clark Waddoups
United States District Judge
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