Brown v. Morgan et al

Filing 35

ORDER signed by Magistrate Judge Theresa L Fricke Substituting Parties re 32 Motion to Substitute. Steve Sinclair is substituted for defendants Bernard Warner and Eldon Vail as an official capacity defendant in plaintiff's Second Amended Complaint, for purposes of injunctive and declaratory relief only. **2 PAGE(S), PRINT ALL**(Gregory Brown, Prisoner ID: 281829)(GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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GREGORY TYREE BROWN,
Case No. C16-5975 RBL-TLF

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Plaintiff,
ORDER GRANTING MOTION TO
SUBSTITUTE PARTIES

v.
RICHARD MORGAN,
Defendants.

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Plaintiff has filed a motion to substitute parties. Dkt. 32. Plaintiff seeks to substitute the

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Steve Sinclair, the current Secretary of the Washington State Department of Corrections, in his

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official capacity, for claims brought in the Second Amended Complaint against defendants

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Bernard Warner and Eldon Vail in their official capacities.

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State officials sued in their official capacities are persons for purposes of § 1983, but only

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for purposes of injunctive or declaratory relief. Will v. Mich. Dep’t of State Police, 491 U.S. 58,

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71 n.10. The Second Amended Complaint seeks declaratory and injunctive relief, as well as

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damages. Dkt. 14 at 4. The proper defendant in an official capacity claim is the current occupant

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of the office. Fed. R. Civ. P. 25(d). A former officer’s successor is automatically substituted, but

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later proceedings “should be in the substituted party’s name.” Id. The court “may order

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substitution at any time[.]” Id. It is therefore appropriate to substitute the current Secretary for

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purposes of plaintiff’s official capacity claims.

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ORDER SUBSTITUTING PARTIES-1

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It is therefore Ordered:

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(1)

Steve Sinclair is substituted for defendants Bernard Warner and Eldon Vail as an
official capacity defendant in plaintiff’s Second Amended Complaint, for
purposes of injunctive and declaratory relief only; and

(2)

The Clerk shall provide a copy of this Order to plaintiff and shall include it with
the service of the Second Amended Complaint on defendants.

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Dated this 10th day of September, 2018.

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A

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Theresa L. Fricke
United States Magistrate Judge

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ORDER SUBSTITUTING PARTIES-2