U.S. Court of Appeals for the Eighth Circuit, 2006

Anthony Wyatt Graves v. North Dakota State

Anthony Wyatt Graves v. North Dakota State
U.S. Court of Appeals for the Eighth Circuit · Decided May 17, 2006 · Melloy, Fagg, Benton
179 F. App'x 399

Anthony Wyatt Graves v. North Dakota State

Opinion

[UNPUBLISHED]

PER CURIAM.

Anthony Graves appeals the district court’s 1 dismissal of his 42 U.S.C. § 1983 complaint against the North Dakota State Penitentiary (NDSP). We hold that dismissal was proper regarding the claims for damages because NDSP has Eleventh Amendment immunity from suit. See P.R. Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 144, 113 S.Ct. 684, 121 L.Ed.2d 605 (1993). Regarding the claims for injunctive relief, we reach the merits and summarily affirm the judgment of the district court. See Eighth Cir. Rule 47A(a).

1

. The Honorable Daniel L. Hovland, Chief Judge, United States District Court for the District of North Dakota.

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