Jackie Johnson v. Terry Burton

U.S. Court of Appeals for the Eighth Circuit
Jackie Johnson v. Terry Burton, 574 F. App'x 745 (8th Cir. 2014)
Bye, Kelly, Per Curiam, Smith

Jackie Johnson v. Terry Burton

Opinion

PER CURIAM.

Jackie Johnson appeals the district court’s 1 Federal Rule of Civil Procedure 12(b)(6) dismissal of his civil complaint, in which he claimed violations of his Fourth and Eighth Amendment rights. Upon careful de novo review, we conclude that the district court did not err in dismissing Johnson’s claims, which we agree were asserted against the named defendant in his official capacity only, and were thus barred by the Eleventh Amendment. See Minn. Majority v. Mansky, 708 F.3d 1051, 1055 (8th Cir.) (de novo review of Rule 12(b)(6) dismissal), cert. denied, — U.S. -, 134 S.Ct. 824, - L.Ed.2d - (2013); Reynolds v. Dormire, 636 F.3d 976, 981 (8th Cir. 2011) (official-capacity damages claims are barred by Eleventh Amendment); Baker v. Chisom, 501 F.3d 920, 923-24 (8th Cir. 2007) (if complaint is silent about capacity in which defendant is sued, district court interprets complaint as including only official-capacity claims). Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Brian S. Miller, Chief Judge, United States District Court for the Eastern District of Arkansas.

Reference

Full Case Name
Jackie D. JOHNSON, Plaintiff-Appellant v. Terry BURTON, Arkansas State Police Badge # 312, Defendant-Appellee
Status
Unpublished