Opinion
CAUSE NO. 1:15CV243-LG-RHW
11-18-2015
KERRI L. VIERLING and LARRY M. VIERLING PLAINTIFFS v. JACKSON COUNTY, MISSISSIPPI, ET AL. DEFENDANTS
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS
BEFORE THE COURT is the Motion [10] to Dismiss filed by Defendants Deputy Robert F. Kline, former Sheriff Mike Byrd, and former Sheriff Charles Britt, in their official capacities as officials of Jackson County, Mississippi. These defendants argue that claims against them in their official capacities are indistinguishable from the claims against Jackson County. Accordingly, they request dismissal of the official capacity claims. There has been no response filed to the Motion.
"[A]n official-capacity suit is, in all respects other than name, to be treated as a suit against the entity. It is not a suit against the official personally, for the real party in interest is the entity." Kentucky v. Graham, 473 U.S. 159, 166 (1985) (internal citation omitted). Jackson County, "the real party in interest," is before the Court. Id. Plaintiffs' official capacity claims against Kline, Byrd and Britt are thus "duplicative or redundant" and subject to dismissal. Pride v. City of Biloxi, No. 1:10cv100, 2011 WL 5835109, at *5 (S.D. Miss. Nov. 21, 2011) (citations omitted), aff'd, 552 F. App'x 334 (5th Cir. 2014).
IT IS THEREFORE ORDERED AND ADJUDGED that the Motion [10] to Dismiss filed by Defendants Deputy Robert F. Kline, Mike Byrd, and Charles Britt is GRANTED. Plaintiffs' claims against these Defendants in their official capacities are dismissed.
SO ORDERED AND ADJUDGED this the 18th day of November, 2015.
/s/_________
LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE