Automated Summary
Key Facts
Plaintiff Dontonio King, a self-represented litigant held at Snake River Correctional Institution, filed a 42 U.S.C. § 1983 civil rights action against Superintendent Jaimie Miller and the Oregon Department of Corrections (ODOC), alleging improper processing of his legal mail violated his constitutional rights. The Court granted ODOC's Motion for Judgment on the Pleadings based on sovereign immunity, dismissing Plaintiff's claims against ODOC with prejudice under the Eleventh Amendment, as Oregon has not waived immunity to suit in federal court.
Issues
Whether the State of Oregon has waived its sovereign immunity from suit in federal court under 42 U.S.C. § 1983. The court addresses whether the Oregon Department of Corrections can be sued in federal court given that the State of Oregon has not consented to be sued in federal court and the Oregon Tort Claims Act does not waive immunity for federal court suits.
Holdings
The Court grants the Motion for Judgment on the Pleadings and dismisses Plaintiff Dontonio King's claims against the Oregon Department of Corrections with prejudice, holding that the Eleventh Amendment bars the suit as the State of Oregon has not consented to be sued in federal court.
Remedies
The Court granted the Motion for Judgment on the Pleadings and dismissed Plaintiff's claims against ODOC with prejudice. The court certified that any appeal would not be taken in good faith.
Legal Principles
The Court granted ODOC's Motion for Judgment on the Pleadings and dismissed Plaintiff's claims against the Oregon Department of Corrections with prejudice. The dismissal was based on the Eleventh Amendment, which bars suit in federal court against a state or state agency absent a clear and unequivocal waiver of sovereign immunity. Since the State of Oregon has not consented to be sued in federal court, the Plaintiff's claims against ODOC are barred by sovereign immunity.
Precedent Name
- Nelson v. City of Irvine
- Gregg v. Haw., Dep't of Pub. Safety
- Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc.
- Welch v. Tex. Dep't of Highways and Pub. Transp.
- UMG Recordings, Inc. v. Shelter Cap. Partners LLC
- Webber v. First Student, Inc.
Cited Statute
- Federal Rule of Civil Procedure 12(c)
- 42 U.S.C. § 1983 civil rights provision
- 28 U.S.C. 1915(a)(3)
- FED. R. APP. P. 24(a)(3)(A)
- Federal Rule of Civil Procedure 12(b)(6)
Judge Name
Michael J. McShane
Passage Text
- [J]udgment on the pleadings is properly granted when, 'taking all the allegations in the pleadings as true, the moving party is entitled to judgment as a matter of law.'
- The Court GRANTS the Motion for Judgment on the Pleadings (ECF No. 21) and DISMISSES Plaintiff's claims against ODOC, with prejudice.
- The Eleventh Amendment bars suit in federal court against either a state or an agency acting under its control absent a clear and unequivocal waiver. Plaintiff raises claims against ODOC, a state agency, but the State of Oregon has not consented to be sued in federal court.