From Casetext: Smarter Legal Research

Gingras v. Wood

United States Court of Appeals, Eighth Circuit
Sep 24, 2008
294 F. App'x 241 (8th Cir. 2008)

Opinion

No. 07-2493.

Submitted: September 18, 2008.

Filed: September 24, 2008.

Appeal from the United States District Court for the District of South Dakota.

David A. Gingras, Springfield, SD, pro se.

Warden-SD, Springfield, SD, for Appellant.

Donald P. Knudsen, James S. Nelson, Gunderson Palmer, Timothy J. Becker, Gerald D. Johnson I, Banks Johnson, Rapid City, SD, Neil Fulton, May Adam, Pierre, SD, for Appellees.

Before MURPHY, BYE, and BENTON, Circuit Judges.


[UNPUBLISHED]


David Gingras appeals the district court's adverse grant of summary judgment in his 42 U.S.C. § 1983 action. We agree with the district court that, because Gingras's complaint was silent as to the capacity in which he was suing defendants, his complaint was properly construed as asserting only official-capacity claims, see Baker v. Chisom, 501 F.3d 920, 923 (8th Cir. 2007) (noting that if plaintiffs complaint is silent about capacity in which he is suing defendant, court interprets complaint as including only official-capacity claims), and, as such, those claims failed, see Robb v. Hungerbeeler; 370 F.3d 735, 739 (8th Cir. 2004) (official-capacity suit is treated as suit against entity); Ware v. Jackson County, Mo., 150 F.3d 873, 880 (8th Cir. 1998) (plaintiff may establish municipal liability under § 1983 by proving his constitutional rights were violated by action pursuant to policy or by misconduct so pervasive as to constitute custom); Morstad v. Dep't of Con: and Rehab., 147 F.3d 741, 743 (8th Cir. 1998) (Eleventh Amendment bars suit against state or state officials acting in official capacities). Accordingly, we affirm. See 8th Cir. R. 47B.

The Honorable Karen E. Schreier, Chief Judge, United States District Court for the District of South Dakota.


Summaries of

Gingras v. Wood

United States Court of Appeals, Eighth Circuit
Sep 24, 2008
294 F. App'x 241 (8th Cir. 2008)
Case details for

Gingras v. Wood

Case Details

Full title:David A. GINGRAS, Appellant, v. Kraig WOOD; Tony Harrison; Mark Black…

Court:United States Court of Appeals, Eighth Circuit

Date published: Sep 24, 2008

Citations

294 F. App'x 241 (8th Cir. 2008)

Citing Cases

Van Leeuwen v. Roberson

The Court notes that if a complaint is silent about the capacity in which the plaintiff is suing a defendant,…

Canady v. Internal Revenue Serv.

This rule also applies to pro se complaints. Gingras v. Wood, 294 F. App'x. 241, 241-42 (8th Cir. 2008).…