Opinion
Civil Action No: 00-1939, SECTION: "R" (1).
October 12, 2000.
ORDER AND REASONS
Before the Court is defendant State of Louisiana's unopposed motion to dismiss plaintiff Robert Russell Manley's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the Court dismisses plaintiff's complaint pursuant to Rule 12(b)(1).
Plaintiff Robert Russell Manley filed this action against, amongst others, the State of Louisiana. He asserts violations of his due process rights and a claim for medical indifference while in the custody of the Orleans Parish Prison. The State of Louisiana argues that plaintiff's claims against it are barred by the Eleventh Amendment. The Court agrees.
"The Eleventh Amendment is rooted in the principle, imprecisely stated in its text but implicit in the federal structure of the Constitution, that the federal courts do not have jurisdiction to hear suits brought by private individuals against nonconsenting States." Kazrnier v. Widmann, 2000 WL 1210502 (5th Cir. Aug. 25, 2000) (citing Kimel v. Florida Bd. of Regents, __ U.S.___, 120 S.Ct. 631, 640 (2000) ("[T]he Constitution does not provide for federal jurisdiction over suits against nonconsenting States.")). See U.S. CONST. amend. XI. See also Reich v. Collins, 513 U.S. 106, 115 S.Ct. 547 (1994) (noting that Eleventh Amendment barred due process claim against state sovereign in federal court). As sovereign immunity deprives this court of jurisdiction, "the claims barred by sovereign immunity can be dismissed only under Rule 12(b)(1) and not with prejudice." Warnock v. Pecos County, Texas, 88 F.3d 341, 343 (5th Cir. 1996). See also United States v. Texas Tech Univ., 171 F.3d 279, 285 n. 9 (5th Cir. 1999) ("[O]ur court has repeatedly referred to the Eleventh Amendment's restriction in terms of subject matter jurisdiction."). The State of Louisiana neither waived nor consented to this Court's jurisdiction, and there is no suggestion that Congress expressly abrogated the State's immunity in this suit. Therefore, the Court dismisses Plaintiff's complaint against the State of Louisiana pursuant to Rule 12(b)(1).