Opinion
Case No. 2:03-CV-34TC
May 23, 2003
ORDER
This matter is before the court on the Defendants' motion for a partial dismissal and Plaintiff Michael J. Monahan's related motion for discovery. For the reasons set forth at the May 23, 2003 hearing, the motion for a partial dismissal is GRANTED IN PART and DENIED IN PART. Specifically, because the University of Utah is not a "person" who can be sued under 42 U.S.C. § 1983 see Will v. Michigan Department of State Police, 491 U.S. 58, 71 (1989), the motion to dismiss the section 1983 claims against the University of Utah is GRANTED.
The other portions of the motion for partial dismissal are DENIED without prejudice. Mr. Monahan's motion for discovery is DENIED AS MOOT.
IT IS SO ORDERED.