NCLN 20, Inc. v. Danzo

Full title: NCLN 20, INC. and STEVE JONES, Plaintiffs, v. VITO DANZO, Assistant…

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Sep 25, 2008

Case No. 5:05-CV-60198 (E.D. Mich. Sep. 25, 2008)

Opinion

Case No. 5:05-CV-60198.

September 25, 2008

ORDER GRANTING DEFENDANTS', STATE OF MICHIGAN, MICHIGAN DEPARTMENT OF STATE POLICE, MICHIGAN DEPARTMENT OF LABOR AND ECONOMIC GROWTH, VITO DANZO, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, MOTION TO DISMISS WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 12(b)(6)

JOHN O'MEARA, District Judge

Before the court are Defendants' motions to dismiss Plaintiffs' claims pursuant to Fed.R.Civ.P. 12(b)(6), filed on June 16, 2008. Plaintiffs have responded in writing to Defendants' motions and Defendants replied. Oral arguments were heard on July 30, 2008.

As stated in the record, the court GRANTS the motion to dismiss filed by Defendants State of Michigan, Department of State Police, Department of Labor and Economic Growth and Vito Danzo, in his official capacity as the Court finds that the Defendants do not constitute a "person" as defined in 42 U.S.C. § 1983 andWill v. Department of State Police, 491 U.S. 58 (1989).

The court also GRANTS Defendant Vito Danzo's motion to dismiss the complaint filed against him in his individual capacity. Plaintiffs have failed to establish that Danzo's conduct or statements resulted in reputational harm that altered a right or status previously recognized by state law, sufficient to create a constitutional procedural due process claim under the "stigma plus" test required by Paul v. Davis, 424 U.S. 693 (1976).

SO ORDERED.