O'Donnell v. City of Cleveland

Full title: ERIN O'DONNELL, et al., Plaintiffs, v. CITY OF CLEVELAND, et al.…

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

Date published: Sep 30, 2015

CASE NO. 1:14-cv-02612 (N.D. Ohio Sep. 30, 2015)

Opinion

CASE NO. 1:14-cv-02612

09-30-2015

ERIN O'DONNELL, et al., Plaintiffs, v. CITY OF CLEVELAND, et al., Defendants.

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE

OPINION & ORDER
[Resolving Doc. 26]
:

Defendant Frank G. Jackson filed a motion for judgment on the pleadings.¹ Plaintiffs O'Donnell et al. sued Mayor Frank G. Jackson only "in his official capacity as Mayor."² Plaintiffs also sued the City of Cleveland and the City of Cleveland remains a Defendant in this case.

1 Doc.26.

2 Doc.1.

When a plaintiff sues a government official in his official capacity, courts treat the claim as one against the government entity itself.³

3 Kentucky v . Graham, 473 U.S. 159 (1985). --------

Because Plaintiffs sued Defendant Jackson in his official capacity as mayor and because the City of Cleveland remains a defendant in this matter, the claims against Defendant Jackson are duplicative of the claims against the City of Cleveland.

For the foregoing reasons, the Court GRANTS Defendant Jackson's motion for judgment on the pleadings. The Court dismisses all of Plaintiffs' claims against Jackson.

IT IS SO ORDERED. Dated: September 30, 2015

s/ James S. Gwin

JAMES S. GWIN

UNITED STATES DISTRICT JUDGE