Opinion
No. CIV-S-07-1046 GEB GGH PS.
August 28, 2007
ORDER
On August 2, 2007, plaintiff filed a proposed second amended complaint adding High Desert State Prison as a defendant, and made a separate request for leave to add the prison as the fourth defendant in this action. Both requests will be denied.
As a state governmental entity, or "arm of the state," High Desert State Prison is not a person for purposes of 42 U.S.C. § 1983. Will v. Michigan Department of State Police, 491 U.S. 58, 68, 109 S.Ct. 2304, 2311, 105 L.Ed.2d 45 (1989). Thus, plaintiff's civil rights claims are barred against this state agency by the Eleventh Amendment to the U.S. Constitution. See, e.g., Romano v. Bible, 169 F.3d 1182, 1185 (9th Cir. 1999) (citing Pennhurst v. Halderman, 465 U.S. 89, 100, 104 S. Ct. 900 (1984) ("The Eleventh Amendment bars suits against the State or its agencies for all types of relief, absent unequivocal consent by the state").
Accordingly, plaintiff's request filed August 2, 2007, for further amendment of the complaint is DENIED; the operative complaint shall remain the amended complaint filed July 12, 2007. Additionally, plaintiff's request filed August 2, 2007, that High Dessert [sic] State Prison be added as the fourth defendant in this action is DENIED.
So ordered.