Rouse v. Washington State Department of Corrections

Full title: CALVIN ROUSE (A.K.A.) ABDUR RASHID KHALIF, Plaintiff, v. WASHINGTON STATE…

Court: United States District Court, W.D. Washington, at Tacoma

Date published: Apr 14, 2009

Case No. C08-5620FDB (W.D. Wash. Apr. 14, 2009)

Opinion

Case No. C08-5620FDB.

April 14, 2009

ORDER ADOPTING REPORT AND RECOMMENDATION.

FRANKLIN BURGESS, District Judge

The Court, having reviewed, the Report and Recommendation of Magistrate Judge J. Kelley Arnold, objections to the report and recommendation, if any, and the remaining record, does hereby find and ORDER:

(1) The Court adopts the Report and Recommendation;

(2) The motion is GRANTED as to the Department of Corrections because the Department is not a person for purposes of 42 U.S.C. § 1983. The Eleventh Amendment also precludes the action against the Department. This is DISMISSAL WITH PREJUDICE.

(3) Defendant Eldon Vails' Motion to Dismiss on Eleventh Amendment grounds is DENIED. As Secretary for the Department of Corrections, he is the proper defendant for an action seeking injunctive relief regarding the implementation of DOC policy 400.280.

(4) The Motion to Dismiss claims for nominal damages is GRANTED. Plaintiff failed to pled facts showing what, if any, action the named defendants played in the alleged constitutional deprivations. This is DISMISSAL WITH PREJUDICE.

The Clerk is directed to send copies of this Order to plaintiff, counsel for defendants, and to the Hon. J. Kelley Arnold.