Slater v. Susquehanna County

1 Citing case

  1. Yarnall v. Phila. Sch. Dist.

    CIVIL ACTION NO. 11-3130 (E.D. Pa. Oct. 4, 2013)

    Finally, Plaintiffs request that the claims against Defendant Gilbert, in his official capacity, be reinstated. As Defendants note, as a general matter, "because an official capacity suit against an employee of a [governmental agency] is the same as a suit against the [governmental agency] itself, when both a [governmental agency] and its employee are sued, the suit against the employee in his official capacity is dismissed." Slater v. Susquehanna County, No. 07-2304, 2008 WL 2779302, at *4 (M.D. Pa. July 14, 2008) (citing Poli v. SEPTA, No. 97-6766, 1998 WL 405052, at *12 (E.D. Pa. July 7, 1998). Accordingly, dismissal was proper and the Motion is denied, as is the request that such a dismissal be without prejudice.