Summary
barring state law claims against state employees in their official capacity pursuant to the Eleventh Amendment
Summary of this case from Ernst v. HinchliffOpinion
No. 14-2175
11-03-2014
Benjamin Mario Soto Plaintiff - Appellant v. Minnesota Bureau of Criminal Apprehension Defendant - Appellee U.S. Equal Employment Opportunity Commission Defendant John Does 1-5, each individually and in their official capacities as officials and employees of the Minnesota Bureau of Criminal Apprehension Defendants - Appellees
Appeal from United States District Court for the District of Minnesota - Minneapolis [Unpublished] Before COLLOTON, BOWMAN, and SHEPHERD, Circuit Judges. PER CURIAM.
Benjamin Soto appeals the district court's dismissal of his 42 U.S.C. § 1983 action. Upon careful review, we conclude that the district court did not err in dismissing Soto's claims. See Palmer v. Ill. Farmers Ins. Co., 666 F.3d 1081, 1083 (8th Cir. 2012) (de novo review of grant of motion to dismiss); Mulvenon v. Greenwood, 643 F.3d 653, 657 (8th Cir. 2011) (person must have legitimate claim of entitlement to his employment to have property interest in it). In addition, to the extent Soto attempts to assert on appeal a claim under the Americans with Disabilities Act, we decline to consider it. See Topchian v. JPMorgan Chase Bank, N.A., 760 F.3d 843, 849 (2014) (appellate court does not address legal or factual claims presented for first time on appeal).
The Honorable Donovan W. Frank, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Steven E. Rau, United States Magistrate Judge for the District of Minnesota.
Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Soto's pending motions.