Opinion
Case No. 2:01-CV-899TS
August 20, 2003
ORDER GRANTING STATE DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS
This matter is before the court on the Motion for Judgment on the Pleadings filed by Defendants Richard Clasby, Ricky Brown, Wade Cook and LaMar Roberts, collectively the State Defendants. The Motion for Judgment was filed on June 24, 2003. The State Defendant's filed a Request for Ruling on August 1, 2003. Plaintiff has not filed a response to the Motion or the Request for Ruling.
The State Defendants move for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(b)(6).
A motion for judgment on the pleadings under Rule 12(c) is treated as a motion to dismiss under Rule 12(b)(6). Mock v. T.G. Y. Stores Co., 971 F.2d 522, 528 (10th Cir. 1992). . . . We uphold a dismissal under Rule 12(b)(6) "only when it appears that the plaintiff can prove no set of facts in support of the claims that would entitle the plaintiff to relief." Mock, 971 F.2d at 529. We likewise "accept the well-pleaded allegations of the complaint as true and construe them in the light most favorable to the non-moving party." Realmonte, 169 F.3d at 1283; accord Mock, 971 F.2d at 529.Atlantic Richfield v. Farm Credit Bank of Witchita, 226 F.3d 1138, 1148 (10th Cir 2000)
Plaintiff's claim alleges a violation of the Fourteenth Amendment's substantive due process guarantees to safe inmate working conditions. The State Defendants move for judgment on the pleadings because Plaintiff does not state a viable constitutional claim and he fails to allege an affirmative link between each defendant and the alleged constitutional violation.
The court, having reviewed the Motion and upon its own review of the pleadings and the applicable case law, agrees that Plaintiff fails to allege an affirmative link between the conduct of each of the State Defendants and the alleged constitutional violation, Snell v. Tunnell, 920 F.2d 673, 700 (10th Cir. 1990). It is therefore
ORDERED that the Motion for Judgment on the Pleadings filed by Defendants, Richard Clasby, Ricky Brown, Wade Cook and LaMar Roberts is GRANTED and judgment shall be entered in favor of said Defendants on all of Plaintiffs claims against them. It is further ORDERED that as all claims against the State of Utah and the Utah Department of Corrections and the individual defendants in their official capacity were dismissed on September 5, 2002, on the basis of Eleventh Amendment immunity, there are no remaining claims and this case can be closed.
JUDGMENT IN A CIVIL CASE
This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
IT IS ORDERED AND ADJUDGED
that as all claims against the State of Utah and the Utah Department of Corrections and the individual defendants in their official capacity were dismissed on September 5, 2002 on the basis of Eleventh Amendment immunity, there are no remaining claims.