UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO
February 6, 2012
ROLAND HALL, PLAINTIFF,
IDAHO DEPARTMENT OF FISH AND GAME; RICK BOGAR, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES; AND, ROBERT SOUMAS, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES, DEFENDANTS.
The opinion of the court was delivered by: B. Lynn Winmill Chief Judge United States District Court
MEMORANDUM DECISION AND ORDER
Before the Court is Defendants Idaho Department of Fish and Game, Rick Bogar, and Robert Soumas's Motion to Dismiss (Dkt. 4). The Court has reviewed the record and determined that oral argument will not aid the decisional process. For the reasons set forth below, the Court will grant Defendants' Motion.
Plaintiff Roland Hall has sued both the Idaho Department of Fish and Game, as well as its two employees, Rick Bogar and Robert Soumas, both in their official and individual capacities. Defendants argue that the Eleventh Amendment bars all 42 U.S.C. § 1983 claims against the Department and Bogar and Soumas in their official capacities. The Court agrees. The U.S. Supreme Court held in Will v. Michigan Department of State Police, 491 U.S. 58 (1989) that the Eleventh Amendment bars § 1983 suits against a state and its employees in their official capacities. The Court will therefore grant Defendants' request to dismiss the Section 1983 claims against the Department and Bogar and Soumas in their official capacities. The claims against Bogar and Soumas in their individual capacities shall remain.*fn1
ORDER IT IS ORDERED that Defendants' Motion to Dismiss (Dkt. 4) is GRANTED.