Estate of McKeev.Texas Departent of Criminal Justice

United States District Court, N.D. Texas, Wichita Falls DivisionApr 12, 2005
Civil Action No. 7:03-CV-259-R (N.D. Tex. Apr. 12, 2005)

Civil Action No. 7:03-CV-259-R.

April 12, 2005


MEMORANDUM OPINION AND ORDER


JERRY BUCHMEYER, District Judge

Now before the Court is Defendant Texas Department of Criminal Justice's Second Motion to Dismiss for Lack of Subject Matter Jurisdiction (filed December 9, 2004). For the reasons discussed below, Defendant Texas Department of Criminal Justice's Second Motion to Dismiss is GRANTED.

This Court does not have jurisdiction to hear Plaintiff's claims against the Texas Department of Criminal Justice ("TDCJ"). The TDCJ is not a "person" subject to suit under 42 U.S.C. § 1983. Will v. Michigan Dep't of State Police, 491 U.S. 58, 71 (1989). The United States Supreme Court in Will held that "neither a State nor its officials acting in their official capacities are `persons' under § 1983." Id. In fact, the Southern District of Texas has held that TDCJ specifically, "cannot be held liable under 42 U.S.C. § 1983." Hockaday v. Texas Dep't of Criminal Justice, Pardons and Parole Div., 914 F.Supp 1439, 1444-1445 (S.D. Tex 1996). It is therefore,

ORDERED that Defendant TDCJ's Second Motion to Dismiss is GRANTED. It is further, ORDERED that Plaintiff's claims against TDCJ are hereby DISMISSED WITH PREJUDICE.

It is so ORDERED.