Notice: Seventh Circuit Rule 53(b)(2) States Unpublished Orders Shall Not Be Cited or Used As Precedent Except to Support a Claim of Res Judicata, Collateral Estoppel or Law of the Case in Any Federal Court Within the Circuit.dale Hylok, Plaintiff-appellant, v. Walter Dickey, Defendant-appellee, 989 F.2d 502 (7th Cir. 1993)

ORDER

Dale Hylok, a Wisconsin state prisoner, brought this civil rights action against Walter Dickey, formerly the Administrator of the Division of Corrections, Wisconsin Department of Health and Human Services, alleging that his Fourteenth Amendment right to due process was violated when he served two years and nine months for a two-year sentence, and seeking compensatory and punitive damages. The district court granted summary judgment in favor of Dickey, and this appeal followed.

Hylok failed to state whether Dickey was sued in an official or personal capacity, a prerequisite to an action under 42 U.S.C. § 1983. Hill v. Shelander, 924 F.2d 1370, 1372 (7th Cir. 1991). If, as it appears from his appellate brief, Hylock intended an official capacity suit, Dickey is immune from liability under the Eleventh Amendment. Hafer v. Melo, 112 S. Ct. 358, 361-62 (1991). But if Hylok intended a personal capacity suit, his complaint does not allege that Dickey played a personal role in the alleged constitutional violation. Rascon v. Hardiman, 803 F.2d 269, 273 (7th Cir. 1986). There is no derivative liability under § 1983. Pacelli v. deVito, 972 F.2d 871, 878 (7th Cir. 1992).

AFFIRMED.