O'Donnell et al v. City of Cleveland et al, No. 1:2014cv02612 - Document 51 (N.D. Ohio 2015)

Court Description: Opinion and Order signed by Judge James S. Gwin on 9/30/15 granting the motion for judgment on the pleadings of Defendant Frank G. Jackson. (Related Doc. 26 ) (M,G)

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O'Donnell et al v. City of Cleveland et al Doc. 51 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: ERIN O’DONNELL, et al., : : Plaintiffs, : : v. : : CITY OF CLEVELAND, et al., : : Defendants. : ------------------------------------------------------- CASE NO. 1:14-cv-02612 OPINION & ORDER [Resolving Doc. 26] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Defendant Frank G. Jackson filed a motion for judgment on the pleadings.1/ Plaintiffs O’Donnell et al. sued Mayor Frank G. Jackson only “in his official capacity as Mayor.”2/ Plaintiffs also sued the City of Cleveland and the City of Cleveland remains a Defendant in this case. When a plaintiff sues a government official in his official capacity, courts treat the claim as one against the government entity itself.3/ Because Plaintiffs sued Defendant Jackson in his official capacity as mayor and because the City of Cleveland remains a defendant in this matter, the claims against Defendant Jackson are duplicative of the claims against the City of Cleveland. For the foregoing reasons, the Court GRANTS Defendant Jackson’s motion for judgment 1/ Doc.26. 2/ Doc.1. 3/ Kentucky v. Graham, 473 U.S. 159 (1985). -1- Dockets.Justia.com Case No. 1:14-CV-2612 Gwin, J. on the pleadings. The Court dismisses all of Plaintiffs’ claims against Jackson. IT IS SO ORDERED. s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE Dated: September 30, 2015 -2-

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