Runkle v. Pancake et al, No. 3:2008cv00188 - Document 101 (W.D. Ky. 2009)

Court Description: MEMORANDUM OPINION by Judge Charles R. Simpson, III on 8/28/2009; re 64 MOTION to Dismiss filed by Commonwealth of Kentucky ; a separate order will be entered in accordance with this opinion.cc:counsel (TLB)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE SHEILA RENEE RUNKLE, Administratrix of the Estate of Robert Earl Runkle, Deceased PLAINTIFF v. CIVIL ACTION NO. 3:08-CV-188-S BECKY W. PANCAKE, et al. DEFENDANTS MEMORANDUM OPINION This matter is before the Court upon the motion of defendant Commonwealth of Kentucky, Department of Corrections ( DOC ) to dismiss the claims filed against it by plaintiff Sheila Renee Runkle, Administratrix of the Estate of Robert Earl Runkle, Deceased ( Runkle ) (DN 64). Runkle did not respond to DOC s motion. DOC is one of several named defendants in the above-styled action involving allegations of inadequate prison medical care. Runkle alleges claims against DOC under 42 U.S.C. § 1983 based on the Eighth Amendment, Kentucky s statutory right for prisoners to have health care, medical negligence, outrage, negligence and wrongful death. Runkle argues that DOC is liable for the acts and/or omissions of its employees under the doctrine of repondeat superior. The Court lacks subject matter jurisdiction over Runkle s claims against DOC, an arm of the Commonwealth of Kentucky,1 by operation of the Eleventh Amendment to the U.S. Constitution. The Eleventh Amendment precludes a State from being sued in federal court absent that State s consent to suit or abrogation by Congressional act pursuant to the exercise of a valid Constitutional power. Welch v. Texas Dept. of Highways and Public. Transp., 483 U.S. 468, 472-474, 107 S. Ct. 1 Exec. Order No. 2004-730 (July 9, 2004); Ky. Rev. Stat. Ann. § 12.250. 2941, 97 L. Ed. 2d. 389 (1987); Mixon v. Ohio, 193 F.3d 389, 397 (6th Cir. 1999). Congress did not intend to abrogate the Eleventh Amendment immunity of the States by the passage of § 1983. Quern v. Jordan, 440 U.S. 332, 338-342, 99 S. Ct. 1139 (1979). Kentucky has not waived its immunity from suit in federal court for claims under § 1983. Accordingly, DOC must be dismissed. A separate order will be entered this date in accordance with this opinion. IT IS SO ORDERED. August 28, 2009

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