Ashton v. Moire et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Diego A. Ashton,
Plaintiff,
vs.
Christ Momale Moire and
Rhet Volk,
Defendants.
Civil No.: 1:24-cv-00193
ORDER ADOPTING REPORT AND RECOMMENDATION
[¶ 1] 	THIS MATTER comes before this Court on a Report and Recommendation filed by
United States Magistrate Judge Clare R. Hochhalter on December 11, 2024. Doc. No. 10. After
conducting an initial review of the complaint pursuant to 28 U.S.C. § 1915A and Local Rule
72.1(B)(5), Magistrate Judge Hochhalter recommends Plaintiff’s claims against the Defendants
under 42 U.S.C. § 1983 in their official capacity be dismissed.
[¶ 2] 	The Plaintiff filed an objection to the Recommendation to dismiss his claims against the
Defendants in their official capacities, arguing qualified immunity does not apply in this case. Doc.
No. 13. The recommendation to dismiss the official capacity claims was not grounded in qualified
immunity. Rather, it was based on sovereign immunity because the Defendants are state employees
and North Dakota has not waived its sovereign immunity for claims brought under 42 U.S.C. §
1983. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 66, 71 (1989) (holding the Eleventh
Amendment bars claims brought under Section 1983 absent a waiver of sovereign immunity and
that states and their agencies are not “persons” under Section 1983 and, thus, not amenable to suit);
N.D.C.C. § 32-12.2-10 (preserving North Dakota’s Eleventh Amendment immunity). Importantly,
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however, the Report and Recommendation preserves the Plaintiff’s claims against the Defendants
in their individual capacities.
[¶ 3] 	Therefore, the Court has reviewed the Report and Recommendation and the entire record
in this case, including the Plaintiff’s Objection. The Court finds the Report and Recommendation
persuasive. Accordingly, the Court ADOPTS the Report and Recommendation in its entirety. The
Plaintiff’s claims against the Defendants in their official capacity are, therefore, DISMISSED.
[¶ 4] 	IT IS SO ORDERED.
Dated December 30, 2024.
Daniel M. Traynor, Judge
United States District Court
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