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Parker v. Mississippi Department of Public Safety

United States District Court, N.D. Mississippi, Aberdeen Division

July 23, 2015

RICK PARKER, Plaintiff,


SHARION AYCOCK, District Judge.

Presently before the Court is Defendants' uncontested Motion to Dismiss [11] Plaintiff's claims against Mississippi Department of Public Safety and Donnell Berry, in his official and individual capacities. Upon due consideration of the complaint, motion, responses, rules, and authorities, the Court finds as follows:

Factual and Procedural Background

In June of 2013, Plaintiff Rick Parker was stopped at a roadblock in Itawamba County, Mississippi by Mississippi Highway Patrol ("MHP") Troopers Justin Rollins and Josh Boyd. Upon command, Plaintiff exited the vehicle and was allegedly forced to the ground without justification or provocation. Troopers Boyd and Rollins allegedly used excessive force, causing injury to Plaintiff's person. Plaintiff was subsequently charged with driving under the influence, littering, resisting arrest, and failing to provide proof of insurance. Thereafter, the proof of insurance claim was dismissed, and Plaintiff was found not guilty of all other charges.

The claims asserted against Defendants MDPS and Colonel Berry, Director of the MHP, are pursuant to 42 U.S.C. Section 1983. Plaintiff also asserts causes of action for assault, battery, false arrest, and false imprisonment against all Defendants. Plaintiff seeks to hold Colonel Berry vicariously liable for the alleged actions of Troopers Rollins and Boyd. Plaintiff also alleges that Colonel Berry failed to adequately supervise and/or train Rollins and Boyd regarding proper policies as to investigations and use of force.

MDPS and Colonel Berry present this motion to pursuant Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss for a failure to state a claim upon which relief can be granted. Plaintiff's counsel has written the Court, stating that Plaintiff has no opposition to the dismissal of MDPS and Colonel Berry in all capacities.


To survive a Rule 12(b)(6) motion to dismiss, a plaintiff must plead "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 554, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). A claim has "facial plausibility" when the factual allegations "allow[] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). "[T]he tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions." Id., 129 S.Ct. 1937. Legal conclusions are defined as "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements...." Twombly, 550 U.S. at 555, 127 S.Ct. 1955. "Nor does a complaint suffice if it tenders naked assertion[s]' devoid of further factual enhancement.'" Id. at 557, 127 S.Ct. 1955. However, a court must accept all well-pleaded allegations as true and construe those allegations in the light most favorable to the non-moving party. Rozenwig v. Azurix Corp., 332 F.3d 854, 865 (5th Cir. 2003).

Plaintiff's ยง 1983 Claims Against MDPS

The Eleventh Amendment provides as follows:

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

U.S. CONST. amend. XI. Though the text of the Eleventh Amendment only refers to suits against a state by citizens of another state, the Supreme Court has made it clear that a State's immunity encompasses suits commenced by its own citizens. Board of Trustees of the Univ. of Alabama v. Garrett, 531 U.S. 356, 363, 121 S.Ct. 955, 148 L.Ed.2d 866 (2001).

It is well established that MDPS is an arm of the state entitled to Eleventh Amendment immunity. Brown v. Simpson, No. 4:08CV117-P-S, 2009 WL 2449898, at * 1 n. 1 (N.D. Miss. Aug. 7, 2009) (finding that "there is no question that the [MDPS] is an arm of the State"). Furthermore, since the MHP is a division of MDPS, it is also an arm of the state. King v. Miss. Highway Patrol, 827 F.Supp. 402, 403-34 (S.D.Miss. 1993) (finding that the MHP was an arm of the state ...

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