Noting Appellate Opinion (i.e., as a Matter of Law)...
As to the
claims against Stines in his official capacity as the Letcher County sheriff, these claims are treated as claims against the county. Official-capacity suits are simply "another way of pleading an action against an entity of which an officer is an agent." Kentucky v. Graham, 473 U.S. 159, 166 (1985). In her complaint, Congleton does not mention any unconstitutional county custom or policy, which is necessary for municipal liability under § 1983.
Monell v.
Department of Social Services,
436 U.S. 658, 690-91 (1978);
Fox v.
Van Oosterum,
176 F.3d 342, 348 (6th Cir. 1999). Congleton does not address the official-capacity claim at all in her response to Stines' motion for summary judgment. Thus, this claim must be dismissed as a matter of law.
Congleton v. Stines, CIVIL ACTION NO. 7:19-20-KKC, 12 (E.D. Ky. Jun. 11, 2020)
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