Hoffman v. DeWitt County

OPINION

SUE E. MYERSCOUGH, United States District Judge:

Before the Court is Defendants’ Motion to Dismiss Plaintiffs Amended Complaint Pursuant to Rule 12(b)(6) (d/e 14). Defendant’s Motion to Dismiss is GRANTED IN PART and DENIED IN PART. (1) Plaintiff Terry Hoffman’s Complaint plausibly alleges a prima facie case for First Amendment retaliation; (2) Hoffman cannot sue State’s Attorney Dan Markwell in his official capacity for civil damages because of Markwell’s Eleventh Amendment immunity; (3) Markwell does not have qualified immunity in his individual capacity because clearly established in…