Walter Codd v. Robert Brown, Jr. William Grant and Lorna Elkins

KENNEDY, Circuit Judge.

Plaintiff-appellant Walter Codd appeals the District Court’s order granting the defendants summary judgment on plaintiff’s action under 42 U.S.C. § 1983. The District Court concluded that, under the law of this Circuit, Codd, a state prisoner, was effectively suing the defendants in their official capacity, and therefore the suit was barred by the Eleventh Amendment. Upon a review of the record, we do not reach the District Court’s Eleventh Amendment analysis, but affirm the dismissal for failure to establish a constitutional violation.

I

While serving a life sentence,…