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White v. James

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


March 26, 2007

WILLIAM D. WHITE, PLAINTIFF,
v.
JOSEPH JAMES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Arthur J. Schwab United States District Judge

ELECTRONICALLY FILED

Order of Court

And now, this 26th day of March, 2007, upon consideration of the motion to dismiss filed by defendant, Rebecca J. Planisek (doc. no 23), said Motion is hereby DENIED because defendant Planisek has not been sued in her individual, but rather her official capacity as the ADA Coordinator. See Miller v. King, 384 F.3d 1248 (11th Cir. 2004) (suit against state official in his/her official capacity is in effect against a "public entity" since real party in interest is the government entity).

20070326

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