Watkins
Watkins v. California Dept. of Corrections
Opinion
Opinion
Stotler, J.
AMENDED ORDER: (1) REMANDING CLAIMS 1, 3, 4, 5, AND 6 OF FIRST AMENDED COMPLAINT TO STATE COURT; (2) DISMISSING CLAIM 2 OF FIRST AMENDED COMPLAINT WITH PREJUDICE, AS ASSERTED AGAINST INDIVIDUAL DEFENDANTS
I.
SUMMARY
The Court concludes that the Eleventh Amendment will not permit Claims 1, 3, 4, 5, and 6 of the First Amended Complaint (“FAC”) to be brought in federal court either against the California Department of Corrections (“CDC”) or against the individual defendants in their official capacities. Moreover, the Court declines to exercise supplemental jurisdiction over those claims as they relate to the individual defendants in their personal capacities. Accordingly, Claims 1, 3, 4, 5, and 6 of the FAC are remanded to state court.
In addition, the Court concludes that Claim 2 of the FAC should be dismissed with prejudice as against the individual defendants. The Court retains jurisdiction over Claim 2 against the CDC only.
II.
FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff Larry Watkins is an African American man who has been employed in the Parole and Community Services Division of the CDC since July, 1986. On November 19, 1998, he filed a complaint in Los Angeles County.…