Roger Alan Connell v. The State of North Carolina

Summary

The United States Magistrate Judge recommends dismissal of Roger Alan Connell’s pro se complaint against the State of North Carolina concerning alleged abuse of power, disability-law violations, excessive fines, race discrimination, and age discrimination arising from traffic infractions and repeated visits to the DMV. The recommendation concludes that the State is immune from suit under the Eleventh Amendment and is not a person subject to liability under 42 U.S.C. § 1983, and grants in forma pauperis status for the limited purpose of considering dismissal.

Holdings

1. The complaint did not state a claim under § 1983 because the State of North Carolina is not a person subject to liability under § 1983.
2. Sovereign immunity barred Connell's claims against the State of North Carolina because the State had not consented to suit and Congress had not validly abrogated its immunity for § 1983 claims.
3. The complaint should be dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim.

Questions Presented

1. Whether the pro se complaint stated a claim for relief under 42 U.S.C. § 1983 against the State of North Carolina.
2. Whether sovereign immunity barred the plaintiff's claims against the State of North Carolina.
3. Whether the complaint should be dismissed during in forma pauperis screening under 28 U.S.C. § 1915(e)(2)(B)(ii).

Disposition

other