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WINTERS v. MOWERY

No. IP 91-919 C.

884 F.Supp. 321 (1995)

Nancy WINTERS, Deborah Morris, and Betty Wadlington, individually and as representatives of all similarly situated individuals, Plaintiffs, v. Faye MOWERY, individually and in her official capacity as Marion County Clerk; the United States of America; and Marion County, Indiana, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

April 19, 1995.

Attorney(s) appearing for the Case

Richard A. Waples, Stephen Laudig, Indianapolis, IN, for plaintiff.

Andrew P. Wirick, Hume Smith Geddes & Green, Winfield Ong, Asst. U.S. Atty., Brian W. Welch, Robert B. Scott, McHale Cook & Welch, Indianapolis, IN, for defendants.

BARKER, Chief Judge.

Plaintiffs move this Court to reconsider its previous decision dismissing the official capacity claims against Defendant Faye Mowery ("Mowery") on Eleventh Amendment grounds. For the reasons stated below, we grant Plaintiffs' motion but do not assess additional monetary damages against Mowery.

I. DISCUSSION

A. Eleventh Amendment Immunity

In its previous entry of November 4, 1993, the Court held that Defendant Faye Mowery...

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