El-Bey et al v. Jenkins et al (1:22-cv-00682-DDD-MDB)

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Maritza Dominguez Braswell on February 23, 2023. For the reasons set forth herein, this Court respectfully RECOMMENDS that the "El Paso County Defendant's [sic] Motion to Dismiss for Failure to State a Claim of Action Upon Which Relief Can Be Granted and for Lack of Jurisdiction" (Doc. No. (Document 9) ) be GRANTED in part, and DENIED in part. More specifically: (1) Plaintiffs' claims against Defendant State of Colora do should be dismissed without prejudice as barred by the Eleventh Amendment. (2) Plaintiffs' claims for monetary damages against Defendants April Jenkins, Leanna Lambdin, Lara Y. Nafziger, and Cassandra Tesik, in their official capacities, shou ld also be dismissed without prejudice as barred by the Eleventh Amendment. (3) Plaintiffs' remaining claims for declaratory and injunctive relief should be dismissed without prejudice, pursuant to the Younger abstention doctrine. (4) The Motion should be denied in all other respects. (5) The remainder of this matter, consisting of Plaintiffs' claims for monetary damages against Defendant El Paso County, and against Defendants April Jenkins, Melanie E. Gavisk, Leanna Lambdin, Lara Y. Nafziger, and Cassandra Tesik, in their individual capacities, should be administratively closed, subject to reopening for good cause after resolution of the underlying state court proceedings. (csarr, )