Johnson v. Burton 574 F. App'x 745

PER CURIAM.

Jackie Johnson appeals the district court’s1 Federal Rule of Civil Procedure 12(b)(6) dismissal of his civil complaint, in which he claimed violations of his Fourth and Eighth Amendment rights. Upon careful de novo review, we conclude that the district court did not err in dismissing Johnson’s claims, which we agree were asserted against the named defendant in his official capacity only, and were thus barred by the Eleventh Amendment. See Minn. Majority v. Mansky, 708 F.3d 1051, 1055 (8th Cir.) (de novo review of Rule 12(b)(6) dismissal), cert. denied, — U.S. -, 134 S.Ct. 824, - L.Ed.2d - (2013); Reynolds v. Dormire, 636 F.3d 976, 981 (8th Cir.2011) (official-capacity damages claims are barred by Eleventh Amendment); Baker v. Chisom, 501 F.3d 920, 923-24 (8th Cir.2007) (if complaint is silent about capacity in which defendant is sued, district court interprets complaint as including only official-capacity claims). Accordingly, we affirm. See 8th Cir. R. 47B.