United States Court of Appeals, Fourth Circuit
United States Court of Appeals, Fourth Circuit
3d 1467
Appeal from the United States District Court for the Eastern District of
Virginia, at Richmond. Robert R. Merhige, Jr., Senior District Judge.
(CA-93-186-R)
Woodrow Wilson Miles, Appellant Pro Se. Robert William Jaspen,
OFFICE OF THE UNITED STATES ATTORNEY, Richmond, VA, for
appellee.
Before WILKINS and NIEMEYER, Circuit Judges, and BUTZNER,
Senior Circuit Judge.
PER CURIAM:
Appellant appeals from the district court's order denying relief on his 42 U.S.C.
Sec. 1983 (1988) complaint. Our review of the record and the district court's
opinion discloses that this appeal is without merit. Accordingly, we affirm. *
Miles v. Pendell, No. CA-93-186-R (E.D. Va. June 21, 1994). We dispense
with oral argument because the facts and legal contentions are adequately
presented in the materials before the Court and argument would not aid the
decisional process.
AFFIRMED.
The district court properly dismissed the claims against Appellee in his
individual capacity as barred by qualified immunity. Collinson v. Gott, 895
F.2d 994, 998 (4th Cir.1990). Although the district court did not apply the
correct standard in dismissing the claims against Appellee in his official
capacity, the error was harmless because suits for damages against federal
officials in their official capacities are barred by sovereign immunity.
Hagemeier v. Block, 806 F.2d 197, 202 (8th Cir.1986), cert. denied, 481 U.S.
1054 (1987); Gilbert v. DaGrossa, 756 F.2d 1455, 1458 (9th Cir.1985)