Skyles v. McCoy et al

Filing 32

ORDER -- the Clerk is DIRECTED to terminate Defendants Michael J. McCoy and Matthew Fowler as parties to this action. Signed by Judge Roy B. Dalton, Jr. on 4/17/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JENNIFER SKYLES,
Plaintiff,
v.

Case No. 6:16-cv-1968-Orl-37TBS

MICHAEL J. MCCOY; MATTHEW
FOWLER; and THE CITY OF
ALTAMONTE SPRINGS,
Defendants.
_____________________________________
ORDER
Plaintiff initially filed this civil rights action in state court against: (1) Altamonte
Springs police officer Matthew Fowler (“Officer Fowler”); (2) chief of police for the
Altamonte Springs Police Department, Michael J. McCoy (“Chief McCoy”); and (3) the
City of Altamonte Springs (“the City”). (Doc. 3.) After removing the action to this Court
(Doc. 1), the City moved to dismiss certain counts of the Complaint (Doc. 5 (“Motion to
Dismiss”)). The Court granted the Motion to Dismiss in part on April 7, 2017. (Doc. 27
(“Dismissal Order”).)
Due to confusion created by inconsistent portions of the Complaint, it was unclear
whether Plaintiff intended to sue Chief McCoy and Officer Fowler in their individual
capacities, official capacities, or both. (See Doc. 3, pp. 1, 3.) Additionally, at the time of the
Dismissal Order, only counsel for the City had appeared in this action. Thus, the
Dismissal Order directed Plaintiff to notify the Court as to: (1) whether she had served
-1-

Officer Fowler and Chief McCoy; and (2) how she intended to proceed against these
Defendants. (Doc. 27, pp. 14, 15.) In response, Plaintiff filed a notice indicating that she
had only served process on the City and only intended to pursue this action against
Officer Fowler and Chief McCoy in their official, not individual, capacities. (Doc. 28.)
It is well settled that suits brought under 42 U.S.C. § 1983 against police officers in
their official capacities are, in actuality, “suits directly against the city that the officer
represents.” E.g., Busby v. City of Orlando, 931 F.2d 764, 776 (11th Cir. 1991); Farred v. Hicks,
915 F.2d 1530, 1532 (11th Cir. 1990). Therefore, if Plaintiff intends to pursue her claims
against these officers solely in their official capacities, any amended complaint should be
directed against the City, not Chief McCoy and Officer Fowler.
Accordingly, the Clerk is DIRECTED to terminate Defendants Michael J. McCoy
and Matthew Fowler as parties to this action.
IT IS SO ORDERED.
DONE AND ORDERED in Chambers in Orlando, Florida, on April 17, 2017.

Copies to:
Counsel of Record
-2-

-3-