Pasley et al v. Justus et al

Filing 52

ORDER denying 49 Motion to Substitute Party. Signed by Judge Staci M. Yandle on 9-22-14. (cmh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SUNTEZ PASLEY, et al.,
Plaintiffs,
vs.

Case No. 14-cv-505-SMY-PMF

MERLE JUSTUS, et al.,
Defendant.

MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Pasley’s motion to substitute party (Doc.
49). For the following reasons, the Court denies the motion.
1. Background
The plaintiff filed a prisoner civil rights action and listed as a defendant Merle Justus, who is
deceased. (Doc. 2). Because the plaintiff is seeking damages, the action against Merle
Justus was in his individual capacity. The plaintiff has now filed a motion with the court to
substitute a new defendant, Major Philip McLaren, in place of the deceased Merle Justus.

2. Analysis
Should an official die pending final resolution of a personal-capacity action, the plaintiff
would have to pursue his action against the decedent's estate; in an official-capacity action in
federal court, death or replacement of the named official will result in automatic substitution of
the official's successor in office. See Fed.Rule Civ.Proc. 25(d)(1); Kentucky v. Graham, 473 U.S.
159, 166 (1985). If officials are sued in their official capacities, the court is limited to issuing an
order for injunctive relief; it cannot award money damages. MSA Realty Corp. v. State of Ill., 990

F.2d 288, 291 (7th Cir. 1993). Damages are available only to plaintiffs suing state officials in
their personal capacities. Graham, 473 U.S. at 165–66.
In the case at bar, the plaintiff is seeking monetary damages. (Doc. 2). This indicates to the
Court that the suit is brought against the defendant in his personal capacity. Therefore, the
plaintiff is limited to pursuing the action against the defendant’s estate. Furthermore, even if the
action were to be construed as one against the defendant in his official capacity, the official’s
successor would be automatically substituted. In neither scenario would the substitution of Major
Philip McLaren for the deceased party be appropriate.
Conclusion
Accordingly, the Court DENIES the plaintiff’s motion (Doc. 49).
IT IS SO ORDERED.
DATED: September 22, 2014
/s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE

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