Collins (ID 79661) v. Bebb et al

Filing 72

MEMORANDUM AND ORDER granting 52 Defendant's Motion to Dismiss for Failure to State a Claim; granting 53 MOTION to Dismiss Defendant Nelson Mosley. Defendant Nelson Mosley is dismissed from this action. Signed by District Judge Carlos Murguia on 10/11/2018. Mailed to pro se party Jeremy Lee Collins by regular mail. (ydm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JEREMY LEE COLLINS,
Plaintiff,
v.

Case No. 17-3050-CM

ALEX BEBB, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the court on defendant Nelson Mosley’s Motion to Dismiss (Doc. 52)
and pro se plaintiff Jeremy Lee Collins’s Motion to Dismiss Defendant Nelson Mosley (Doc. 53).
Plaintiff brings this action against various individuals from the Wichita Police Department including
defendant—who at the time was the chief of police—claiming violations of his constitutional rights
under 42 U.S.C. § 1983. Plaintiff claims he was assaulted and harassed during an unlawful arrest. His
specific claims against defendant are for a failure to supervise police personnel.
Defendant moved to dismiss the second amended complaint, arguing primarily that plaintiff
failed to state a claim because he did not allege any personal involvement by defendant during the
incident. Plaintiff then filed his motion to dismiss defendant, stating “[t]herefore, under ‘Respondiat
[sic] Superior’ . . . the defendant was not directly involved, for this reason the Plaintiff wishes to dismiss
this defendant from this action.” (Doc. 53.)
With both parties in agreement that plaintiff failed to state a claim against defendant, the court
will grant both motions and dismiss defendant from the action.

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IT IS THEREFORE ORDERED that defendant Nelson Mosley’s Motion to Dismiss (Doc. 52)
and plaintiff’s Motion to Dismiss Defendant Nelson Mosley (Doc. 53) are granted. Defendant Nelson
Mosley is dismissed from this action.

Dated October 11, 2018, at Kansas City, Kansas.

s/ Carlos Murguia
CARLOS MURGUIA
United States District Judge

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