Brownlee v. Perry County Sheriff's Department
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for leave to file an amended complaint [ECF No. 11] is GRANTED. IT IS FURTHER ORDERED that plaintiff's official capacity claims are DISMISSED. Signed by District Judge Stephen N. Limbaugh, Jr on 8/6/2015. (JMC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
PERRY COUNTY SHERIFF’S
DEPARTMENT, et al.,
No. 1:15CV87 SNLJ
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s proposed second amended complaint, which
the Court construes as a motion for leave to file an amended complaint.
The second amended complaint appears to state a claim for relief against the defendants
in their individual capacities. It does not, however, state a claim against defendants in their
Naming a government official in his or her official capacity is the equivalent of naming
the government entity that employs the official. Will v. Michigan Dep’t of State Police, 491 U.S.
58, 71 (1989). To state a claim against a municipality or a government official in his or her
official capacity, plaintiff must allege that a policy or custom of the government entity is
responsible for the alleged constitutional violation. Monell v. Dep’t of Social Services, 436 U.S.
658, 690-91 (1978). The instant complaint does not contain any allegations that a policy or
custom of a government entity was responsible for the alleged violations of plaintiff’s
constitutional rights. As a result, plaintiff’s official capacity claims are dismissed.
IT IS HEREBY ORDERED that plaintiff’s motion for leave to file an amended
complaint [ECF No. 11] is GRANTED.
IT IS FURTHER ORDERED that plaintiff’s official capacity claims are DISMISSED.
Dated this 6th day of August, 2015.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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