Gibbs v. City of New Madrid et al
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff shall file a Third Amended Complaint consistent with this Memorandum and Order no later than July 24, 2017. Failure to comply with this Order may result in dismissal without further proceedings. Amended/Supplemental Pleadings due by 7/24/2017. Signed by District Judge Ronnie L. White on 7/10/2017. (JMC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
GARRY D. GIBBS,
CITY OF NEW MADRID, et al. ,
No. 1:15CV88 RLW
MEMORANDUM AND ORDER
This matter is before the Court on pro se Plaintiffs Amended Complaint (ECF No. 49).
The Amended Complaint, which raises claims under 42 U.S.C. § 1983, adds Missouri State
Troopers D.L. DeJournett and C.L. Purnellff, 1 who were previously unknown to Plaintiff.
The Court notes that the Amended Complaint seeks monetary damages against these
officers, as well as Officers Ricky Rhoades, Dave Simmons, and Anthony Roberts, in their
official, not individual, capacities. However, Plaintiff "cannot pursue damages claims against
state employees in their official capacities." Roberts v. Lombardi, 512 Fed. App 'x 645, 647 (8th
Cir. 2013); see also Will v. Mich. Dep 't of State Police, 491 U.S. 58, 71 & n. 10 (1989) (state
officials acting in their official capacities are not persons under § 1983 in a suit for damages).
Therefore, the Court will order the Plaintiff to file a Third Amended Complaint2 naming
Defendants Rhoades, Simmons, Roberts, DeJournett, and Purnell in their individual capacities.
The letter attached to Plaintiffs Amended Complaint indicates that the correct spelling of this
Officer' s last name is "Purnell." (ECF No. 33-1)
The record shows that Plaintiff fi led his original Complaint on May 20, 2015 and a First
Amended Complaint on March 24, 2017. The Court granted Plaintiff leave to file a Second
Amended Complaint, which was filed on July 7, 2017. (ECF Nos. 1, 13, 49)
IT IS HEREBY ORDERED that Plaintiff shall file a Third Amended Complaint
consistent with this Memorandum and Order no later than July 24, 2017. Failure to comply with
this Order may result in dismissal without further proceedings.
Dated this 10th day of July, 2017.
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE
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