Endicott v. Hurley et al

Filing 15

OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs official-Capacity claims are DISMISSED. IT IS FURTHER ORDERED that the Clerk shall reinstate all of the defendants named in the amended complaint. IT IS FURTHER ORDERED that the Clerk shall issue process or cause process to issue on each of the named defendants. Signed by District Judge Henry Edward Autrey on 2/27/15. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
FRANKLIN G. ENDICOTT,
Plaintiff,
v.
JAMES HURLEY, et al.,
Defendants,

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No. 2:14CV107 DDN

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s first amended complaint. Having
reviewed the complaint, the Court finds that it survives frivolity review as to each of the
named defendants in their individual capacities. Therefore, the Court will direct the
Clerk to reinstate the defendants named in the amended complaint.
Naming a government official in his or her official capacity is the equivalent of
naming the government entity that employs the official, in this case the State of Missouri.
Will v. Michigan Dep=t of State Police, 491 U.S. 58, 71 (1989). A[N]either a State nor its
officials acting in their official capacity are >persons= under ' 1983.@ Id. As a result, the
complaint fails to state a claim upon which relief can be granted against defendants in
their official capacities.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s official-capacity claims are
DISMISSED.

IT IS FURTHER ORDERED that the Clerk shall reinstate all of the defendants
named in the amended complaint.
IT IS FURTHER ORDERED that the Clerk shall issue process or cause process
to issue on each of the named defendants.1
Dated this 27th Day of February, 2015.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

1

A waiver letter has already been sent regarding defendant Larry Allen. Defendants Pasha
Allen, Dr. Cabrera, and Corizon, Inc., should be served according to the Court’s agreement with
Corizon.
2