Lesley v. Teague et al
Filing
44
OPINION MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to update the docket sheet [ECF No. 41 ] is GRANTED.IT IS FURTHER ORDERED the Clerk is directed to terminate Jane Does 2-7 and to add defendants Stacy Mosley, Kala Hunt er, Mary Mills, and Jeremy Trustee to the docket sheet.IT IS FURTHER ORDERED that defendants Stacy Mosley, Kala Hunter, Mary Mills, and Jeremy Trustee are DISMISSED without prejudice.An Order of Partial Dismissal will be filed separately., Stacy Mosley, Kala Hunter, Mary Mills and Jeremy Trustee added. Jane Does 2-7 terminated.. Signed by District Judge Henry Edward Autrey on 01/20/2016. (CLK)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
RICHARD W. LESLEY,
Plaintiff,
v.
UNKNOWN TEAGUE, et al.,
Defendants,
)
)
)
)
)
)
)
)
)
No. 2:15CV59 HEA
OPINION, MEMORANDUM AND ORDER
Plaintiff moves the Court to update the docket sheet to replace the Jane Doe defendants
with their full names. These defendants are Stacy Mosley, Kala Hunter, Mary Mills, and Jeremy
Trustee. The motion is granted.
In his complaint, plaintiff alleges that he was pepper sprayed by a correctional officer and
was not allowed to wash for four days. Plaintiff’s claim against Mosley, Hunter, Mills, and
Trustee is that they ignored his requests for medical aid during those four days. However, he has
not made specific factual allegations that would allow the Court to determine which defendant or
defendants violated his rights. This is impermissible. The complaint must state how each
individual defendant contributed to the constitutional violation. See Ashcroft v. Iqbal, 556 U.S.
662, 676 (2009) (“Because vicarious liability is inapplicable to Bivens and § 1983 suits, a
plaintiff must plead that each Government-official defendant, through the official’s own
individual actions, has violated the Constitution.”). As a result, the complaint fails to state a
claim upon which relief can be granted as to each of these defendants, and they must be
dismissed under 28 U.S.C. § 1915(e).
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to update the docket sheet [ECF No.
41] is GRANTED.
IT IS FURTHER ORDERED the Clerk is directed to terminate Jane Does 2-7 and to
add defendants Stacy Mosley, Kala Hunter, Mary Mills, and Jeremy Trustee to the docket sheet.
IT IS FURTHER ORDERED that defendants Stacy Mosley, Kala Hunter, Mary Mills,
and Jeremy Trustee are DISMISSED without prejudice.
An Order of Partial Dismissal will be filed separately.
Dated this 20th day of January, 2016.
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?