McAllister v. Boyd et al

Filing 18

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to amend the complaint [Doc. # 14 ] is granted. IT IS FURTHER ORDERED that plaintiff's official capacity claims against defendants Eddie Boyd and Robert Dean are dismissed without prejudice. See 28 U.S.C. § 1915(e)(2)(B). IT IS FURTHER ORDERED that the motion of defendant Dean for an extension of time to file a responsive pleading [Doc. # 17 ] is granted. The defendant shall have until May 9, 2014 to file an answer or other responsive pleading.. Signed by District Judge Carol E. Jackson on 4/9/14. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
EUGENE MCALLISTER,

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Plaintiff,

ROBERT DEAN., et al.,
Defendants,

No. 4:13CV2492 CEJ

MEMORANDUM AND ORDER
Before the Court is plaintiff’s motion to amend his complaint to show that he suffered
“more than a de minimis injury.” Plaintiff will be allowed to amend his complaint at this time.
However, after reviewing the amended the complaint, pursuant to 28 U.S.C. § 1915, the Court
will once again dismiss plaintiff’s official capacity claims against defendant police officers Eddie
Boyd and Robert Dean, because the amended complaint does not contain any allegations that a
policy or custom of a municipality was responsible for the alleged violations of plaintiff’s
constitutional rights. See Monell v. Department of Social Services, 436 U.S. 658, 690-91 (1978).
Also before the Court is defendant Dean’s motion for additional time to file a responsive
pleading. That motion will be granted.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to amend the complaint [Doc. #14]
is granted.
IT IS FURTHER ORDERED that plaintiff’s official capacity claims against defendants
Eddie Boyd and Robert Dean are dismissed without prejudice. See 28 U.S.C. § 1915(e)(2)(B).

IT IS FURTHER ORDERED that the motion of defendant Dean for an extension of
time to file a responsive pleading [Doc. #17] is granted. The defendant shall have until May 9,
2014 to file an answer or other responsive pleading.
Dated this 9th day of April, 2014.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

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