Ramsey v. St. Charles County et al

Filing 5

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiff's counsel shall file an amended complaint within twenty (20) days from the date of this Order, stating whether Plaintiff is suing the defendants in their official capacity, individual capacity, or both individual and official capacities. IT IS FURTHER ORDERED that the failure to file an amended complaint in accordance with the Court's instructions will result in the dismissal of this action, without prejudice and without further notice. Response to Court due by 7/8/2015. Signed by District Judge John A. Ross on 6/18/15. (KXS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

PATSHA RAMSEY,
Plaintiff,
v.
ST. CHARLES COUNTY, et al.,
Defendants.

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No. 4:15-CV-776-JAR

MEMORANDUM AND ORDER
This matter is before the Court on review of the record and the complaint (Doc. No. 1)
under 28 U.S.C. § 1915A. Plaintiff asserts violations of both her Constitutional rights and state
law; however, she has failed to state the capacity in which she is suing defendants (i.e., official
capacity, individual capacity, or both). The Court will, therefore, grant Plaintiff’s counsel leave
to amend the complaint to state the capacity (i.e., official capacity, individual capacity, or both
individual and official capacities) in which Plaintiff is suing each of the named defendants. See
Alexander v. Hedback, 718 F.3d 762, 766 n.4 (8th Cir. 2013) (to sue a state actor in his or her
individual capacity, "a plaintiff must expressly and unambiguously state so in the pleadings,
otherwise, it will be assumed that the defendant is sued only in his or her official capacity").
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s counsel shall file an amended complaint
within twenty (20) days from the date of this Order, stating whether Plaintiff is suing the
defendants in their official capacity, individual capacity, or both individual and official
capacities.

IT IS FURTHER ORDERED that the failure to file an amended complaint in
accordance with the Court's instructions will result in the dismissal of this action, without
prejudice and without further notice.

Dated this 18th day of June, 2015.

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JOHN A. ROSS
UNITED STATES DISTRICT JUDGE