Newman v. City of Des Peres et al

Filing 30

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that defendants' Partial Motion to Dismiss 28 is GRANTED. IT IS FURTHER ORDERED that plaintiff Perry Newman's claims against defendants Robert Willoughby, James Crupper, William Maull, and Vicki Servers are dismissed to the extent the claims are brought against these defendants in their official capacities. Signed by District Judge Catherine D. Perry on 3/19/2018. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PERRY NEWMAN,
Plaintiff,
v.
CITY OF DES PERES, et al.,
Defendants.

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No. 4:17 CV 2771 CDP

MEMORANDUM AND ORDER
Plaintiff Perry Newman brings this wrongful death action against the City of
Des Peres and several of its employees under 42 U.S.C. § 1983 and Mo. Rev. Stat. §
537.080, alleging that defendants’ unconstitutional and negligent conduct caused the
death of his daughter while she was in police custody. Newman brings his claims
against the employees in both their individual and official capacities. The claims
brought against the employees in their official capacities, however, are redundant to
the same claims brought against the City of Des Peres. See Veatch v. Bartels
Lutheran Home, 627 F.3d 1254, 1257 (8th Cir. 2010); Roberts v. Dillon, 15 F.3d
113, 115 (8th Cir. 1994). I will therefore grant defendants’ partial motion to
dismiss and dismiss Newman’s claims to the extent they are brought against the
defendant employees in their official capacities.
Accordingly,

IT IS HEREBY ORDERED that defendants’ Partial Motion to Dismiss [28]
is GRANTED.
IT IS FURTHER ORDERED that plaintiff Perry Newman’s claims against
defendants Robert Willoughby, James Crupper, William Maull, and Vicki Servers
are dismissed to the extent the claims are brought against these defendants in their
official capacities.

_________________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 19th day of March, 2018.

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