Elbert v. Kansas City, Missouri, City of et al

Filing 216

ORDER denying 102 plaintiff's motion to join parties without prejudice if good cause appears. The clerk of the court is directed to mail a copy of this order by regular mail and certified mail, return receipt to plaintiff at: 5005 Olive Street, Kansas City, MO 64130. Signed on 03/21/13 by District Judge Howard F. Sachs. (Duer, Tina)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
RICHARD M. ELBERT
Plaintiff,
v.
CITY OF KANSAS CITY, MISSOURI,
et al.,
Defendants.

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Case No. 11-0428-CV-W-HFS

ORDER
Plaintiff seeks to join as parties various named members of the Board of Police
Commissioners, as well as their Secretary-Attorney (Doc. 102). This motion tacitly concedes
plaintiff=s error in naming the Board as such, which is the target of one point in a motion to dismiss
(Doc. 87). The Board will be dismissed in due course, but consideration is here given to joining the
members. This case is complicated enough without burdening it with unnecessary parties. Plaintiff
suggests no plausible basis for alleging Board policy or a Board deficiency of legal significance
that would create liability outside the nine individual Police Department actors already in the case.
It will be time enough, once good cause appears, to join members of the Board, and conceivably
their attorney. 1
The motion to join parties (Doc. 102) is DENIED, without prejudice to renewal if good
cause appears. The clerk of the court is directed to mail a copy of this order by regular mail and

1

I do note that David Kenner is a former law clerk from an early period of my judgeship. I
have no reason to believe he will become a figure of contention in the case. If he does, recusal will
be considered.

certified mail, return receipt to plaintiff at:
5005 Olive Street
Kansas City, Missouri 64130

/s/ Howard F. Sachs
HOWARD F. SACHS
UNITED STATES DISTRICT JUDGE

March

21

, 2013

Kansas City, Missouri