West v. Nye County Detention et al

Filing 18

ORDER that 14 Motion for Reconsideration is DENIED. FURTHER ORDERED that the clerk shall STRIKE 15 Amended Complaint. Signed by Judge Andrew P. Gordon on 4/28/14. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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HYRUM JOSEPH WEST,

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Plaintiff,

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vs.

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Case No. 2:13-cv-00271-APG-VCF

NYE COUNTY, et al.,

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ORDER

Defendants.

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The court denied plaintiff’s motion for leave to file an amendment adding defendants (#12)

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because he did not comply with this court’s Local Rule 15-1(a), which requires that a motion for

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leave to file an amended complaint be accompanied by the proposed amended complaint. Order

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(#13). Plaintiff has filed a motion for reconsideration (#14). Also on the docket is an amended

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complaint (#15). The defendants that plaintiff has added are county commissioners of Nye County,

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sued in their official capacities and individual capacities. To the extent that he tries to sue the

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commissioners in their official capacities, the amendment would be redundant, because an official-

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capacity claim against a person is the same as suing the entity that employs that person, and

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plaintiff already is suing Nye County. See Kentucky v. Graham, 473 U.S. 159, 165 (1984). To the

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extent that he is trying to sue the commissioners in their individual capacities, he does not allege the

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necessary personal knowledge or involvement on the part of the commissioners; the commissioners

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cannot be liable personally simply because they were the county commissioners at the time. See

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Hansen v. Black, 885 F.2d 642, 646 (9th Cir. 1989). Indeed, plaintiff does not mention the

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commissioners at all in the body of the complaint. Consequently, amendment of the complaint

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would be futile. The court denies the motion and strikes the amended complaint (#15).

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IT IS THEREFORE ORDERED that plaintiff’s motion for reconsideration (#14) is
DENIED.
IT IS FURTHER ORDERED that the clerk of the court shall STRIKE the amended
complaint (#15).
Dated: April 28, 2014.
DATED:

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_________________________________
ANDREW P. GORDON
United States District Judge

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