West v. Nye County Detention et al
Filing
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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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