McMillian v. White

Filing 19

ORDER denying 18 Motion for Reconsideration. Signed by District Judge Louise Wood Flanagan on 11/27/2018. (A copy of this Order was sent via US mail to Ann Marie McMillian, 3220 Buffaloe Rd., Raleigh, NC 27604.) (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:17-CV-498-FL
ANN MARIE MCMILLIAN,
Plaintiff,
v.
OFFICER H.L. WHITE, in his individual
and official capacity,
Defendant.

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ORDER

This matter is before the court on plaintiff’s motion (DE 18) for reconsideration of the
court’s October 29, 2018, order. Plaintiff argues that the court’s dismissal of plaintiff’s claims
against defendant in his official capacity was in error because plaintiff alleged defendant acted on
behalf of the Raleigh Police Department. Such allegation is not sufficient to plead a claim against
the defendant in his official capacity. Rather, to plead such a claim, a plaintiff must allege that the
individual officer’s actions were taken pursuant to an official policy or custom of the agency.
Monell v. Department of Social Services of New York, 436 U.S. 658, 690-92 (1978). Plaintiff has
not pleaded facts supporting such a claim in this case. Indeed, similar to allegations addressed in the
court’s October 29, 2018, order, plaintiff asserts that defendant acted as a “rogue officer.” (DE 18
at 6). Accordingly, the court correctly dismissed plaintiff’s official capacity claim, with plaintiff’s
individual capacity claim remaining. Plaintiff’s motion for reconsideration thus is DENIED. Per
the court’s October 29, 2018, order, service has not yet been accomplished for that claim, and the
time for service has been extended to January 12, 2019.
SO ORDERED, this the 27th day of November, 2018.
_____________________________
LOUISE W. FLANAGAN
United States District Judge