Filed: Jul. 10, 2017
Latest Update: Jul. 10, 2017
Summary: MEMORANDUM AND ORDER RONNIE L. WHITE , District Judge . This matter is before the Court on pro se Plaintiffs Amended Complaint (ECF No. 49). The Amended Complaint, which raises claims under 42 U.S.C. 1983, adds Missouri State Troopers D.L. DeJournett and C.L. Purnellff, 1 who were previously unknown to Plaintiff. The Court notes that the Amended Complaint seeks monetary damages against these officers, as well as Officers Ricky Rhoades, Dave Simmons, and Anthony Roberts, in their offi
Summary: MEMORANDUM AND ORDER RONNIE L. WHITE , District Judge . This matter is before the Court on pro se Plaintiffs Amended Complaint (ECF No. 49). The Amended Complaint, which raises claims under 42 U.S.C. 1983, adds Missouri State Troopers D.L. DeJournett and C.L. Purnellff, 1 who were previously unknown to Plaintiff. The Court notes that the Amended Complaint seeks monetary damages against these officers, as well as Officers Ricky Rhoades, Dave Simmons, and Anthony Roberts, in their offic..
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MEMORANDUM AND ORDER
RONNIE L. WHITE, District Judge.
This matter is before the Court on pro se Plaintiffs Amended Complaint (ECF No. 49). The Amended Complaint, which raises claims under 42 U.S.C. § 1983, adds Missouri State Troopers D.L. DeJournett and C.L. Purnellff,1 who were previously unknown to Plaintiff.
The Court notes that the Amended Complaint seeks monetary damages against these officers, as well as Officers Ricky Rhoades, Dave Simmons, and Anthony Roberts, in their official, not individual, capacities. However, Plaintiff "cannot pursue damages claims against state employees in their official capacities." Roberts v. Lombardi, 512 Fed. App'x 645, 647 (8th Cir. 2013); see also Will v. Mich. Dep't of State Police, 491 U.S. 58, 71 & n. 10 (1989) (state officials acting in their official capacities are not persons under § 1983 in a suit for damages). Therefore, the Court will order the Plaintiff to file a Third Amended Complaint2 naming Defendants Rhoades, Simmons, Roberts, DeJournett, and Purnell in their individual capacities.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff shall file a Third Amended Complaint consistent with this Memorandum and Order no later than July 24, 2017. Failure to comply with this Order may result in dismissal without further proceedings.
