Filed: Aug. 27, 2007
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 06-3370 _ Shirley A. Tyus, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Earl Cranor, Adult Probation and * Parole Officer, Conway, AR, Faulkner * [UNPUBLISHED] County, * * Appellee. * _ Submitted: August 22, 2007 Filed: August 27, 2007 _ Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges. _ PER CURIAM. Shirley Tyus appeals the district court’s1 dismissal of her 42 U.S.C.
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 06-3370 _ Shirley A. Tyus, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Earl Cranor, Adult Probation and * Parole Officer, Conway, AR, Faulkner * [UNPUBLISHED] County, * * Appellee. * _ Submitted: August 22, 2007 Filed: August 27, 2007 _ Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges. _ PER CURIAM. Shirley Tyus appeals the district court’s1 dismissal of her 42 U.S.C. §..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 06-3370
___________
Shirley A. Tyus, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Earl Cranor, Adult Probation and *
Parole Officer, Conway, AR, Faulkner * [UNPUBLISHED]
County, *
*
Appellee. *
___________
Submitted: August 22, 2007
Filed: August 27, 2007
___________
Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.
___________
PER CURIAM.
Shirley Tyus appeals the district court’s1 dismissal of her 42 U.S.C. § 1983
complaint against a state parole and probation officer. Upon de novo review, see
Thomas v. St. Louis Bd. of Police Comm’rs,
447 F.3d 1082, 1084-85 (8th Cir. 2006)
(standard of review), we conclude that dismissal was proper because Tyus sued
Officer Cranor only in his official capacity. See Johnson v. Outboard Marine Corp.,
1
The Honorable Susan Webber Wright, United States District Judge for the
Eastern District of Arkansas.
172 F.3d 531, 535 (8th Cir. 1999) (“[I]n order to sue a public official in his or her
individual capacity, a plaintiff must expressly and unambiguously state so in the
pleadings, otherwise, it will be assumed that the defendant is sued only in his or her
official capacity.”); Murphy v. Arkansas,
127 F.3d 750, 754 (8th Cir. 1997) (Eleventh
Amendment bars damages claims against state officials acting in their official
capacities).2
The judgment is affirmed.
______________________________
2
We do not consider Tyus’s claim for injunctive relief because it was not raised
in the district court. See Alexander v. Pathfinder, Inc.,
189 F.3d 735, 740 (8th Cir.
1999).
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