Excessive Force Allegation Against Individual Police Officer, 12(b)(6) dismissal
Plaintiff brought suit alleging excessive force was used by two police officers who, after obtaining a warrant, had a nurse forcefully draw blood from a DUI suspect. Plaintiff claimed that the officers choked him and threw him on the ground when he asked to see the warrant. Plaintiff named both officers as defendants in the case, but failed to properly plead an individual capacity claim. As a result, the Court treated Plaintiff’s claims as official capacity claims, and dismissed them as duplicative of the claims against the City.