Opinion
23-cv-02132
07-10-2023
MICHAEL J. HOYT, Plaintiff, v. CITY OF FORT SCOTT, KANSAS, and the following individually and in their official capacity CITY COMMISSIONERS current and formerly Seated 2/19, DAVE MARTIN former City Manager, TRAVIS SHELTON current Chief of Police, BRIAN THURSTON former Detective FSPD and CALEB BELL current Officer FSPD, Defendants.
MEMORANDUM AND ORDER
KATHRYN H. VRATIL, UNITED STATES DISTRICT JUDGE
On February 21, 2023, in the District Court of Bourbon County, Kansas, plaintiff filed suit against the City of Fort Scott, Kansas, current and former City Commissioners, and various former City officials, alleging violations of his rights under the Fourth Amendment of the U.S. Constitution and state law. See 42 U.S.C. § 1983; 28 U.S.C. § 1343. On March 24, 2023, the City removed the case to this Court. On June 8, 2023, the Court dismissed plaintiff's claims against the City of Fort Scott, Kansas for failure to state a claim on which relief can be granted. See Memorandum And Order And Order To Show Cause (Doc. #9). The Court also ordered that on or before June 16, 2023, plaintiff show good cause in writing why his claims against the current and former City Commissioners, Dave Martin, Travis Shelton, Brian Thurston and Caleb Bell should not be dismissed for failure to state a claim on which relief can be granted. See id.
Plaintiff did not respond to the Court's order to show cause. For this reason and for substantially the reasons stated in the Memorandum In Support Of Defendant City Of Fort Scott, Kansas's Motion To Dismiss (Doc. #8) filed March 31, 2023, the Court dismisses plaintiff's claims against the current and former City Commissioners, Dave Martin, Travis Shelton, Brian Thurston and Caleb Bell for failure to state a claim on which relief can be granted.
IT IS THEREFORE ORDERED that plaintiff's claims against the current and former City Commissioners, Dave Martin, Travis Shelton, Brian Thurston and Caleb Bell are dismissed for failure to state a claim on which relief can be granted.
The Clerk is directed to enter judgment in favor of all defendants