Omar El, Trustee of God is with Us Trust v. City of Cottonwood Heights, et al.

Summary

The United States District Court for the District of Utah grants the motion to substitute Falandors Lee Burris Jr. as the proper plaintiff and dismisses the God is with Us Trust and Omar El from the action. The court concludes that the Third Amended Complaint fails to plead sufficient facts to state claims, including a Monell claim against the City of Cottonwood Heights. The court orders the filing of a Fourth Amended Complaint within twenty-one days and warns that failure to comply will result in dismissal.

Holdings

1. The court granted the motion to substitute party and amend the caption, dismissed the God is with Us Trust, and substituted Falandors Lee Burris Jr. as the proper plaintiff and real party in interest.
2. The Third Amended Complaint failed to allege sufficient factual detail to state a plausible claim for relief under the applicable Rule 12(b)(6) standard.
3. The Monell claims against Cottonwood Heights failed because the complaint did not allege a direct causal link between a municipal custom or policy and the alleged constitutional violations, and a municipality cannot be held liable on a respondeat superior theory.
4. The Fourth Amended Complaint must stand on its own, name every defendant in the caption, identify what each defendant allegedly did, state each constitutional violation and cause of action separately, and include sufficient factual detail concerning who, what, where, when, and why.

Questions Presented

1. Whether the court should substitute Falandors Lee Burris Jr. as the real party in interest and dismiss the trust from the action.
2. Whether the Third Amended Complaint adequately pleaded claims under 28 U.S.C. § 1983, including a Monell claim against Cottonwood Heights.
3. What pleading requirements should govern the filing of the required Fourth Amended Complaint.

Disposition

other