Kelly McSean v. Dan Bullock, et al.

Summary

The United States District Court for the Eastern District of Missouri dismissed Kelly McSean’s amended § 1983 complaint without prejudice under 28 U.S.C. § 1915(e)(2). The court held that the official-capacity claims failed to plausibly allege a county policy or custom, and that the individual-capacity claims lacked allegations showing each defendant’s personal participation or discriminatory intent. The court also concluded that the complaint did not state viable due-process or equal-protection claims.

Holdings

1. The official-capacity claims failed because the detention center was not a suable entity and McSean did not plead facts plausibly showing that a St. Francois County policy, widespread custom, or failure to train caused the alleged constitutional injury.
2. The individual-capacity claims failed because McSean did not plead facts showing how each defendant personally participated in placing or maintaining her in disciplinary segregation or how each defendant's conduct differed from that of the others.
3. The equal-protection claims failed because the amended complaint did not allege facts suggesting discriminatory intent or disparate treatment by any individual defendant.

Questions Presented

1. Whether McSean stated an official-capacity claim under § 1983 by alleging that detention-center officials acted pursuant to unofficial customs without pleading supporting facts showing a governmental policy or custom.
2. Whether McSean stated individual-capacity § 1983 claims by alleging substantially identical collective conduct without facts showing each defendant's personal participation.
3. Whether McSean pleaded sufficient facts to support Fourteenth Amendment equal-protection claims.

Disposition

dismissed