168th and Dodge v. Rave Reviews Cinemas

1The Honorable Susan Webber Wright, United States District Judge for the
Eastern District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 06-3370
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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Parole Officer, Conway, AR, Faulkner * [UNPUBLISHED]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. *
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Submitted: August 22, 2007
Filed: August 27, 2007
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Before WOLLMAN, COLLOTON, and BENTON, Circuit Judges.
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PER CURIAM.
Shirley Tyus appeals the district court’s 1 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.,

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2We 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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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.
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