Shirley Tyus v. Earl Cranor , 232 F. App'x 621 ( 2007 )

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Parole Officer, Conway, AR, Faulkner * [UNPUBLISHED]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’s1 dismissal of her 42 U.S.C. § 1983complaint 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.,
1
The Honorable Susan Webber Wright, United States District Judge for the
Eastern District of Arkansas.
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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2
We 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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