Plaintiff brought suit alleging excessive force was used by two Raleigh police officers who, after obtaining a warrant, had a nurse forcefully draw blood from a DUI suspect. Plaintiff claimed that the officers choked him and threw him on the ground when he asked to see the warrant. Plaintiff named both officers as defendants in the case. A motion to dismiss the individual officers was filed on the grounds that the Plaintiff had not met the pleading requirements set forth in the recent NC Supreme Court case White v. Trew. Although Plaintiff stated in the body of his complaint that the officers were sued in both their individual and official capacity, he did not state this in the caption or prayer for relief. As a result, the Court treated Plaintiff’s claims as official capacity claims, and dismissed them as duplicative of the claims against the City. The City, represented by the City Attorney’s office, was also dismissed on a 12(b)(6) motion.
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