FREDA L. WOLFSON, District Judge.
In the instant civil action, Plaintiff alleges that his federal constitutional rights were violated when he was not brought before a magistrate judge within 72 hours of his arrest by members of the Monmouth County Prosecutor's Office on October 20, 2014. (ECF No. 1-2, Complaint appended to Notice of Removal.) Plaintiff initially filed this action in state court against the City Long Branch Police Department, George H. Snowden, and the Monmouth County Prosecutor's Office.
The Court begins by noting that the photocopy of Plaintiff's state court Complaint in this removal action is barely legible, but the one paragraph Complaint appears to state in pertinent part as follows:
(ECF No. 1-2, Complaint at 7.)
As noted above, Defendant removed the action from state court on June 24, 2015, and filed its Answer on the same day. (ECF Nos. 1-2.) Defendant subsequently moved to dismiss the Complaint pursuant to Fed. R. Civ. P. 12(c), arguing that it had no involvement in the alleged violation(s), i.e., the failure to bring Plaintiff before a magistrate judge within 72 hours of his arrest. (ECF No. 10-1, Moving Br. at 1.) In order to establish its non-involvement, Defendant has attached the certification of City of Long Branch Police Director Jason Roebuck, along with a number of exhibits, and has invited the Court to convert the motion to a motion for summary judgment, if necessary. (See id., certification of Jason Roebuck at 10-4 and accompanying exhibits.)
"A Rule 12(c) motion for judgment on the pleadings is treated like a motion to dismiss under Rule 12(b)(6)." Millar v. Pitman Bd. of Educ., No. CIV. 10-4104 RBK/JS, 2011 WL 2417141, at *2 (D.N.J. June 13, 2011) (citing Bor. of Sayreville v. Union Carbide Corp., 923 F.Supp. 671, 676 (D.N.J. 1996) (citing Turbe v. V.I., 938 F.2d 427, 428 (3d Cir.1991)). Under Federal Rule of Civil Procedure 12(b)(6), a court may dismiss an action for failure to state a claim upon which relief can be granted. With a motion to dismiss, "`courts accept all factual allegations as true, construe the complaint in the light most favorable to the plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff may be entitled to relief.'" Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir. 2009) (quoting Phillips v. Cnty. of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008)). In other words, a complaint survives a motion to dismiss if it contains sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). In addition to the allegations of the complaint, a court may consider matters of public record, documents specifically referenced in or attached to the complaint, and documents integral to the allegations raised in the complaint. Mele v. Fed. Reserve Bank of N.Y., 359 F.3d 251, 255 n. 5 (3d Cir. 2004).
Here, the Complaint itself is devoid of any facts showing that the City of Long Branch Police Department was involved in the purported constitutional violation(s) alleged in the Complaint.
Although this type of dismissal would ordinarily be without prejudice, the Court finds that granting leave to amend the Complaint would be futile with respect to this particular Defendant. See Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002) (District court may deny leave to amend under Rule 15(a) when amendment is futile.). It is well-settled that a police department is not a "person" amenable to suit under § 1983. PBA Local No. 38 v. Woodbridge Police Dept., 832 F.Supp. 808, 826 (D.N.J. 1993); Ayala v. Randolph Township, No. 12-7809, 2014 U.S. Dist. LEXIS 154213, at *18-19, 2014 WL 5503107 (D.N.J. Oct. 30, 2014). The Third Circuit has recognized that a municipal police department is "merely an administrative arm of the local municipality, and is not a separate judicial entity." Padilla v. Twp. of Cherry Hill, 110 F. App'x 272, 278 (3d Cir. 2004) (quoting DeBellis v. Kulp, 166 F.Supp.2d 255, 264 (E.D. Pa. 2001)); see also N.J.S.A. 40A:14-118 (providing that New Jersey police departments are "an executive and enforcement function of municipal government."). Accordingly, Plaintiff's § 1983 claim against the City of Long Branch Police Department is dismissed with prejudice.