CANADA v. MONETTE, 3:12-CV-00093-BRW. (2012)
Court: District Court, E.D. Arkansas
Number: infdco20120522717
Visitors: 3
Filed: May 18, 2012
Latest Update: May 18, 2012
Summary: ORDER BILLY ROY WILSON, District Judge. Pending is a Motion to Dismiss Monette Police Department filed by Defendant Monette Police Department ("Defendant") (Doc. No. 4). Plaintiff has not responded, and the time for doing so has passed. 1 For the reasons set out below, the Motion is GRANTED. Plaintiff Jennifer Canada ("Plaintiff") filed a complaint against Defendant based on violations of her deceased husband's civil rights. 2 The complaint alleges: an unreasonable search in violation of t
Summary: ORDER BILLY ROY WILSON, District Judge. Pending is a Motion to Dismiss Monette Police Department filed by Defendant Monette Police Department ("Defendant") (Doc. No. 4). Plaintiff has not responded, and the time for doing so has passed. 1 For the reasons set out below, the Motion is GRANTED. Plaintiff Jennifer Canada ("Plaintiff") filed a complaint against Defendant based on violations of her deceased husband's civil rights. 2 The complaint alleges: an unreasonable search in violation of th..
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ORDER
BILLY ROY WILSON, District Judge.
Pending is a Motion to Dismiss Monette Police Department filed by Defendant Monette Police Department ("Defendant") (Doc. No. 4). Plaintiff has not responded, and the time for doing so has passed.1 For the reasons set out below, the Motion is GRANTED.
Plaintiff Jennifer Canada ("Plaintiff") filed a complaint against Defendant based on violations of her deceased husband's civil rights.2 The complaint alleges: an unreasonable search in violation of the Fourth Amendment; a Fourth Amendment violation for failure to protect; excessive use of force; and racial profiling. Plaintiff seeks damages, attorney's fees, and any other relief the Court deems appropriate.3 Defendant, one of multiple parties sued, filed a Motion to Dismiss contending that, as a municipal department, it is not subject to suit.4 I agree.
Municipal police departments are not entities subject to suit.5 They are simply subdivisions of city government and are not considered separate legal entities capable of being sued.6 Here, Defendant is a municipal police department and, as such, is unamenable to suit. Accordingly, Defendant's Motion (Doc. No. 4) is GRANTED, and the Monette Police Department is DISMISSED from this case.
FootNotes
1. Any response was due by May 17, 2012.
2. Doc. 1.
3. Id.
4. Doc. 5.
5. Ketchum v. City of West Memphis, Ark. 974 F.2d 81 (8th Cir. 1992)
6. Diggs v. Osceola Police Dept., No. 3:06cv00213, 2007 WL 162703, at *1 (E.D. Ark., Jan. 18, 2007) (police departments are not considered legal entities capable of being sued).
Source: Leagle
