Harvell v. Phillips County Sheriff Department et al

Filing 8

ORDER granting 3 Motion to Dismiss Party and directing the Clerk to change the docket sheet to eflect that "Phillips County, Arkansas" is a deft in this case. Signed by Judge William R. Wilson, Jr on 11/2/10. (bkp)

Harvell v. Phillips County Sheriff Department et al

Doc. 8

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DISTRICT FREDDIE HARVELL v. 2:10CV000123-WRW DEFENDANTS ORDER Pending is a Motion to Dismiss Phillips County Sheriff's Department as a defendant in this case (Doc. No. 3). Because Phillips County Sheriff's Department is not a legal entity subject to suit,1 the motion is GRANTED. Phillips County Sheriff's Department is DISMISSED; however, the Clerk of the Court is directed to change the docket sheet to reflect that "Phillips County, Arkansas" is a defendant in this case.2 IT IS SO ORDERED this 2nd day of November, 2010. PLAINTIFF

PHILLIPS COUNTY, ARKANSAS SHERIFF'S DEPARTMENT, et al.

/s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE

Dean v. Barber, 951 F.2d 1210, 1214 (11th Cir. 1992) (holding that police and sheriff's departments are not usually considered legal entities subject to suit).
2

1

See Fed. R. Civ. P. 21.

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