Morris v. Walnut Ridge Arkansas, City of et al

Filing 14

ORDER granting 9 MOTION to Dismiss filed by Walnut Ridge Police Department. The Walnut Ridge Police Department is dismissed. The City of Walnut Ridge, John Lamb & Jeff Franks remain as defendants. Signed by Chief Judge J. Leon Holmes on 8/16/2010. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION KEVIN MORRIS v. No. 3:10CV00044 JLH PLAINTIFF

CITY OF WALNUT RIDGE, ARKANSAS; JOHN LAMB, individually and in his official capacity as Chief of Police for the City of Walnut Ridge; and JEFF FRANKS, individually and in his official capacity as Police Officer for the City of Walnut Ridge ORDE R

DEFENDANTS

The defendants filed a motion to dismiss the Walnut Ridge Police Department as a defendant in this lawsuit. The Walnut Ridge Police Department is not an entity that can sue or be sued. See Ketchum v. City of W. Memphis, Ark., 974 F.2d 81, 82 (8th Cir. 2002) (finding that departments are not juridical entities but merely departments of city government). Without objection, defendant's motion to dismiss the Walnut Ridge Police Department is GRANTED. Document #9. The Walnut Ridge Police Department is dismissed. The City of Walnut Ridge, John Lamb, and Jeff Franks remain as defendants. IT IS SO ORDERED this 16th day of August, 2010.

J. LEON HOLMES UNITED STATES DISTRICT JUDGE