Barnett v. Searcy Arkansas, City of et al

Filing 8

ORDER granting 4 Motion to Dismiss Party Police Department of Searcy. Signed by Judge James M. Moody on 12/29/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BRIAN BARNETT
V.

PLAINTIFF
CASE NO. 4:11CV00753 JMM

CITY OF SEARCY, ARKANSAS, ET AL.

DEFENDANTS

ORDER
Pending before the Court is the Police Department of Searcy’s Motion to Dismiss filed
pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, the motion is
granted and Plaintiff’s complaint against the Police Department of Searcy is dismissed (#4).
Plaintiff filed a Complaint and Amended Complaint pursuant to 42 U.S.C. § 1983 against
the Police Department of Searcy, Arkansas, by and through Chief of Police, Kyle Osborne, in his
official and representative capacity alleging that Plaintiff was arrested based upon an
unconstitutional policy of the Police Department of Searcy and placed in a police car belonging
to the Police Department of Searcy.
After careful review, the Court finds that to the extent that Plaintiff brings suit against the
Police Department of Searcy as a separate defendant, the motion is granted as it is well settled
that municipal police departments are not entities subject to suit under § 1983. See Ketchum v.
City of West Memphis, Arkansas, 974 F.2d 81 (8th Cir. 1992). The claims against the Police
Department of Searcy are dismissed. The claims against Chief of Police Kyle Osborne in his
official and representative capacities remain pending.
IT IS SO ORDERED THIS

29

day of

December

, 2011.
11-753

James M. Moody

United States District Judge