Oswalt v. Robinson et al

Filing 12

ORDER GRANTING 6 MOTION to Dismiss filed by Jefferson County Sheriff Department; Jefferson County Sheriff Department terminated. Signed by Magistrate Judge H. David Young on 7/7/10. (vjt)

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Oswalt v. Robinson et al Doc. 12 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION TAMICA OSWALT PLAINTIFF v. NO. 5:10CV00095 HDY SHERIFF GERALD ROBINSON, in his individual and official capacities; CHIEF DEPUTY RONNIE COLE, in his individual and official capacities; JEFFERSON COUNTY SHERIFF'S OFFICE; and JEFFERSON COUNTY DEFENDANTS ORDER On April 28, 2010, defendant Jefferson County Sheriff's Office ("Sheriff's Office") filed the pending motion to dismiss. See Document 6. In the motion, the Sheriff's Office advanced the following assertions: 1. Plaintiff has filed a suit against the [Sheriff's Office]. 2. The undersigned counsel for [the Sheriff's Office] has filed an Answer on behalf of Defendants Sheriff Gerald Robinson [and] Ronnie Cole, in their individual and official capacities, and Jefferson County, Arkansas, but is filing this Motion to Dismiss as to separately named Defendant [Sheriff's Office]. 3. [The Sheriff's Office] is not a legal entity capable of suing or being sued, and thus is not a proper party to the suit and should be dismissed based upon prevailing federal law. [The Sheriff's Office] is not a necessary party since all individual defendants are also sued in their "official capacities." Dockets.Justia.com See Document 6 at 1. On May 7, 2010, plaintiff Tamica Oswalt ("Oswalt") filed a response to the motion in which she represented that she has no objection to the Sheriff Office's motion. In light of Oswalt's representation that she does not object to the granting of the Sheriff Office's motion to dismiss, it is granted. The Sheriff's Office is dismissed as a party to this proceeding. IT IS SO ORDERED this 7 day of July, 2010. UNITED STATES MAGISTRATE JUDGE -2-

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