Hirschkorn v. City of Paris et al
ORDER granting 7 Motion to Dismiss and that Defendant City of Paris Police Department is dismissed with prejudice from the case at bar. Signed by Honorable P. K. Holmes, III on February 7, 2012. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
Case No. 2:11-CV-02116
CITY OF PARIS; CITY OF PARIS POLICE
DEPARTMENT; and LARRY MERRILL,
in his official and individual capacities
Currently before the Court are Defendant City of Paris Police Department’s Motion to
Dismiss (Doc. 7) and Brief in Support (Doc. 8); Plaintiff’s Response (Doc. 13); and Defendant City
of Paris Police Department’s Reply (Doc. 16). The City of Paris Police Department contends, and
Plaintiff agrees, that it is not subject to suit. The Eighth Circuit has held that municipal police
departments are not entities subject to suit. Ketchum v. City of West Memphis, Arkansas, 974 F.2d
81, 82 (8th Cir. 1992)(“The West Memphis Police Department and West Memphis Paramedic
Services are not juridical entities suable as such. They are simply departments or subdivisions of
the City government”).
IT IS THEREFORE ORDERED that Defendant City of Paris Police Department’s Motion
to Dismiss (Doc. 7) is GRANTED and this Defendant is dismissed with prejudice from the case at
IT IS SO ORDERED this 7th day of February, 2012.
/s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE
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