Hirschkorn v. City of Paris et al
Filing
19
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
RANDY HIRSCHKORN
v.
PLAINTIFF
Case No. 2:11-CV-02116
CITY OF PARIS; CITY OF PARIS POLICE
DEPARTMENT; and LARRY MERRILL,
in his official and individual capacities
DEFENDANTS
ORDER
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
bar.
IT IS SO ORDERED this 7th day of February, 2012.
/s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?