Lewis v. Kennemore et al
ORDER giving Plaintiff until August 22, 2017 to file a Supplement to his Complaint. Signed by Honorable Barry A. Bryant on August 1, 2017. (mll) (Document mailed to non-ECF Participant Jermain D. Lewis.)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
JERMAIN D. LEWIS
Civil No. 4:17-cv-04051
BRANDON KENNEMORE, Ashdown
Police Department; ASHDOWN POLICE
DEPARTMENT; LITTLE RIVER SHERIFF’S
DEPARTMENT; JULIE SMITH; and
MICKEY BUCHANAN, Attorney
Plaintiff filed this case pro se on July 6, 2017 pursuant to 42. U.S.C. § 1983. ECF No. 1.
His Application to Proceed in forma pauperis was granted that same day. ECF No. 3.
In addition to others, Plaintiff has named the Ashdown Police Department and the Little
River Sheriff Department as defendants in this matter.
The police department and sheriff
department are buildings and not persons subject to suit under 42 U.S.C § 1983. See e.g., Dean v.
Barber, 951 F.2d 1210, 1214 (11th Cir. 1992)(“[s]heriff’s departments and police departments are
not usually considered legal entities subject to suit”).
Plaintiff is given until August 22, 2017 to file a supplement to his Complaint. In the
Supplement Plaintiff should name as defendants those individuals employed with the Ashdown
Police Department and the Little River Sheriff Department who he believes violated his federal
constitutional rights. Plaintiff should specify what each person did or failed to do that violated his
Plaintiff is advised that he is required to immediately inform the Court of any change of
address. If Plaintiff is transferred to another jail or prison, he shall have 30 days from the
date of transfer in which to notify the Court of his new address. Plaintiff shall submit a change
of address on a separate piece of paper entitled “Notice to the Court of Change of Address” and
not include any motions or otherwise request relief in this document. The notice shall contain only
information pertaining to the address change. Failure to inform the Court of an address change
may result in the dismissal of this case.
IT IS SO ORDERED this 1st day of August 2017.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
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