Carter v. Orange County, Florida et al

Filing 12

ORDER terminating as moot 7 motion to dismiss. The Clerk is DIRECTED to terminate Defendant Orange County, Florida as a party to this action. Plaintiff is DIRECTED to serve process on Orange County Sheriff's Office within the time prescribed by the Federal Rules of Civil Procedure. Signed by Judge Roy B. Dalton, Jr. on 4/25/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CAROLYN LOGAN CARTER,
Plaintiff,
v.

Case No. 6:17-cv-518-Orl-37TBS

ORANGE COUNTY, FLORIDA;
SHEENA LOVETTE; and DOROTHY
RIVERS,
Defendants.
_____________________________________
ORDER
Plaintiff initiated the instant action on March 23, 2017, by filing claims against
Defendants Orange County, Florida (“Orange County”), Sheena Lovette (“Lovette”),
and Dorothy Rivers (“Rivers”) for violations of the Driver’s Privacy Protection Act and
42 U.S.C. § 1983. (Doc. 1.) On April 17, 2017, Orange County moved to dismiss the claims
filed against it, arguing that Plaintiff had sued the wrong party. (Doc. 7 (“MTD”).)
Specifically, the MTD maintains that Plaintiff should have sued Orange County Sheriff’s
Office—the employer of the relevant actor and an office separate and independent from
Orange County. (Id.)
In lieu of filing a response, Plaintiff essentially conceded her mistake and filed an
Amended Complaint asserting claims against Lovette, Rivers, and Jerry L. Demings in
his official capacity as Sheriff of the Orange County Sheriff’s Office. (See Doc. 11, ¶ 6.)
Hence the MTD is now moot.
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Further, as it is well established that a suit against a police officer in his official
capacity is, in actuality, a suit against the governmental entity that he represents, Farred
v. Hicks, 915 F.2d 1530, 1532 (11th Cir. 1990), Plaintiff must serve process on Orange
County Sheriff’s Office within the time prescribed by the Federal Rules of Civil
Procedure.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

Defendant, Orange County, Florida’s Motion to Dismiss for Failure to State
a Claim upon Which Relief Can Be Granted Pursuant to Federal Rule of
Civil Procedure 12(b)(6); or, Alternative Motion to Dismiss for Failure to
Join a Party Under Federal Rule of [Civil] Procedure 19, Pursuant to Federal
Rule of Civil Procedure 12(b)(7), and Supporting Memorandum of Law
(Doc. 7) is TERMINATED AS MOOT.

2.

The Clerk is DIRECTED to terminate Defendant Orange County, Florida
as a party to this action.

3.

Plaintiff is DIRECTED to serve process on Orange County Sheriff’s Office
within the time prescribed by the Federal Rules of Civil Procedure.

DONE AND ORDERED in Chambers in Orlando, Florida, on April 25, 2017.

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Copies to:
Counsel of Record

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