Hinds v. Apopka Police Department et al

Filing 37

ORDER adopting Report and Recommendations - re 9 Report and Recommendations. The Amended Complaint (Doc. 6) is DISMISSED as to Defendant Apopka Police Department. The Clerk is directed to terminate Apopka Police Department as a Defendant and amend the case style accordingly. Signed by Judge Carlos E. Mendoza on 11/8/2018. (DJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

TIMOTHY HINDS,
Plaintiff,
v.

Case No: 6:18-cv-578-Orl-41TBS

APOPKA POLICE DEPARTMENT and
JENNIFER PYBURN,
Defendants.
/
ORDER
THIS CAUSE is before the Court on United States Magistrate Judge Thomas B. Smith’s
Report and Recommendation (“R&R,” Doc. 9), in which he recommends that the claims against
Defendant Apopka Police Department be dismissed without leave to amend because a police
department “is not a legal entity subject to suit under § 1983.” (Id. at 2 (citing Bigham v. Powell,
1:07cv523-MHT (WO), 2007 WL 2081283, at *2 (M.D. Ala. July 19, 2007))); see also King v.
Lake Cty., 5:17-cv-52-Oc-34PRL, 2017 WL 6502395, at *5 (M.D. Fla. Dec. 19, 2017) (“[c]apacity
to sue or be sued is determined . . . by the law of the state where the court is located. Under Florida
law, a [police] department is not a legal entity that can be sued.”) (internal citations omitted).
“[T]he city or municipal corporation [is] the proper party.” Wymer v. Baxter, 6:15-cv-1669-Orl37DAB, 2015 WL 7731406, at *3 (M.D. Fla. Nov. 4, 2015), report and recommendation adopted,
2015 WL 7721330 (M.D. Fla. Nov. 30, 2015).
Plaintiff filed an Objection to the R&R (“Objection,” Doc. 12). Plaintiff’s Objection does
not discuss the legal analysis in the R&R, but instead argues that according to the Oxford English

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Dictionary’s definition of “legal” and “entity,” the Apopka Police Department is a legal entity
subject to suit. (Id. at 1–2).
After reviewing the record in this matter, the Court agrees entirely with the analysis set
forth in the R&R. Therefore, it is ORDERED and ADJUDGED as follows:
1. The Report and Recommendation (Doc. 9) is ADOPTED and CONFIRMED and
made a part of this Order.
2. The Amended Complaint (Doc. 6) is DISMISSED as to Defendant Apopka Police
Department.
3. The Clerk is directed to terminate Apopka Police Department as a Defendant and
amend the case style accordingly.
DONE and ORDERED in Orlando, Florida on November 8, 2018.

Copies furnished to:
Counsel of Record
Unrepresented Party

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