Shelton v. St. Petersburg Police Department et al

Filing 16

ORDER granting 12 St. Petersburg Police Department's Motion to dismiss. Signed by Judge Elizabeth A. Kovachevich on 6/29/2009. (SM)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CHRISTOPHER MICHAEL SHELTON, SR. Plaintiff, v. ST. PETERSBURG POLICE DEPT., et al., Defendants. Case No. 8:09-cv-544-T-17MAP

ORDER This cause is before the Court on Defendant St. Petersburg Police Department's motion to dismiss Plaintiff's complaint. (Doc. No. 12). Background Plaintiff Christopher Shelton filed a Complaint naming the "St. Petersburg Police Department" as a Defendant. The St. Petersburg Police Department is not a proper Defendant because the Police Department does not have the capacity to sue or be sued. "Where a police department is an integral part of the city government as the vehicle through which the city government fulfills its policing functions, it is not an entity subject to suit." Eddy v. City of Miami, 715 F. Supp. 1553, 1556 (S.D. Fla. 1989). See also, Florida City Police Department v. Corcoran, 661 So. 2d 409 (FIa. 3rd DCA 1995). Accordingly, the Court orders:

That the St. Petersburg Police Department's order to dismiss (Doc. No. 12) is granted. The St. Petersburg Police Department is dismissed as a Defendant in this action. ORDERED at Tampa, Florida, on June 29, 2009.

Christopher Michael Shelton, Sr.