McBride v. Jackson County Narcotics Task Force et al

Filing 4

ORDER granting Defendants' Motion 2 to Dismiss the Jackson County Narcotics Task Force and the Jackson County Sheriff's Department. Signed by District Judge Halil S. Ozerden on 1/10/2014 (HM)(copy mailed to Plaintiff)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
RICO O. MCBRIDE
v.

PLAINTIFF
Civil No. 1:13-cv-276-HSO-RHW

JACKSON COUNTY NARCOTICS
TASK FORCE et al.

DEFENDANTS

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS THE
JACKSON COUNTY NARCOTICS TASK FORCE AND THE JACKSON
COUNTY SHERIFF’S DEPARTMENT
BEFORE THE COURT is the Motion to Dismiss [2] pursuant to Federal Rule
of Civil Procedure 12(b)(6), filed by the Jackson County Narcotics Task Force and
Jackson County Sheriff’s Department. Plaintiff Rico O. McBride, proceeding pro se,
has filed a Response [3]. For the following reasons, Defendants’ Motion should be
granted.
The Jackson County Narcotics Task Force and Jackson County Sheriff’s
Department are not proper parties to this suit because they are not political
subdivisions or separate legal entities in and of themselves but rather are merely
extensions of Jackson County, Mississippi. Bradley ex rel. Wrongful Death
Beneficiaries of Bradley v. City of Jackson, No. 3:08-cv-261-TSL-JCS, 2008 WL
2381517, *2 (S.D. Miss. June 5, 2008)(collecting cases). Claims related to the alleged
acts of the Jackson County Narcotics Task Force and Jackson County Sheriff’s
Department must be brought against Jackson County, Mississippi. Hearn v. Hinds
Co. Bd. Sup’rs, No. 3:11cv662-DPJ-FKB, 2012 WL 3913423, *4 (S.D. Miss. Sept. 7,
2012)(collecting cases). Accordingly, the Jackson County Narcotics Task Force and
Jackson County Sheriff’s Department should be dismissed as parties and the claims

against them dismissed.
IT IS, THEREFORE, ORDERED AND ADJUDGED that, the Motion to
Dismiss [2] pursuant to Federal Rule of Civil Procedure 12(b)(6), filed by the Jackson
County Narcotics Task Force and Jackson County Sheriff’s Department is
GRANTED, and Plaintiff’s claims against the Jackson County Narcotics Task Force
and Jackson County Sheriff’s Department are dismissed.
IT IS, FURTHER, ORDERED AND ADJUDGED that, the Clerk of Court
shall correct the caption of this case by terminating the following parties: Jackson
County Narcotics Task Force and Jackson County Sheriff’s Department.
SO ORDERED AND ADJUDGED, this the 10th day of January, 2014.

s/ Halil Suleyman Ozerden
HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE

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