Harris v. Jackson County, Mississippi et al
Filing
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MEMORANDUM OPINION AND ORDER granting 4 Motion to Dismiss. Plaintiff's claims against Defendants, Jackson County Sheriff's Department and Jackson County Narcotics Task Force are dismissed with prejudice; and granting 5 Motion to Dismiss filed by Sheriff Mike Byrd and Officer Ken McClenic in their official capacities. Signed by Chief District Judge Louis Guirola, Jr. on 3/27/15 (RLW)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
HENRY HARRIS
PLAINTIFF
v.
CAUSE NO. 1:14CV435-LG-RHW
JACKSON COUNTY, MISSISSIPPI, ET AL.
DEFENDANTS
MEMORANDUM OPINION AND ORDER
GRANTING MOTIONS TO DISMISS
BEFORE THE COURT are the Motion [4] to Dismiss filed by the Jackson
County Sheriff’s Department and the Jackson County Narcotics Task Force, and the
Motion [5] to Dismiss filed by Sheriff Mike Byrd and Officer Ken McClenic in their
official capacities. These defendants allege that the plaintiff cannot state claims
against them because of their legal status. The plaintiff has responded in
opposition, but the defendants have not replied. The Court finds that neither the
Sheriff’s Department nor the Narcotics Task Force is a legal entity capable of being
sued. Furthermore, the claims against Byrd and McClenic in their official
capacities are indistinguishable from the claims against Jackson County. For these
reasons, the Motions to Dismiss will be granted.
STANDARD OF REVIEW
The Jackson County Sheriff’s Department and the Jackson County Narcotics
Task Force move for dismissal with prejudice pursuant to Fed. R. Civ. P. 12(b)(6).
The Court construes the motion to dismiss the claims against Byrd and McClenic in
their official capacity as brought pursuant to Rule 12(b)(6) as well. Under the Rule
12(b)(6) standard of review, this court accepts “all well-pleaded facts as true and
construes the complaint in the light most favorable to the plaintiff.” Jaso v. The
Coca Cola Co., 435 F. App’x 346, 351 (5th Cir. 2011) (citation omitted). A claim may
not be dismissed under Rule 12(b)(6) unless it appears beyond doubt that the
plaintiff can prove no set of facts in support of his claim which would entitle him to
relief. Nottingham v. Richardson, 499 F. App’x 368, 372 (5th Cir. 2012) (citation omitted).
DISCUSSION
In this lawsuit, the plaintiff alleges he was subjected to excessive force
during a raid conducted at a nightclub by the Jackson County Narcotics Task Force.
Plaintiff has sued Jackson County, Mississippi, the Jackson County Board of
Supervisors, the Jackson County Sheriff’s Department, the Jackson County
Narcotics Task Force, Sheriff Mike Byrd, Officer Ken McClenic, and a number of
John and Jane Does.
The Sheriff's Department and the Task Force argue that they are not
separate legal entities distinct from Jackson County and should be dismissed with
prejudice pursuant to Fed. R. Civ. P. 12(b)(6). Whether the Sheriff’s Department
and the Task Force have the capacity to be sued must be determined by Mississippi
law. Fed. R. Civ. P. 17(b)(3).
It has been clear for some time that in Mississippi, a sheriff’s department is
not a separate legal entity which may be sued. Brown v. Thompson, 927 So. 2d 733,
737 (¶12) (Miss. 2006). “[T]he Sheriff’s Department does not enjoy a separate legal
existence, apart from [the] County.” Id.; accord Venuto v. Jackson Cnty., No.
1:13CV198-LG-JCG, 2014 WL 5280963, *1 (S.D. Miss. Oct. 15, 2014). Thus, the
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plaintiff is unable to state a claim upon which relief can be granted against the
Jackson County Sheriff’s Department, and it is entitled to dismissal.
The Task Force was created through an interlocal governmental agreement
between Jackson County and various municipalities. Mississippi Code § 17-13-7
authorizes such interlocal governmental agreements “for joint or cooperative action
to provide services and facilities.” Plaintiff requests the opportunity to conduct
discovery on the issue of whether the Task Force is a legal entity. He notes that the
Task Force has procured an insurance policy, which may show that the Task Force
has the ability to sue and be sued. However, the Mississippi Attorney General has
opined that under Mississippi law, a narcotics task force formed under an interlocal
agreement is not a legal entity. Op. Atty. Gen. No. 96-0628, Hicks, Sept. 20, 1996.
Claims against a narcotics task force have been dismissed for this very reason. See
Johnson v. Deep E. Tex. Reg. Narcotics Trafficking Task Force, 379 F.3d 293, 296
n.1 (5th Cir. 2004). The Court therefore finds that the plaintiff is unable to state a
claim upon which relief can be granted against the Jackson County Narcotics Task
Force, and it is entitled to dismissal.
Finally, Sheriff Mike Byrd and Officer Ken McClenic request dismissal of the
claims against them in their official capacities. The plaintiff makes an argument
against dismissal that references qualified immunity, which only applies to the
claims against these defendants in their individual capacities. “[A]n officialcapacity suit is, in all respects other than name, to be treated as a suit against the
entity. It is not a suit against the official personally, for the real party in interest is
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the entity.” Kentucky v. Graham, 473 U.S. 159, 166 (1985) (internal citation
omitted). Jackson County, “the real party in interest,” is before the Court. Id.
Plaintiff’s official capacity claims against Sheriff Byrd and Officer McClenic are
thus “duplicative or redundant” and subject to dismissal. Pride v. City of Biloxi, No.
1:10cv100, 2011 WL 5835109, at *5 (S.D. Miss. Nov. 21, 2011) (citations omitted),
aff’d, 552 F. App’x 334 (5th Cir. 2014).
IT IS THEREFORE ORDERED AND ADJUDGED that the Motion [4] to
Dismiss filed by the Jackson County Sheriff’s Department and the Jackson County
Narcotics Task Force is GRANTED. Plaintiff’s claims against these defendants are
dismissed with prejudice.
IT IS FURTHER ORDERED AND ADJUDGED that the Motion [5] to
Dismiss filed by Sheriff Mike Byrd and Officer Ken McClenic in their official
capacities is GRANTED.
SO ORDERED AND ADJUDGED this the 27th day of March, 2015.
s/
Louis Guirola, Jr.
LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE
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