Dotson v. McBriar et al
MEMORANDUM OPINION AND ORDER dismissing Hinds County Sheriff Department. Signed by District Judge Tom S. Lee on 6/20/12 (LWE)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JUSTIN DEMOND DOTSON, # 86506
CAUSE NO. 3:12cv307-TSL-MTP
KENYATTA MCBRIDE, LEWIS MOORE,
JOHN DOE, and HINDS COUNTY
MEMORANDUM OPINION AND ORDER DISMISSING SHERIFF DEPARTMENT
BEFORE THE COURT are pro se plaintiff Justin Demond Dotson’s
He is a pretrial detainee at the Hinds County
Detention Center and brings this action alleging excessive force.
The court has considered and liberally construed the pleadings.
For the reasons below, defendant Hinds County Sheriff Department
Dotson alleges that, on December 29, 2010, he was housed at
the Detention Center.
He accuses defendants Sergeant Kenyatta
McBride and Deputy Lewis Moore of using excessive force against
He further claims an unknown deputy was present during
the alleged abuse but failed to intervene.
Dotson sues, among
others, the Sheriff Department.
The Sheriff Department’s capacity to be sued is determined
by Mississippi law.
Fed. R. Civ. P. 17(b)(3).
In Mississippi, a
sheriff’s department is not a separate legal entity which may be
sued, rather it is an extension of the county.
Thompson, 927 So. 2d 733, 737 (¶12) (Miss. 2006).
court dismisses the Sheriff Department.
The remainder of the
case will proceed.
IT IS THEREFORE ORDERED AND ADJUDGED that, for the reasons
stated above, defendant Hinds County Sheriff Department should be
and is hereby DISMISSED.
SO ORDERED, this the 20th day of June, 2012.
/s/Tom S. Lee
UNITED STATES DISTRICT JUDGE
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