Woods v. City of Natchez Police Department, et al

Filing 12

ORDER DISMISSING CITY OF NATCHEZ POLICE DEPARTMENT. City of Natchez Police Department terminated. Signed by Honorable David C. Bramlette, III on May 12, 2017. (lda)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION

CASEY SHELTON WOODS, # 81862
VERSUS

PLAINTIFF
CIVIL ACTION NO. 5:17cv4-DCB-MTP

CITY OF NATCHEZ POLICE
DEPARTMENT, DISPATCHER MACK
JAMES, CHIEF OF POLICE DANNY
WHITE, JOHN AND JANE DOES, and
CITY OF NATCHEZ

DEFENDANTS

ORDER DISMISSING POLICE DEPARTMENT
This case is before the Court sua sponte. Pro se Plaintiff Casey Shelton Woods is
incarcerated with the Mississippi Department of Corrections. On January 13, 2017, Plaintiff
filed the instant Complaint, pursuant to 42 U.S.C. § 1983 and state law, alleging a denial of
police assistance. For this alleged omission, Plaintiff sues the City of Natchez Police
Department, Dispatcher Mack James, Chief of Police Danny White, and the City of Natchez.
The Court has considered and liberally construed the pleadings.
As noted, Plaintiff sues the Police Department. The capacity of a police department to
be sued is determined according to Mississippi law. Fed. R. Civ. P. 17(b)(3). Under
Mississippi law, a police department is not a separate legal entity which may be sued. Rather, a
police department is an extension of the city. Miss. Code Ann. ' 21-17-1(1) (municipalities are
distinct legal entities); Miss. Code Ann. ' 21-21-1, et seq. (municipalities may create and fund
police departments); see also Brown v. Thompson, 927 So. 2d 733, 737 (&12) (Miss. 2006)
(sheriff=s department). Therefore, the Police Department is dismissed.
Since Woods also sues the City of Natchez, the Court will construe the allegations

against the Police Department as allegations against the City. This case shall proceed against
the City and the remaining Defendants.
IT IS THEREFORE ORDERED AND ADJUDGED that, for the reasons stated above,
Defendant City of Natchez Police Department should be, and is hereby, dismissed. The
remainder of this case shall proceed.
So ordered and adjudged, this the 12th day of May, 2017.
s/David Bramlette
UNITED STATES DISTRICT JUDGE

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