Zughbi v. Town of Sharpsburg, North Carolina et al

Filing 36

ORDER granting 28 Motion to Dismiss defendant Sharpsburg Police Department. Signed by US District Judge Terrence W. Boyle on 4/13/2017. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-938-BO
MAHMOUD OMAR ZUGHBI,
Plaintiff,
v.
TOWN OF SHARPSBURG, et al.,
Defendants.

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ORDER

This cause comes before the Court on a motion by defendant Sharpsburg Police
Department to dismiss pursuant to Rules 12(b)(2) and 12(b)(6) of the Federal Rules of Civil
Procedure. Plaintiff has failed to respond to the motion and the matter is ripe for ruling.
BACKGROUND
Plaintiff filed this action alleging that he was discriminated against on account of his
race, color, religion, and national origin during his employment as a police officer for the Town
of Sharpsburg, North Carolina. Plaintiff has named as defendants his former employer, the
Town of Sharpsburg; three individuals; and the Sharpsburg Police Department.
DISCUSSION
Defendant Sharpsburg Police Department correctly contends that it not a legal entity and
is thus not a proper defendant in this action. "Unless a statute provides to the contrary, only
persons in being may be sued. In North Carolina there is no statute authorizing suit against a
police department. The Police Department is a component part[] of defendant City ... and as
such lack[s] the capacity to be sued." Coleman v. Cooper, 89 N.C. App. 188, 192 (1988)
(internal citations omitted); see also Moore v. City ofAsheville, 290 F. Supp. 2d 664, 673

(W.D.N.C. 2003), aff'd, 396 F.3d 385 (4th Cir. 2005) (dismissing claims against city police
department for lack of capacity to be sued); Wilson v. Fayetteville Police Dep 't, No. 5: 13-CV178-BO, 2014 WL 555663, at* 1 (E.D.N.C. Feb. 11, 2014) ("Courts have routinely found that
lawsuits brought against municipal police departments are not authorized.") (listing cases).
CONCLUSION
Accordingly, for the foregoing reasons and without opposition by plaintiff, defendant
Sharpsburg Police Department's motion to dismiss [DE 28] is GRANTED.

SO ORDERED, this

J..'Jday of April, 2017.

T RRENCE W. BOYLE
UNITED STATES DISTRICT

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