Hill v. City of Oklahoma City et al

Filing 22

ORDER granting 19 Defendant OCPD's MOTION to Dismiss filed by Oklahoma City Police Department; Oklahoma City Police Department terminated. Signed by Honorable Robin J. Cauthron on 1/28/16. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
ANTHONY HILL,

)
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Plaintiff,
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vs.
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THE CITY OF OKLAHOMA CITY, et al., )
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Defendants.
)

Case No. CIV-15-881-C

MEMORANDUM OPINION AND ORDER
Before the Court is Defendant City of Oklahoma City Police Department’s (“OCPD”)
Motion to Dismiss (Dkt. No. 19). Plaintiff filed a Response (Dkt. No. 20) and Defendant
filed a Reply (Dkt. No. 21). The Motion is at issue.
Defendant argues that OCPD is not a suable entity and is not referred to in the body
of the Complaint, though listed in the caption. Plaintiff stipulates that although OCPD was
listed in the caption of the Complaint, the OCPD was not served and was never intended to
be sued as a distinct entity.
Accordingly, Defendant OCPD’s Motion to Dismiss (Dkt. No. 19) is GRANTED and
OCPD is dismissed as a party to this action.
IT IS SO ORDERED this 28th day of January, 2016.