Tripp v. DeCarlo et al

Filing 6

ORDER DISMISSING DEFENDANT PROVIDECNE POLICE STATION re 1 Complaint filed by Travis Tripp. So Ordered by Judge William E. Smith on 12/12/11. (Jackson, Ryan)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
______________________________
)
)
)
)
v.
)
)
ROBERT DeCARLO, JAMES ANNIS, )
ROBERT MELARAGNO,
)
PROVIDENCE POLICE STATION,
)
Defendants.
)
______________________________)
TRAVIS J. TRIPP,
Plaintiff,

C.A. 11-325-S

ORDER
WILLIAM E. SMITH, United States District Judge.
Before
Plaintiff

this

Travis

Correctional

Court
J.

is

Tripp,

Institutions

a

Complaint
pro

se,

(“ACI”),

(ECF

an

No.

inmate

Cranston,

seeking declaratory relief and damages.

1)
at

filed
the

Rhode

by

Adult

Island,

This Court has screened

the Complaint pursuant to 28 U.S.C. § 1915(e)(2) and 28 U.S.C.
§ 1915A and finds that it states a claim for which relief may be
granted against some, but not all, Defendants for the reasons
discussed below.1

1

Plaintiff has also filed an application to proceed in
forma pauperis, (ECF No. 2) (“IFP application”), and a motion
for appointment of counsel, (ECF No. 3), which are addressed in
separate Orders issued on this date.

In

his

Robert

Complaint,

DeCarlo,

James

Plaintiff
Annis,

claims

and

that

Robert

the

Defendants

Melaragno

--

all

Providence Police officers -- used excessive force in the course
of

arresting

him

in

constitutional rights.2
3, 5.)

(Id.

2008,

in

violation

of

his

(Compl., Sec. IV. Statement of Claim at

He alleges that, as a result, he suffered injuries,

including
broken

July

a

nose,

at

IV.

gash
two

in

his

chipped

Statement

head

(requiring

teeth,

of

bruises

Claim.)

three
and

stitches),

other

Plaintiff

a

injuries.

seeks

damages

against all Defendants.
On its face, the Complaint appears to state a claim for the
violation of Plaintiff’s constitutional rights in the course of
his arrest, as to the three individual Defendants, subject to
any defenses they may have.

The Clerk is directed to forward

summonses to the Plaintiff for completion and return.
However,
improper
housing

the

defendant,
the

Providence
as

Providence

it

Police

refers

Police

to

Station
the

Department,

independent legal entity by that name.

is

clearly

physical
and

there

an

building
is

no

Cf. LaCedra v. Donald W.

Wyatt Detention Facility, 334 F. Supp. 2d 114, 140-42 (D.R.I.
2004) (holding that Wyatt Detention Center is not a legal entity
2

Plaintiff does not say what he was arrested for or whether
he was charged and convicted, and there is no record of any
criminal prosecution against him in this Court.

2

subject to suit); Sarro v. Cornell Corrs., Inc., 248 F. Supp. 2d
52, 58 (D.R.I. 2003) (same).

Thus, the instant Complaint must

be dismissed as to Defendant Providence Police Station.

IT IS SO ORDERED.

/s/ William E. Smith
William E. Smith
United States District Judge
Date: December 12, 2011

3