Emrit et al v. Governor Lincoln D. Chafee et al

Filing 41

MEMORANDUM AND ORDER granting PROVIDENCE POLICE DEPARTMENT'S 32 Motion to Dismiss for Failure to State a Claim; granting GOVERNOR LINCOLN D. CHAFEE'S 33 Motion to Dismiss for Failure to State a Claim. -- So Ordered by Judge Mary M. Lisi on 4/18/2014. -- (A copy of this Order was forwarded to pro se Plaintiff Emrit via first-class mail on 4/18//2014.) (Duhamel, John)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
RONALD SATISH EMRIT, et al.1
v.

CA 14-106 ML

GOVERNOR LINCOLN D. CHAFEE,
MAYOR ANGEL TAVERAS, and
PROVIDENCE POLICE DEPARTMENT
MEMORANDUM AND ORDER
Before the Court are the Motions to Dismiss filed by Defendant Providence Police
Department and Defendant Governor Chafee pursuant to Fed. R. Civ. P. (12)(b)(6).
In considering such motions, the Court must take as true all well-pleaded facts to
determine whether Plaintiff has made out a claim for which relief may be granted. This Court
finds that Plaintiff has failed to carry his burden.
As the City Solicitor points out, the Providence Police Department is not a legal entity
and, therefore, it cannot be subject to suit. With regard to the Plaintiff’s suit against Governor
Chafee, the Amended Complaint contains no factual allegations that would support any viable
claim as to the Governor. Therefore, for these reasons, and those set forth in the Motion papers,
the Motions to Dismiss (Docket # 32 and #33) are GRANTED.

SO ORDERED:

/s/ Mary M. Lisi
Mary M. Lisi
United States District Judge
April 18, 2014

1

Although the Amended Complaint (Docket #21) caption includes a reference to Plaintiff, “et
al.”, it appears that only Mr. Emrit has brought this action.