Minick et al v. Metropolitan Government of Nashville, Davidson County, Tennessee et al

Filing 71

ORDER DENYING AS MOOT 32 Motion to Dismiss. Signed by District Judge Aleta A. Trauger on 8/13/2012. (hb)

Motion DENIED as MOOT.
IN THE UNITED STATE DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSE
AT NASHVILLE
HEATHER MINICK, et al.
Plaintiffs,
v.
METROPOLITAN GOVERNMENT
OF NASHVILLE, DAVIDSON
COUNTY, TENNESSEE, et al.
Defendants.

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Case No. 3:12cv0524
Judge Trauger

MOTION TO DISMISS METRO NASHVILLE POLICE DEPARTMENT
The Metro Nashville Police Department (“MNPD” or “Defendant”) moves to
dismiss Plaintiffs’ claims against it in this action.
Plaintiffs allege a variety of Constitutional claims against the Metropolitan
Government of Nashville and Davidson County (“Metropolitan Government”), several
Metropolitan Government employees, and a number of other entities and individuals.
Plaintiffs’ Complaint arises from what began as an encounter between MNPD Officer
Neil Wolfe and Plaintiff Heather Minick’s husband, Micheal Minick (“Minick”). See
generally Compl., Doc. 1.

Minick was subsequently hospitalized at Metropolitan

Nashville General Hospital (“NGH”) and placed in the custody of DCSO, which led to
his encounter with four DCSO deputies. Id at ¶ 29. The Complaint alleges a use of force
incident occurred while Minick was in the custody of DCSO which resulted in “life
ending injuries” for Minick. Id. at ¶ 54.
With regard to MNPD, it is not an entity capable of being sued. Accordingly,
Plaintiff’s Complaint should be dismissed as to this Defendant.

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