Carter v. Merrill et al

Filing 33

ORDER signed by Judge Lynn Adelman on 6/2/11 granting 19 Motion to Dismiss City of Milwaukee Police Dept. as defendant. Further ordering that the caption be amended to reflect that the City of Milwaukee is a defendant and that the City has until August 1, 2011 to move to dismiss the remaining claim against the City. (cc: all counsel) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

RONALD CARTER
Plaintiff,
v.

Case No. 10C0396

JOSEPH MERRILL, TIMOTHY
BEHNING, JAMES TIMM, and
CITY OF MILWAUKEE - POLICE DEPARTMENT
Defendants.

ORDER
Plaintiff Ronald Carter brought this § 1983 action against several City of Milwaukee
police officers, the City and the Police Chief. Plaintiff agreed to dismiss his claims against
the Chief and his Monell claim against the City but not his indemnification claim against the
City. Plaintiff then filed an amended complaint reflecting this agreement but in the caption
listed the “CITY OF MILWAUKEE - POLICE DEPARTMENT” as a defendant. Because the
Police Department is not a suable entity, the City moves to dismiss it as a defendant.
Plaintiff agrees and asks me to amend the caption to indicate that the proper defendant
is the City of Milwaukee. I will grant both requests.
Therefore,
IT IS ORDERED that the motion to dismiss the City of Milwaukee Police Department
as a defendant is GRANTED.
IT IS FURTHER ORDERED that the caption be amended to reflect that the City of
Milwaukee is a defendant.

IT IS FINALLY ORDERED that the City has until August 1, 2011 to move to dismiss
the remaining claim against the City.
Dated at Milwaukee, Wisconsin this 2nd day of June, 2011.

/s____________________________________
LYNN ADELMAN
District Judge

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