United States District Court, M.D. Alabama, Northern Division
October 30, 2014
GRADY A. LEE, SR., #171 618, Plaintiff,
RIVER FALLS POLICE DEPT., et al., Defendants.
RECOMMENDATION OF THE MAGISTRATE JUDGE
SUSAN RUSS WALKER, Chief Magistrate Judge.
Plaintiff is an inmate incarcerated at the Ventress Correctional facility in Clayton, Alabama. He alleges that on April 17, 2013, Officer Ryan Adams unlawfully arrested him. In addition to Officer Adams, Plaintiff names the River Falls Police Department as a defendant. The court concludes that dismissal of Plaintiff's claims against the River Falls Police Department prior to service of process is appropriate under 28 U.S.C. § 1915(e)(2)(B)(i).
The River Falls Police Department is not a legal entity and, therefore, is not subject to suit or liability under § 1983. See Dean v. Barber, 951 F.2d 1210, 1214 (11th Cir. 1992). The court, therefore, finds that Plaintiff's claims against this defendant should be dismissed. Id.
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:
1. Plaintiff's claims against the River Falls Police Department be DISMISSED with prejudice prior to service of process under 28 U.S.C. § 1915(e)(2)(B)(i);
2. The River Falls Police Department be DISMISSED as a party to this complaint; and
3. This case with regarding the remaining defendant be referred to the undersigned for additional proceedings.
It is further
ORDERED that on or before November 13, 2014, the parties may file an objection to the Recommendation. Any objection filed must specifically identify the findings in the Magistrate Judge's Recommendation to which a party objects. Frivolous, conclusive or general objections will not be considered by the District Court. The parties are advised this Recommendation is not a final order and, therefore, it is not appealable.
Failure to file a written objection to the proposed findings and recommendations in the Magistrate Judge's report shall bar a party from a de novo determination by the District Court of issues covered in the report and shall bar a party from attacking on appeal factual findings in the report accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981) ( en banc ), adopting as binding precedent all of the decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981.