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Diggs v. Osceola Police Dep't

January 18, 2007

PECOLIA DIGGS PLAINTIFF
v.
OSCEOLA POLICE DEPT. DEFENDANT



The opinion of the court was delivered by: Wm. R. Wilson, Jr. United States District Judge

ORDER

Pending is Defendant's Motion to Dismiss (Doc. No. 9). Plaintiff, a pro se individual, has not responded. Plaintiff has alleged that she suffered due process violations at the hands of the Defendants and brought suit under 42 U.S.C. § 1983. For the reasons stated below, Defendant's Motion is GRANTED.

"A pro se complaint is to be liberally construed and should not be dismissed unless the plaintiff can prove no set of facts to support the claim(s)."*fn1 A complaint, while construed in favor of the plaintiff,*fn2 must allege facts sufficient to state a claim as a matter of law.*fn3 Although pro se complaints are to be construed liberally, "they still must allege sufficient facts to support the claims advanced."*fn4 "[P]ro se litigants must set forth [a claim] in a manner which, taking the pleaded facts as true, states a claim as a matter of law."*fn5

Defendant argues that Plaintiff's claims against it should be dismissed because it is a legal entity capable of being sued. Defendant relies on Ketchum v. City of West Memphis,*fn6 to support the proposition that it is a division of county government and not a separate juridical entity. In Ketchum, the Eighth Circuit approved the district court's dismissal of Section 1983 claims against the West Memphis (Arkansas) Police Department and West Memphis Paramedic Services because those defendants were "not juridical entities suable as such. They are simply departments or subdivisions of the City government."*fn7

Because municipal police departments are not considered separate legal entities capable of being sued, Defendant's Motion to Dismiss is GRANTED.

IT IS SO ORDERED this 18th day of ...


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