Opinion
Case No. 2:20-cv-714-DBB-DAO
03-30-2021
PALACIOS, ELSA KARINA, as the Personal Representative of the ESTATE OF BERNARDO PALACIOS-CARBAJAL, Plaintiff, v. SALT LAKE CITY POLICE DEPT., Defendant.
MEMORANDUM DECISION AND ORDER GRANTING [10] DEFENDANT'S MOTION TO DISMISS OFFICIAL CAPACITY CLAIMS
Before the court is Defendant's Motion to Dismiss, asking the court to dismiss Plaintiffs' Complaint against Defendant Salt Lake City Police Department ("SLCPD") for failure to state a claim for which relief may be granted. In response, Plaintiff filed a Notice of Non-Opposition. It is well established that police departments are not separate legal entities with the capacity to sue or be sued. Here, the court finds that SLCPD is not a separate legal entity but a department of Salt Lake City Corporation, also named in the lawsuit. Therefore, the court DISMISSES WITH PREJUDICE Plaintiff's claims against the Salt Lake City Police Department.
Complaint, ECF No. 4, filed October 15, 2020.
Defendant's Motion to Dismiss under Rule 12(b)(6) ("Motion to Dismiss"), ECF No. 10, filed October 26, 2020.
Plaintiff's Response to Motion to Dismiss, ECF No. 14, filed November 9, 2020.
See Hinton v. Dennis, 362 Fed. Appx. 904, 907 (10th Cir. Jan. 25, 2010) (unpublished) (holding that governmental sub-units are not separable suable entities).
Motion to Dismiss at 2. --------
Signed March 30, 2021.
BY THE COURT:
/s/_________
David Barlow
United States District Judge