Opinion
No. 05-2310 Ma/P.
November 28, 2005
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS
Before the court is a Motion to Dismiss filed on June 17, 2005, by Defendants Tipton County, Tennessee ("the County"), Tipton County Sheriff's Department ("the Department"), Sheriff C.D. Lewis ("Lewis"), in his official capacity, and Captain J.B. Mitchell ("Mitchell"), in his official capacity. In their motion, Defendants assert that the claims against the Department should be dismissed because it is not an entity that can be sued, that the claims against Lewis and Mitchell should be dismissed because an action against them in their official capacity is an action against the County, which is already a party to the suit, and that the demand for punitive damages should be dismissed because such damages are not available against a government entity.
Plaintiff Marcus Kanard Payne ("Payne") filed a response on July 14, 2005, conceding all of Defendants' arguments to be correct. Therefore, Defendants' Motion to Dismiss the claims against Defendants Tipton County Sheriff's Department, Sheriff C.D. Lewis, in his official capacity, and Captain J.B. Mitchell, in his official capacity is GRANTED. The Motion to Dismiss Payne's demand for punitive damages is also GRANTED.
So Ordered.