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Colbert v. Metrop. Police Dep't. District 5

United States District Court, D. Columbia
Nov 3, 2010
Civil Action No. 10 1874 (D.D.C. Nov. 3, 2010)

Opinion

Civil Action No. 10 1874.

November 3, 2010


MEMORANDUM OPINION


This matter is before the Court on review of plaintiff's pro se complaint and application to proceed in forma pauperis. The application will be granted and the complaint will be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) (requiring dismissal of a complaint upon a determination that it fails to state a claim upon which relief can be granted).

Plaintiff, a District of Columbia resident, sues the District of Columbia Metropolitan Police Department ("MPD") for the response of its police officers to his 911 call for help after he was "assaulted by [a] gang of hoodlums." Compl. at 2. He seeks $500,000 in monetary damages. Allegedly, the unidentified MPD officers who arrived at the scene "showed very little interest" in plaintiff's plight and treated him "as if they were supposed to arrest me!" Id. Plaintiff concludes that he was discriminated against but he has supplied no facts supporting a claim of discrimination. Moreover, plaintiff has named as the sole defendant a District of Columbia department that cannot be sued in its own name. See Swinson v. D.C. Metro Police Dep't, No. 09-5202, 2010 WL 288798 (D.C. Cir. Jan. 7, 2010) (concluding that "[t]he district court [] properly concluded that the Metropolitan Police Department is not a separate suable entity") (citing Braxton v. Nat'l Capital Housing Auth., 396 A.2d 215, 216 (D.C. 1978)). A separate Order of dismissal accompanies this Memorandum Opinion.

Dated: October 29th 2010


Summaries of

Colbert v. Metrop. Police Dep't. District 5

United States District Court, D. Columbia
Nov 3, 2010
Civil Action No. 10 1874 (D.D.C. Nov. 3, 2010)
Case details for

Colbert v. Metrop. Police Dep't. District 5

Case Details

Full title:Antonio Colbert, Plaintiff, v. Metrop. Police Dep't. District 5, Defendant

Court:United States District Court, D. Columbia

Date published: Nov 3, 2010

Citations

Civil Action No. 10 1874 (D.D.C. Nov. 3, 2010)