Opinion
2:09-cv-0680-LRH-PAL
08-10-2011
ORDER
Before the court is the Henderson Police Department's ("HPD") motion to dismiss. Doc. #33. HPD contends that it is not a separate political subdivision of the City of Henderson and, therefore, is not capable of being sued as a separate legal entity. The court agrees.
Because plaintiff Adam Fradella has named the proper legal entity, the City of Henderson, as a defendant, the court shall grant HPD's motion to dismiss.
IT IS THEREFORE ORDERED that defendant's motion to dismiss (Doc. #33) is GRANTED. Defendant Henderson Police Department is DISMISSED as a defendant in this action.
IT IS SO ORDERED.
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE