King v. McCarter

Full title: RICKIE L. KING, Plaintiff, v. KEITH McCARTER, in both his individual and…

Court: United States District Court, E.D. Tennessee, at Tennessee

Date published: Aug 26, 2010

Civil Case No. 1:10-cv-185 (E.D. Tenn. Aug. 26, 2010)

Opinion

Civil Case No. 1:10-cv-185.

August 26, 2010

MEMORANDUM

CURTIS COLLIER, District Judge

Before the Court is a motion to dismiss filed by Defendant Niota Police Department (Court File No. 4), and brought pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff filed no response to this motion. The Court has carefully reviewed the pending motion and supporting memorandum (Court Files Nos. 4, 5). For the following reasons, Defendant's motion to dismiss will be GRANTED.

I. RELEVANT FACTS

According to Plaintiff's complaint, on December 24, 2009 Plaintiff was driving through the town of Niota, Tennessee when he was pulled over for speeding by Defendant Keith McCarter, an officer employed by Codefendant Niota Police Department. Following an argument with Officer McCarter about the reasonableness of the traffic stop, Officer McCarter placed Plaintiff under arrest for reckless driving and disorderly conduct. On the traffic citation, Officer McCarter wrote that Plaintiff refused to sign the citation, which Plaintiff alleges is untrue. Officer McCarter failed to appear in court on Plaintiffs' court date, and so the charges against Plaintiff were dismissed. Plaintiff contends the actions of Officer McCarter constituted wrongful arrest and abuse of process, in violation of his Fourth and Fourteenth Amendment rights. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 against Officer McCarter and Codefendants City of Niota and Niota Police Department.

II. STANDARD OF REVIEW

III. DISCUSSIONPage 3

12Thurman v. Pfizer Inc.484 F.3d 855859Papasan v. Allain478 U.S. 265286Thurman484 F.3d at 859Ashcroft v. Iqbal129 S. Ct. 193719498Id. 42 U.S.C. § 1983See Matthews v. Jones35 F.3d 10461049CP v. Alcoa Police Dep't 2010 WL 2698290Jones v. West Point Police Dep't2008 WL 474413

Since Defendant Niota Police Department is not a suable entity, Plaintiff's factual allegations, even if true, do not support a claim entitling Plaintiff to relief against this defendant. Accordingly, all claims against Defendant Niota Police Department will be dismissed.

An Order shall enter.