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McBride v. Jackson County Narcotics Task Force

United States District Court, Fifth Circuit

January 10, 2014

RICO O. McBRIDE, Plaintiff,
v.
JACKSON COUNTY NARCOTICS TASK FORCE et al., Defendants.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS THE JACKSON COUNTY NARCOTICS TASK FORCE AND THE JACKSON COUNTY SHERIFF'S DEPARTMENT

HALIL SULEYMAN OZERDEN, District Judge.

BEFORE THE COURT is the Motion to Dismiss [2] pursuant to Federal Rule of Civil Procedure 12(b)(6), filed by the Jackson County Narcotics Task Force and Jackson County Sheriff's Department. Plaintiff Rico O. McBride, proceeding pro se, has filed a Response [3]. For the following reasons, Defendants' Motion should be granted.

The Jackson County Narcotics Task Force and Jackson County Sheriff's Department are not proper parties to this suit because they are not political subdivisions or separate legal entities in and of themselves but rather are merely extensions of Jackson County, Mississippi. Bradley ex rel. Wrongful Death Beneficiaries of Bradley v. City of Jackson, No. 3:08-cv-261-TSL-JCS, 2008 WL 2381517, *2 (S.D.Miss. June 5, 2008)(collecting cases). Claims related to the alleged acts of the Jackson County Narcotics Task Force and Jackson County Sheriff's Department must be brought against Jackson County, Mississippi. Hearn v. Hinds Co. Bd. Sup'rs, No. 3:11cv662-DPJ-FKB, 2012 WL 3913423, *4 (S.D.Miss. Sept. 7, 2012)(collecting cases). Accordingly, the Jackson County Narcotics Task Force and Jackson County Sheriff's Department should be dismissed as parties and the claims against them dismissed.

IT IS, THEREFORE, ORDERED AND ADJUDGED that, the Motion to Dismiss [2] pursuant to Federal Rule of Civil Procedure 12(b)(6), filed by the Jackson County Narcotics Task Force and Jackson County Sheriff's Department is GRANTED, and Plaintiff's claims against the Jackson County Narcotics Task Force and Jackson County Sheriff's Department are dismissed.

IT IS, FURTHER, ORDERED AND ADJUDGED that, the Clerk of Court shall correct the caption of this case by terminating the following parties: Jackson County Narcotics Task Force and Jackson County Sheriff's Department.

SO ORDERED AND ADJUDGED.


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