Palacios v. Salt Lake City Police Department

D. Utah

Palacios v. Salt Lake City Police Department

DecidedMarch 30, 2021

Docket2:20-cv-00714

StatusUnknown

This text of Palacios v. Salt Lake City Police Department (Palacios v. Salt Lake City Police Department) is published on Counsel Stack Legal Research, covering District Court, D. Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Palacios v. Salt Lake City Police Department, (D. Utah 2021).

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Opinion

THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH

PALACIOS, ELSA KARINA, as the Personal Representative of the ESTATE OF MEMORANDUM DECISION AND BERNARDO PALACIOS-CARBAJAL, ORDER GRANTING [10] DEFENDANT’S MOTION TO DISMISS Plaintiff, OFFICIAL CAPACITY CLAIMS

v. Case No. 2:20-cv-714-DBB-DAO

SALT LAKE CITY POLICE DEPT., District Judge David Barlow

Defendant.

Before the court is Defendant’s Motion to Dismiss, asking the court to dismiss Plaintiffs’ Complaint1 against Defendant Salt Lake City Police Department (“SLCPD”) for failure to state a claim for which relief may be granted.2 In response, Plaintiff filed a Notice of Non-Opposition.3 It is well established that police departments are not separate legal entities with the capacity to sue or be sued.4 Here, the court finds that SLCPD is not a separate legal entity but a department of Salt Lake City Corporation, also named in the lawsuit.5 Therefore, the court DISMISSES WITH PREJUDICE Plaintiff’s claims against the Salt Lake City Police Department.

1 Complaint, ECF No. 4, filed October 15, 2020. 2 Defendant’s Motion to Dismiss under Rule 12(b)(6) (“Motion to Dismiss”), ECF No. 10, filed October 26, 2020. 3 Plaintiff’s Response to Motion to Dismiss, ECF No. 14, filed November 9, 2020. 4 See Hinton v. Dennis, 362 Fed. Appx. 904, 907 (10th Cir. Jan. 25, 2010) (unpublished) (holding that governmental sub-units are not separable suable entities). 5 Motion to Dismiss at 2. Signed March 30, 2021. BY THE COURT:

David ow : United States District Judge

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THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH

PALACIOS, ELSA KARINA, as the Personal Representative of the ESTATE OF MEMORANDUM DECISION AND BERNARDO PALACIOS-CARBAJAL, ORDER GRANTING [10] DEFENDANT’S MOTION TO DISMISS Plaintiff, OFFICIAL CAPACITY CLAIMS

v. Case No. 2:20-cv-714-DBB-DAO

SALT LAKE CITY POLICE DEPT., District Judge David Barlow

Defendant.

Before the court is Defendant’s Motion to Dismiss, asking the court to dismiss Plaintiffs’ Complaint1 against Defendant Salt Lake City Police Department (“SLCPD”) for failure to state a claim for which relief may be granted.2 In response, Plaintiff filed a Notice of Non-Opposition.3 It is well established that police departments are not separate legal entities with the capacity to sue or be sued.4 Here, the court finds that SLCPD is not a separate legal entity but a department of Salt Lake City Corporation, also named in the lawsuit.5 Therefore, the court DISMISSES WITH PREJUDICE Plaintiff’s claims against the Salt Lake City Police Department.

1 Complaint, ECF No. 4, filed October 15, 2020. 2 Defendant’s Motion to Dismiss under Rule 12(b)(6) (“Motion to Dismiss”), ECF No. 10, filed October 26, 2020. 3 Plaintiff’s Response to Motion to Dismiss, ECF No. 14, filed November 9, 2020. 4 See Hinton v. Dennis, 362 Fed. Appx. 904, 907 (10th Cir. Jan. 25, 2010) (unpublished) (holding that governmental sub-units are not separable suable entities). 5 Motion to Dismiss at 2. Signed March 30, 2021. BY THE COURT:

David ow : United States District Judge

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Palacios v. Salt Lake City Police Department, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palacios-v-salt-lake-city-police-department-utd-2021.

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