Norwood v. Simpson County Sheriff Department et al, No. 3:2013cv00606 - Document 8 (S.D. Miss. 2013)
Court Description: MEMORANDUM OPINION AND ORDER dismissing Sipson County Sheriff Department, as set out herein. Signed by District Judge Tom S. Lee on 10/21/13 (copy mailed to plaintiff at #152603, George County Regional Correctional Facility, 154 Industrial Park Road, Lucedale, MS 39452) (LWE) Modified on 10/21/2013 (LWE).
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION DEDRICK LARON NORWOOD, # 152603 VERSUS PLAINTIFF CAUSE NO. 3:13cv606-TSL-JMR SIMPSON COUNTY SHERIFF DEPARTMENT, MARY WEATHERSBY, FRED WILLIAMS, and DESMOND SMITH DEFENDANTS MEMORANDUM OPINION AND ORDER DISMISSING SHERIFF DEPARTMENT This case is before the court sua sponte. Pro se plaintiff Dedrick Laron Norwood is incarcerated with the Mississippi Department of Corrections and brings this action challenging the conditions of his prior confinement at the Simpson County Detention Center. The court has considered and liberally construed the pleadings. For the reasons below, defendant Simpson County Sheriff Department is dismissed. On April 12, 2013, Norwood was detained at the Simpson County Detention Center. for no reason. On that day, he claims he was tasered Although he was allegedly in pain and vomiting, he claims defendants then left him in a cell for three days, with no medical attention. He sues, among others, the Sheriff Department. The Sheriff Department s capacity to be sued is determined by Mississippi law. Fed. R. Civ. P. 17(b)(3). In Mississippi, a sheriff s department is not a separate legal entity which may be sued, rather it is an extension of the county. Brown v. Thompson, 927 So. 2d 733, 737 (ΒΆ12) (Miss. 2006). court dismisses the Sheriff Department. Therefore, the The remainder of the case will proceed. IT IS THEREFORE ORDERED AND ADJUDGED that, for the reasons stated above, defendant Simpson County Sheriff Department should be and is hereby DISMISSED. SO ORDERED, this the 21st day of October, 2013. /s/Tom S. Lee UNITED STATES DISTRICT JUDGE 2
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