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HEE v. EVERLOF

No. 2:92-CV-310.

812 F.Supp. 1350 (1993)

Steven HEE, Carl Hee, and Pamela Sicard, Plaintiffs, v. Officers T.C. EVERLOF, Daniel C. Doherty, Emmet B. Helrich, Charles B. Kirk, Michael K. Rice, P.M. Reilly, and Douglas S. Thorburn, Individually and as police officers for the City of Burlington, Kevin P. Scully, Chief of Police for the City of Burlington, the Burlington Police Department, and the City of Burlington, Defendants.

United States District Court, D. Vermont.

February 5, 1993.

Attorney(s) appearing for the Case

Eileen M. Blackwood, Blackwood & Kraynak, Burlington, VT, for plaintiffs.

Ritchie E. Berger, Dinse, Erdmann & Clapp, Burlington, VT, for defendant T.C. Everlof.

Nancy G. Sheahan, McNeil & Murray, Burlington, VT, for defendants Daniel C. Doherty, Emmet B. Helrich, Charles B. Kirk and Kevin P. Scully, Chief of Police, Burlington Police Dept. and City of Burlington.

James F. Carroll, Powers, English & Carroll, Middlebury, VT, for defendants Michael K. Rice, P.M. Reilly and Douglas S. Thorburn.

Christopher L. Davis, Langrock, Sperry & Wool, Burlington, VT, for defendant Douglas S. Thorburn.

OPINION AND ORDER

PARKER, Chief Judge.

Defendant, Burlington Police Department (the "Department"), has moved this Court to dismiss the action against it. The Department argues that it is not a suable governmental entity and therefore, plaintiff has failed to state a claim against it for which relief can be granted. Plaintiffs oppose the motion to dismiss, contending that since they have joined the City of Burlington as a party in this lawsuit, the Department...

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