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PAREDES v. CITY OF ODESSA

No. MO-00-CA-078.

128 F.Supp.2d 1009 (2000)

Bernardo PAREDES, Plaintiff, v. The CITY OF ODESSA, The Odessa Police Department, Motel 6, Isaac Hughes, Christopher C. Pipes in his Capacity as Commander of the Odessa Police Department, Unnamed Police Officer One and Unnamed Police Officer Two in their Official and Individual Capacities, and Does 1-5, Defendant.

United States District Court, W.D. Texas, Midland-Odessa Division.

Order Dismissing Motions, December 6, 2000.

Attorney(s) appearing for the Case

David K. Sergi, San Marcos, TX, for plaintiff.

William Stacy Trotter, Shafer, Gilliland, Davis, et al., Odessa, TX, for defendants City of Odessa and Odessa Police Dept. and Christopher C. Pipes.

David R. Noteware, Kellye R. Koehn, Thompson & Knight, L.L.P., Houston, TX, for defendant Motel 6.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

FURGESON, District Judge.

Before the Court is the Motion to Dismiss by the Defendant — the Odessa Police Department. The Defendant moves to dismiss the Plaintiff's suit pursuant to FED. R.CIV.PROC. 12(b)(6). The Defendant asserts that the Odessa Police Department lacks the legal existence and capacity to be sued for the constitutional and civil rights violations alleged in the Plaintiff's complaint. After...

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