… 13 Assuming the Police Department is a non-jural entity, Simon’s naming the Police Department rather than the City of Phoenix as a defendant in his complaint is a purely technical error that does not warrant dismissal. The City of Phoenix has elected to carry out certain of its statutory powers through an organized police department. Compare A.R.S. § 9-240 (13), (17) (2008) (authorizing the City Council to suppress riots and prohibit prostitution, disorderly houses, and gambling) with Phoenix City Code § 2-119 (a), (b) (mandating that Police Department suppress riots and vice). When the City of Phoenix carries out its statutory power to suppress crime, it holds out the name “Phoenix Police Department” to the public. The factual allegations in the complaint implicate action the City took through its police officers. Therefore, a suit naming the Phoenix Police Department adequately refers to the City of Phoenix.

See the full article from “Leagle.com”



Leave a Reply