FLORIDA CITY POLICE DEPARTMENT, APPELLANT,
v.
DANIEL CORCORAN, APPELLEE
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The Florida City Police Department appealed an order denying its motion to set aside a default judgment. The court reversed, holding that a police department is not a legal entity capable of being sued and therefore the default against it must be vacated.
The court held that the Florida City Police Department is not a proper defendant because it lacks the capacity to sue and be sued, as it is not a separate legal entity but rather an integral part of city government. The default judgment must be vacated and the action dismissed against the Police Department.
[1] A police department is not a legal entity subject to suit when it is an integral part of the city government through which the city fulfills its policing functions.
[2] A municipality, not its police department, is the proper defendant in a suit for damages arising from the actions of the police department.
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Join FLexlaw to unlock all legal intelligence“The Florida City Police Department is not a legal entity and does not have any legal existence separate and apart from Florida City itself.”
The uncontroverted affidavit establishing that the Police Department lacks separate legal capacity to be sued.
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Join FLexlaw to unlock all legal intelligenceDaniel Corcoran filed a lawsuit for damages naming the Florida City Police Department as defendant and obtained a default judgment. The City of Florid…
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COPE, Judge.
The City of Florida City appeals an order denying its motion to set aside a default. We reverse.
Plaintiff-appellee Daniel Corcoran filed a lawsuit for damages, naming as defendant the Florida City Police Department. He obtained a default. The City of Florida City’s motion to set aside the default was denied, and this appeal follows.
The City correctly asserts that the Florida City Police Department is not a proper defendant in a suit for damages because the Police Department does not have the capacity to sue and be sued. See Florida Medical Ass’n, Inc. v. Spires, 153 So. 2d 756, 757 (Fla. 1st DCA 1963).
Under Florida law, municipalities have the power to sue and be sued. See Art. VIII, § 2(b), Fla. Const. (1968); § 166.021, Fla.Stat. (Supp.1994); 13 Fla.Jur.2d Counties and Municipal Corporations § 290 (1979); 17 Eugene McQuillin, The Law of Municipal Corporations §§ 49.16, 49.17 (3d ed. 1993).
The City has filed an uncontroverted affidavit stating:
2. The City of Florida City (“Florida City”) is a municipality organized and existing under the laws of the State of Florida. Florida City provides services to its residents through various departments. Law enforcement services are provided through the Police Department. The Florida City Police Department is not a legal entity and does not have any legal existence separate and apart from Florida City itself.
“Where a police department is an integral part of the city government as the vehicle through which the city government fulfills its policing functions, it is not an entity subject to suit.” Eddy v. City of Miami, 715 F.Supp. 1553, 1556 (S.D.Fla. 1989); accord Post v. City of Ft. Lauderdale, 750 F.Supp. 1131, 1132 (S.D.Fla.1990); see also Dean v. Barber, 951 F. 2d 1210, 1214-15 (11th Cir.1992).
Here, the plaintiff has sued the Police Department, which does not have the capacity to be sued. The proper defendant, the City, was not joined as a defendant. Service of process was not accomplished on any of the city officials designated in subsection 48.111(1), Florida Statutes (1993).1 The default must be vacated. City of Hialeah v. Carroll, 324 So. 2d 639, 641 (Fla. 3d DCA 1976); Florida Medical Ass’n, Inc. v. Spires, 153 So. 2d at 757-58.2
The order under review is reversed and the cause remanded with directions to vacate the default and dismiss the action as to the Florida City Police Department. This ruling is without prejudice to the Plaintiff to amend the complaint to add the City as a defendant, and to serve process on the City in accordance with subsection 48.111(1), Florida Statutes.
Reversed and remanded with directions.
. Process was served on the police chief.
. As jurisdiction has not been properly established over the City, we need not reach the City’s contention that it has also shown excusable neglect and a meritorious defense. See City of Hialeah v. Carroll, 324 So. 2d at 641; Florida Medical Ass’n, Inc. v. Spires, 153 So. 2d at 758.
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Officer Curt Masson v. Miami-Dade Cnty., 738 So. 2d 431 (Fla. 3d DCA 1999)…eliminary matter, the plaintiffs brought suit against the Miami-Dade Police Department. The County Attorney correctly points out that the Police Department does not have the capacity to sue or be sued. See Florida City Police Department v. Corcoran, 661 So. 2d 409, 410 (Fla. 3d DCA 1995); Miami-Dade County Code § 2-91. By agreement of the County, we amend the caption to reflect the County as the proper defendant. As explained by the trial court: The material facts are not in dispute. The Plaintiffs are empl…
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Lederer v. Orlando Utils. Comm'n, 981 So. 2d 521 (Fla. 5th DCA 2008)…2008) (explaining that department created by state is generally considered separate entity while department created by city is not entity separate form municipality even though distinct city department); see also Fla. City Police Dep’t v. Corcoran, 661 So. 2d 409, 410 (Fla. 3d DCA 1995) (explaining that although city police department is integral part of city government, it is not entity subject to suit because it is merely “vehicle through which the city government fulfills its policing functions ...”); N.…
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Previewing 3 of 40 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dean v. Barber, 951 F.2d 1210 (11th Cir. 1992)
- Eddy v. City of Miami, 715 F. Supp. 1553 (S.D. Fla. 1989)
- Fla. Med. Ass'n, Inc. v. Spires, 153 So. 2d 756 (Fla. 1st DCA 1963)
- Post v. City of Fort Lauderdale, 750 F. Supp. 1131 (S.D. Fla. 1990)
- City OF Hialeah & Chester Webb v. Carroll, 324 So. 2d 639 (Fla. 3d DCA 1976)