Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00665-MRK

Document 40

Filed 09/27/2005

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ------------------------------------------------------X TERRENCE HENDERRSON : Plaintiff, : : vs. : : THE TOWN OF GREENWICH : POLICE DEPARTMENT : Defendant : ------------------------------------------------------X

CIVIL ACTION NO: 303CV665 (DJS)

September 23, 2005

OBJECTON TO MOTION TO DISMISS The plaintiff, formerly acting pro se, filed a lawsuit naming the Town of Greenwich Police Department as defendant. The defendant has filed an answer to the complaint on August 5, 2005. The defendant has again filed a Motion to Dismiss, (dated September 9, 2005), on the grounds that the police department as a sub unit of the municipality cannot itself be sued. The defendant has acknowledged that the Town of Greenwich was served with process in this action. The plaintiff is simultaneously filing an amendment to the complaint deleting "Police Department" from the named defendant. There is now no basis to dismiss the complaint. Therefore, the plaintiff objects to the defendant's Motion to Dismiss. RESPECTFULLY SUBMITTED TERRENCE HENDERSON BY:___________/S/____________ Raymond J. Rigat, Esq. His Attorney Gilbride & Rigat 23 East Main Street

Case 3:03-cv-00665-MRK

Document 40

Filed 09/27/2005

Page 2 of 2

Clinton, Connecticut 06413 Tel.: (860) 669-3273 Fax: (860) 669-3495 R. J. R. Federal Bar No.: ct 13320 e-mail: [email protected] CERTIFICATION This is to certify that a copy of the foregoing Objection to Motion to Dismiss has been mailed on September 23, 2005, to the following: Attorney Valerie E. Maze Greenwich Town Attorney's Office Town Hall, P.O. Box 2540 Greenwich, CT 06836-2540; AND Mr. Terrence Henderson Apartment 7C 5360 Broadway Bronx, New York 10463 ___________/S/_____________ Raymond J. Rigat, Esq.