Mohammad v. Albuquerque Police Department

ORDER AND JUDGMENT *

Robert E. Bacharach Circuit Judge

This action grew out of an arrest and detention in Albuquerque, New Mexico. The arrestee, Mr. Khalid Mohammad, sued the Albuquerque Police Department, invoking 42 U.S.C. § 1983 and the New Mexico Tort Claims Act, N.M. Stat. Ann. § 41-4-12. The district court dismissed the complaint without prejudice, and we affirm.

I. Standard of Review

“We review de novo the dismissal of a complaint for failure to state a claim.... ” Childs v. Miller, 713 F.3d 1262, 1264 (10th Cir. 2013).

II. The Albuquerque Police Department is not a “person” under 42 U.S.C.…