Gabriel Wade Mills v. John Anderson

1The Honorable Susan Webber Wright, United States District Judge for the
Eastern District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 07-1702
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Pecolia Diggs, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Osceola, City of, *
* [UNPUBLISHED]
Appellee. *
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Submitted: March 7, 2008
Filed: March 26, 2008
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Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Pecolia Diggs, an African American formerly employed by the City of Osceola
police department, appeals the district court’s 1 adverse grant of summary judgment in
her Title VII action against the City, alleging racially motivated disparate treatment
and retaliatory termination. Having carefully reviewed the record and considered
Diggs’s arguments, we find no basis for reversal. See Jacob-Mua v. Veneman, 289
F.3d 517, 520 (8th Cir. 2002) (de novo standard of review). We also conclude there
is no merit in Diggs’s argument that the district court improperly coerced her into

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amending her complaint to substitute the City for the police department as defendant,
because the police department was not amenable to suit. See Ketchum v. City of West
Memphis, 974 F.2d 81, 82 (8th Cir. 1992) (police department was simply subdivision
of city government and not juridical entity suable as such).
Accordingly, we affirm. See 8th Cir. R. 47B.
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