There are a couple of underlying claims raised in this Complaint (including one, the NIED claim, that the Court is dismissing without prejudice, but which Gray could perhaps replead with more facts) to which punitive damages might attach if Gray were to succeed on them and to make certain factual showings. Gibson Bros. v. Oberlin Coll., 187 N.E.3d 629, 654 (Ohio Ct. App. 2022) (IIED); Gilbert v. WNIR 100 FM, 756 N.E.2d 1263, 1277 (Ohio Ct. App. 2001) (defamation); Dimora v. Ne. Ohio Corr. Ctr., No. 4:14-cv-1221, 2015 WL 1119768, at *2 (N.D. Ohio Mar. 11, 2015) (NIED). And Gray still includes a request for punitive damages in her prayer for relief.
As non-jural entities, Aetna, Aetna Insurance Company, and Aetna Corp. are disregarded for diversity purposes." (citation omitted)); Dimora v. Ne. Ohio Corr. Ctr., No. 4:14CV1221, 2015 WL 1119768, at *3 (N.D. Ohio Mar. 11, 2015) ("NEOCC is a non-jural entity that does not have a separate legal existence. Therefore, the Court need not consider the citizenship of NEOCC in determining whether diversity citizenship exists.").
See, e.g., Thome v. Lake Erie Corr. Med. Mgmt. & Training Corp., No. 1:11 CV 2581, 2012 WL 273612, at *2 (N.D. Ohio Jan. 27, 2012) (dismissing pro se prisoner's claims under 1915(e) and stating that Lake Erie Correctional Institution was not a legal entity capable of being sued because it was a facility owned and operated by MTC); Picone v. United States Marshal Serv., No. 4:15CV2033, 2016 WL 5118303, at *4 (N.D. Ohio Sept. 21, 2016) (dismissing pro se prisoner's claim against private prison owned and operated by a private corporation because prison was a non-jural entity); Dimora v. Ne. Ohio Corr. Ctr., No. 4:14CV1221, 2015 WL 1119768, at *3 (N.D. Ohio Mar. 11, 2015) (dismissing pro se claims against NEOCC because it is a facility owned and operated by a private corporation and does not have a separate legal existence allowing it to sue or be sued). More importantly, however, Plaintiff's allegations fail to suggest a constitutional violation giving rise to a claim under § 1983.
McNamara Decl. ¶ 3, ECF No. 1-4. As non-jural entities, Aetna, Aetna Insurance Company, and Aetna Corp. are disregarded for diversity purposes. See Dimora v. Ne. Ohio Corr. Ctr., No. 4:14CV1221, 2015 WL 1119768, at *3 (N.D. Ohio Mar. 11, 2015). Magistrate Judge Jolson issued a Report and Recommendation ("R&R") on Plaintiff's motion to remand.
Since NEOCC is a non-jural entity, a claim cannot be sustained against it. See, e.g., Dimora v. Ne. Ohio Corr. Ctr., No. 4:14CV1221, 2015 WL 1119768, at *3 (N.D. Ohio Mar. 11, 2015) (dismissing NEOCC because it is a "non-jural entity" that "cannot sue nor be sued as a separate legal entity") (quotation marks and citation omitted).