Pittman v. Rutherford

3 Citing cases

  1. Divine v. Hamilton Cnty.

    1:24-cv-564 (S.D. Ohio Jan. 13, 2025)

    Other courts view lack of capacity as an affirmative defense that courts should handle through a motion to dismiss for failure to state a claim. See, e.g., Pittman v. Rutherford, Civ. Case No. 19-36, 2019 WL 5558572, at *3 (E.D. Ky. Oct 28, 2019) (“If a defendant lacks the capacity to be sued, [the p]laintiff fails to state a claim against it upon which relief can be granted, and claims against that defendant must be dismissed.” (cleaned up)). In any event, regardless of how the Court views HCSO's lack of capacity (i.e., as a jurisdictional deficiency or an affirmative defense), the result is the same-under Ohio law, Divine cannot bring her suit against HCSO in any court, so the Complaint must be dismissed with prejudice as to that entity.

  2. Estate of Marr v. City of Glasgow

    Civil Action 1:21-CV-00050-GNS-HBB (W.D. Ky. Mar. 18, 2022)

    Pittman v. Rutherford, No. 19-36-DLB-CJS, 2019 WL 5558572, at *3 (E.D. Ky. Oct. 28, 2019) (internal quotation marks omitted) (citation omitted). Typically, determining whether a governmental entity may be sued requires looking at “the nature of the defendants and allegations, and the function of the entity indicate the claim is essentially against the county or city.” Id.

  3. Estate of Marr v. City of Glasgow

    Civil Action 1:21-CV-00050-GNS-HBB (W.D. Ky. Mar. 18, 2022)

    “If a defendant lacks the capacity to be sued, [p]laintiff fails to state a claim against it upon which relief can be granted, and claims against that defendant must be dismissed.” Pittman v. Rutherford, No. 19-36-DLB-CJS, 2019 WL 5558572, at *3 (E.D. Ky. Oct. 28, 2019) (internal quotation marks omitted) (citation omitted).