Opinion
2:21-cv-150
06-21-2023
DEVONTE ABBAS, Plaintiff, v. HOBART POLICE DEPARTMENT, Defendant.
OPINION AND ORDER
Andrew P. Rodovich United States Magistrate Judge
This matter is before the court sua sponte. The parties have 14 days to object to a dismissal based on Sow v. Fortville Police Department, 636 F.3d 293, 300 (7th Cir. 2011). The United States Supreme Court has instructed that local government liability under § 1983 “is dependent on an analysis of state law.” McMillian v. Monroe County, 520 U.S. 781, 786, 117 S.Ct. 1734, 138 L.Ed.2d 1 (1997). Under Indiana law, a “[m]unicipal corporation” is a “unit, ... or other separate local governmental entity that may sue and be sued.” Ind. Code § 36-1-2-10. A “‘[u]nit‘ means county, municipality, or township,” Ind. Code § 36-1-2-23, and a “[m]unicipality” is a “city or town,” Ind. Code § 36-1-2-11. Thus, the Indiana statutory scheme does not grant municipal police departments the capacity to sue or be sued. See Martin v. Fort Wayne Police Dep't, 2010 WL 4876728, at *3 (N.D. Ind. 2010).