Davis v. Bexley Police Department

20 Citing cases

  1. Logue v. U.S. Marshals

    Case No. 1:13-cv-348 (S.D. Ohio Jun. 10, 2013)

    ervice, No. 2:11cv271, 2011 WL 1336575, at *2 (S.D. Ohio Apr. 5, 2011) (Kemp, M.J.) (Report & Recommendation) (holding that the complaint was subject to dismissal on screening because "[f]irst and foremost, the United States Marshals Service is not an entity which can be sued"); Petty v. Cnty. of Franklin, Ohio, 478 F.3d 341, 347 (6th Cir. 2007) (affirming the dismissal of the sheriff's office as a party because "under Ohio law, a county sheriff's office is not a legal entity capable of being sued for purposes of § 1983"); Schaffner v. Pell, No. 2:10cv374, 2010 WL 2572777, at *2 (S.D. Ohio June 21, 2010) (citing Tysinger v. Police Dep't of City of Zanesville, 463 F.3d 569, 572 (6th Cir. 2006)) ("A police department is not a juridical entity subject to suit under Ohio law."); see also Davis v. Middletown Police Dep't, No. 1:13cv83, 2013 WL 503130, at *3 (S.D. Ohio Feb. 8, 2013) (Litkovitz, M.J.) (Report & Recommendation), adopted, 2013 WL 811936 (S.D. Ohio Mar. 5, 2013) (Beckwith, J.); Davis v. Bexley Police Dep't, No. 2:08cv750, 2009 WL 414269, at *2 (S.D. Ohio Feb. 17, 2009) (citing Jones v. Marcum, 197 F. Supp.2d 991, 997 (S.D. Ohio 2002)); State v. Elizabethtown Police Dep't, Civ. Act. No. 3:09-CV-569-H, 2010 WL 1196193, at *2 (W.D. Ky. Mar. 23, 2010). As the district court explained in ruling that police departments/county sheriff's offices are not legal entities subject to suit in Davis v. Bexley Police Dep't, supra, 2009 WL 414269, at *2:

  2. Nichols v. Warnecke

    2:24-cv-00104 (S.D. Ohio Dec. 19, 2024)

    They are only the vehicles through which municipalities fulfill their policing functions.” Davis v. Bexley Police Dept., No. 2:08-cv-750, 2009 WL 414269, at *2 (S.D. Ohio Feb. 17, 2009) (citing Williams v. Dayton Police Dept., 680 F.Supp. 1075, 1080 (S.D. Ohio 1987)). “Thus, police departments are not proper § 1983 defendants as they are ‘merely sub-units of the municipalities they serve.'” Id. (quoting Jones v. Marcum, 197 F.Supp.2d 991, 997 (S.D. Ohio 2002)).

  3. Smith v. Schwarck

    2:24-cv-3344 (S.D. Ohio Sep. 18, 2024)

    However, plaintiff has failed to state a viable claim against the county sheriff's office or the Bridgetown police department because they are not entities capable of being sued. See Davis v. Bexley Police Dep't, No. 2:08cv750, 2009 WL 414269, at *2 (S.D. Ohio Feb. 17, 2009) (citing Jones v. Marcum, 197 F.Supp.2d 991, 997 (S.D. Ohio 2002)); see also Petty v. Cnty. of Franklin, Ohio, 478 F.3d 341, 347 (6th Cir. 2007) (affirming the dismissal of the sheriff's office as a party because “under Ohio law, a county sheriff's office is not a legal entity capable of being sued for purposes of § 1983”); Schaffner v. Pell, No. 2:10cv374, 2010 WL 2572777, at *2 (S.D. Ohio June 21, 2010) (citing Tysinger v. Police Dep't of City of Zanesville, 463 F.3d 569, 572 (6th Cir. 2006)) (“A police department is not a juridical entity subject to suit under Ohio law.”).

  4. Sowell v. The Ohio State Univ.

    2:24-cv-873 (S.D. Ohio Apr. 29, 2024)   Cited 1 times

    . See also Davis v. Bexley Police Dep't, No. 2:08cv750, 2009 WL 414269, at *2 (S.D. Ohio Feb. 17, 2009) (citing Jones v. Marcum, 197 F.Supp.2d 991, 997 (S.D. Ohio 2002) (finding that a police department is not an entity capable of being sued and therefore not a proper § 1983 defendant); Siegler v. Ohio State University, Case No. 2:11-cv-170, 2011 WL 4348131, at *6 (S.D. Ohio May 23, 2011) (extending Eleventh Amendment immunity to the “OSU Police Division”) (Report and Recommendation), adopted, 2011 WL 4348131 (S.D. Ohio Sept. 16, 2011).

  5. Sharaydeh v. Warren Cnty.

    1:23-cv-409 (S.D. Ohio Apr. 15, 2024)   Cited 2 times

    “Under § 1983, a municipality may only be held liable if the municipality itself caused the constitutional violation.” Davis v. Bexley Police Dep't, No. 2:08-cv-750, 2009 WL 414269, at *2 (S.D. Ohio Feb. 17, 2009) (citation omitted) (emphasis added). That is to say, a municipality is only liable under § 1983 “when execution of a government's policy or custom ... inflicts the injury.”

  6. Caldwell v. W. Chester Police Dep't

    1:21-cv-657 (S.D. Ohio Nov. 8, 2021)

    Plaintiff has failed to state a viable claim against the police department because it is not an entity that is capable of being sued. See Davis v. Bexley Police Dep't, No. 2:08cv750, 2009 WL 414269, at *2 (S.D. Ohio Feb. 17, 2009) (citing Jones v. Marcum, 197 F.Supp.2d 991, 997 (S.D. Ohio 2002)); see also Petty v. Cnty. of Franklin, Ohio, 478 F.3d 341, 347 (6th Cir. 2007) (affirming the dismissal of the sheriff's office as a party because “under Ohio law, a county sheriff's office is not a legal entity capable of being sued for purposes of § 1983”); Schaffner v. Pell, No. 2:10cv374, 2010 WL 2572777, at *2 (S.D. Ohio June 21, 2010) (citing Tysinger v. Police Dep't of City of Zanesville, 463 F.3d 569, 572 (6th Cir. 2006)) (“A police department is not a juridical entity subject to suit under Ohio law.”).

  7. Magee v. Union Twp. Police Dep't

    1:21-cv-22 (S.D. Ohio Mar. 18, 2021)

    The complaint must also be dismissed against the Union Township Police Department and K9 Officer Havok. Plaintiff has failed to state a viable claim against the police department because it is not an entity that is capable of being sued. See Davis v. Bexley Police Dep't, No. 2:08cv750, 2009 WL 414269, at *2 (S.D. Ohio Feb. 17, 2009) (citing Jones v. Marcum, 197 F.Supp.2d 991, 997 (S.D. Ohio 2002)); see also Petty v. Cnty. of Franklin, Ohio, 478 F.3d 341, 347 (6th Cir. 2007) (affirming the dismissal of the sheriff's office as a party because “under Ohio law, a county sheriff's office is not a legal entity capable of being sued for purposes of § 1983”); Schaffner v. Pell, No. 2:10cv374, 2010 WL 2572777, at *2 (S.D. Ohio June 21, 2010) (citing Tysinger v. Police Dep't of City of Zanesville, 463 F.3d 569, 572 (6th Cir. 2006)) (“A police department is not a juridical entity subject to suit under Ohio law.”). As the district court explained in Davis, supra, 2009 WL 414269, at *2:

  8. Readnour v. St. of Ohio

    Case No. 1:20-cv-111 (S.D. Ohio May. 19, 2020)

    Municipalities cannot be held vicariously liable under 42 U.S.C. § 1983 based on the theory of respondeat superior for injuries inflicted solely by their employees or agents. See Iqbal, 556 U.S. at 676; Monell v. New York City Dep't of Soc. Services, 436 U.S. 658, 690-92 (1978); Gregory v. Shelby Cnty., Tennessee, 220 F.3d 433, 441 (6th Cir. 2000); see also Davis v. Bexley Police Dept., No. 2:08-cv-750, 2009 WL 414269, at *2 (S.D. Ohio Feb. 17, 2009) ("A plaintiff may not rely on the doctrine of respondeat superior to find a government entity liable under § 1983 when the claim is founded solely on an allegation that its agent caused the injury."). To state a claim for relief under § 1983 against a municipality, the plaintiff must allege that his "injuries were the result of an unconstitutional policy or custom" of the municipality.

  9. Helfrich v. City of Pataskala

    Case No. 2:19-cv-4825 (S.D. Ohio Apr. 13, 2020)

    Municipalities cannot be held vicariously liable under 42 U.S.C. § 1983 based on the theory of respondeat superior for injuries inflicted solely by their employees or agents. Monell v. New York City Dep't of Soc. Services, 436 U.S. 658, 690-92 (1978); Gregory v. Shelby Cnty., Tennessee, 220 F.3d 433, 441 (6th Cir. 2000); see also Davis v. Bexley Police Dept., No. 2:08-cv-750, 2009 WL 414269, at *2 (S.D. Ohio Feb. 17, 2009) ("A plaintiff may not rely on the doctrine of respondeat superior to find a government entity liable under § 1983 when the claim is founded solely on an allegation that its agent caused the injury."). Courts have extended Monell to 42 U.S.C. § 1985.

  10. Harris v. Stephens

    Case No. 2:18-cv-600 (S.D. Ohio Dec. 31, 2019)

    Jones v. Marcum, 197 F. Supp. 2d 991, 997 (S.D. Ohio 2002); see also Goodwin v. Cnty. of Summit, Ohio, 45 F. Supp. 3d 692, 698 (N.D. Ohio 2014). "They are . . . vehicles through which municipalities fulfill their policing functions." Davis v. Bexley Police Dept., No. 2:08-cv-750, 2009 WL 414269, at *2 (S.D. Ohio Feb. 17, 2009). CPD cannot be held liable independent of the City of Columbus.