Reyes v. Park County

Full title: MOISES CARRANZA REYES, Plaintiff, v. PARK COUNTY, a public entity of the…

Court: United States District Court, D. Colorado

Date published: Nov 3, 2005

Civil Action No. 05-cv-00377-WDM-BNB (D. Colo. Nov. 3, 2005)

Opinion

Civil Action No. 05-cv-00377-WDM-BNB.

November 3, 2005

ORDER ON MOTION TO DISMISS

WALKER MILLER, District Judge

This case is before me on the motion to dismiss defendants Park County and Park County Sheriff's Office, filed July 18, 2005, on the ground that these two entities are properly sued only through the Park County Board of County Commissioners (the Board) and Sheriff Wegener in his official capacity. Plaintiff opposes the motion. For the reasons that follow, the motion will be granted.

Under Colorado law, a suit against a county must be brought against the board of county commissioners. C.R.S. § 30-11-105. Here, Plaintiff has sued both Park County and the Board. Pursuant to § 30-11-105, only the suit against the Board is proper.

Plaintiff relies on Wigger v. McKee, 809 P.2d 999 (Colo.App. 1990), to argue that he has properly sued Park County. Wigger addressed whether a county is a "person" for purposes of 42 U.S.C. § 1983. Moreover, the opinion expressly states that the defendant, Arapahoe County, was "sued properly in the name of The Board of County Commissioners of Arapahoe County." Id. at 1003. Because Plaintiff has sued the Board here, the suit against Park County is improper and redundant.

Plaintiff's claims against the Park County Sheriff's Office should be construed as claims against Sheriff Wegener in his official capacity. Cortese v. Black, 838 F. Supp. 485, 496 (D. Colo. 1993). Although Plaintiff asserts that the Park County Sheriff's Department has final decision-making authority under state law, the statutes cited refer to the duties and authority of a sheriff, not his or her department. C.R.S. § 30-10-501, et seq. Further, Colorado law places the liability for actions by the sheriff or his or her deputies on the sheriff rather than on a department. See, e.g., § 30-10-506. Finally, because Plaintiff has sued Sheriff Wegener in his official capacity, as well as the Board, the claims against the Sheriff's Office are redundant, and their deletion does not alter any of the remedies available to Plaintiff.

Accordingly, it is ordered:

1. The motion to dismiss, filed July 18, 2005, is granted.

2. Park County and Park County Sheriff's Office are dismissed from this case.

3. The caption of the case shall be amended to delete Park County and Park County Sheriff's Office as defendants.