Opinion
2:23-cv-31
12-16-2024
CURT SHEFULSKY, Plaintiff, v. CITY OF GARY and GARY POLICE DEPARTMENT, Defendants.
OPINION AND ORDER
Andrew P. Rodovich United States Magistrate Judge
This matter is before the court sua sponte. The parties have 7 days to object to a dismissal of the Gary Police Department 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 Cty., 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 “[municipality” 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).