UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

DUANE MICHAEL WOOD,

Plaintiff,

v. Case No.: 2:25-cv-327-SPC-KCD

RACETRACK LLC, CAPE CORAL POLICE DEPARTMENT, and LEE COUNTY SHERIFF DEPARTMENT,

Defendants. /

OPINION AND ORDER Before the Court is Plaintiff Duane Michael Wood’s complaint (Doc. 1). Wood, a pretrial detainee at the Lee County Jail, sues Defendants Racetrack LLC, Cape Coral Police Department, and Lee County Sheriff’s Department under

. United States Magistrate Judge Kyle Dudek granted Wood leave to proceed in forma pauperis (Doc. 11), so the Court must review the complaint sua sponte to determine whether it is frivolous or malicious, fails to state a claim, or seeks monetary damages against a party who is immune from such relief. See 28 U.S.C. 1915(e)(2). Wood fails to state a claim. To state a claim under § 1983, a plaintiff “must allege that a person acting under color of state law deprived him of a federal right.” McIndoo v. Broward Cty.,

, 819 (11th Cir. 2018). Racetrack appears to be a private business entity and clearly did not operate under color of state law. So Wood fails to state a claim against Racetrack. As for the Cape Coral Police Department and Lee County Sheriff's Department, they are not legal entities subject to suit under § 1988. See, e.g., Dean v. Barber,

(11th Cir. 1992) (“Sheriff's departments and police departments are not usually considered legal entities subject to suit.” (citations omitted)); Taylor v. Hall, No. 5:25-CV-19-WFJ-PRL,

, at *38 (M.D. Fla. Jan. 29, 2025) (dismissing the plaintiffs claims against Citrus County Sheriffs Department because “it is not a legal entity subject to suit’); Lewis v. Bradenton Beach Police Dep't, No. 8:11-CV-18-T- 30AEP,

, at *3 (M.D. Fla. Apr. 1, 2011) (“Florida courts have consistently found that city police departments are not separate legal entities subject to suit.”). So Wood fails to state a claim against them too. Accordingly, it is now ORDERED: 1. This case is DISMISSED without prejudice. 2. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close the case. DONE and ORDERED in Fort Myers, Florida on June 18, 2025.

UNITED STATES DISTRICT JUDGE Copies: All Parties of Record