Abbas v. Hobart Police Department

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION DEVONTE ABBAS, ) ) Plaintiff, ) ) v. ) Case No. 2:21-cv-150 ) HOBART POLICE DEPARTMENT, ) ) Defendant. ) OPINION AND ORDER 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).

ENTERED this 21st day of June, 2023. /s/ Andrew P. Rodovich United States Magistrate Judge