UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION

CURT SHEFULSKY, ) ) Plaintiff, ) ) v. ) Case No. 2:23-cv-31 ) CITY OF GARY and GARY POLICE ) DEPARTMENT, ) ) Defendants. )

OPINION and ORDER

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,

(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.,

,

,

(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.,

, at *3 (N.D. Ind. 2010).

ENTERED this 16th day of December 2024. /s/ Andrew P. Rodovich United States Magistrate Judge