SOW v. UNITED STATES OF AMERICA et al, No. 1:2008cv00983 - Document 73 (S.D. Ind. 2010)
Court Description: ENTRY granting Defendant's 56 Motion for Summary Judgment. Signed by Judge Richard L. Young on 4/13/2010. (PG)
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SOW v. UNITED STATES OF AMERICA et al Doc. 73 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ) ) ) ) vs. ) ) FORTVILLE POLICE DEPARTMENT, ) MCCORDSVILLE POLICE DEPARTMENT, and OFFICER MICHAEL ) ) FULLER (in his individual and official ) capacities), ) Defendants. MOUHAMADOU M. SOW, Plaintiff, 1:08-0983-RLY-JMS ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT Plaintiff, Mouhamadou M. Sow (“Plaintiff”), filed a lawsuit against, inter alia, the McCordsville Police Department (“MPD”), alleging violations of his constitutional rights arising out of events related to his arrest on November 19, 2007, for Forgery. The MPD now moves for summary judgment on grounds that it is not the proper party because it lacks the capacity to sue or be sued. The court agrees. “A city’s police department is merely a vehicle through which the city government fulfills its policy functions and is not a proper party defendant.” Jones v. Bowman, 694 F.Supp. 538, 544 (N.D. Ind. 1988); Curry v. Consol. City of Indianapolis, 2002 U.S. Dist. LEXIS 7083, at * 18 (S.D. Ind. 1 Dockets.Justia.com Feb. 27, 2002). The court therefore GRANTS the MPD’s motion for summary judgment (Docket # 56). SO ORDERED this 13th day of April 2010. __________________________________ RICHARD L. YOUNG, CHIEF JUDGE RICHARD L. YOUNG, CHIEF JUDGE United States District Court United States District Court Southern District of Indiana Southern District of Indiana Electronic Copies to: Swaray Edward Conteh contehlaw@att.net Kirk A. Horn MANDEL HORN MCGRATH & REYNOLDS, P.C. khorn@mhmrlaw.com Kyle A. Jones NORRIS CHOPLIN & SCHROEDER LLP kjones@ncs-law.com 2
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