McGill v. Hammond Police Department

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION

KELVIN MCGILL & PAMELA HORNE, ) ) Plaintiffs, ) ) v. ) CAUSE NO.: 2:24-CV-281 ) HAMMOND POLICE DEPARTMENT ) & CITY OF HAMMOND, INDIANA, ) ) Defendants. )

OPINION AND ORDER

This matter is before the court sua sponte. The parties have 7 days to object to a dismissal of the Hammond 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 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 28th day of October, 2024. /s/ Andrew P. Rodovich___________________ United States Magistrate Judge