MCCARTHY v. CITY OF GREENWOOD, INDIANA et al, No. 1:2019cv02501 - Document 14 (S.D. Ind. 2019)

Court Description: ENTRY DISMISSING ACTION AND DIRECTING ENTRY OF FINAL JUDGMENT - For these reasons and the reasons explained in greater detail in the screening Entry of October 24, 2019, this action must be dismissed for failure to state a claim upon which relief can be granted. 28 U.S.C. § 1915A(b). Judgment consistent with this Entry shall now issue (SEE ENTRY FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 11/18/2019. Copy to Plaintiff via US Mail. (DWH)

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MCCARTHY v. CITY OF GREENWOOD, INDIANA et al Doc. 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION JAMESON MCCARTHY, ) ) Plaintiff, ) ) v. ) ) CITY OF GREENWOOD, INDIANA, ) CITY OF INDPLS, ) INDIANA POLITICAL SUBDIVISION, ) INDIANAPOLIS METROPOLITAN POLICE, ) ) Defendants. ) No. 1:19-cv-02501-JPH-DML ENTRY DISMISSING ACTION AND DIRECTING ENTRY OF FINAL JUDGMENT On October 24, 2019, the Court dismissed Plaintiff’s complaint because it failed to state a claim upon which relief can be granted. See 28 U.S.C. 1915A(b); dkt. 11. Plaintiff alleged that he was unlawfully tased by a police officer and sued the four Defendants under 42 U.S.C. § 1983. Dkt. 1. His claims against the City of Greenwood and the City of Indianapolis were dismissed because he failed to allege facts to establish Monell liability; his claims against the remaining two defendants were dismissed because they are not “persons” under section 1983. Dkt. 11. Plaintiff was given the opportunity to show cause why his complaint should not be dismissed. Id. Plaintiff responded to the show cause order by stating that he meant to bring a claim against the Greenwood Police Department only. Dkt. 13. The Court accepts this revision, but even when the complaint is amended to bring claims against only the Greenwood Police Department, it still fails to state a 1 Dockets.Justia.com claim upon which relief can be granted. As the Court stated in its screening order, Plaintiff has failed to allege facts establishing Monell liability. Dkt. 11. Without a basis for Monell liability, the Greenwood Police Department cannot be held vicariously liable under section 1983 for the actions of its employees. For these reasons and the reasons explained in greater detail in the screening Entry of October 24, 2019, this action must be dismissed for failure to state a claim upon which relief can be granted. 28 U.S.C. § 1915A(b). Judgment consistent with this Entry shall now issue. SO ORDERED. Date: 11/18/2019 Distribution: JAMESON MCCARTHY 178672 INDIANA STATE PRISON INDIANA STATE PRISON Inmate Mail/Parcels One Park Row MICHIGAN CITY, IN 46360 2

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