Towers v. Wyandotte County Sheriff's Department, The et al

Filing 44

ORDER granting 41 Motion to Substitute Party Defendant filed by the Unified Government of Wyandotte County/Kansas City, Kansas. The Unified Government of Wyandotte County/Kansas City, Kansas is substituted as a party defendant in place of current Defendant Wyandotte County Sheriff's Office. The Clerk of the Court is hereby directed to make this substitution on the docket. The caption of all future pleadings shall reflect this substitution of the party defendant. Signed by Magistrate Judge Teresa J. James on 10/4/2018. (ts)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
Celisha S. Towers,
Plaintiff,
v.
Wyandotte County Sheriff’s
Office, et al.,
Defendants.
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Case No. 17-cv-2615-JAR-TJJ

ORDER
This matter is before the Court on the Motion to Substitute Party Defendant (ECF
No. 41) filed by the Unified Government of Wyandotte County/Kansas City, Kansas and
Wyandotte County Sheriff’s Office. The motion seeks an order substituting the Unified
Government of Wyandotte County/Kansas City, Kansas as a party defendant in place of
current Defendant Wyandotte County Sheriff’s Office. Upon consideration of the matter,
the Court will grant the motion.
The motion states that Plaintiff does not oppose joinder of the Unified
Government, but she does object to dismissal of Defendant Wyandotte County Sheriff’s
Office. The Sheriff’s Office lacks the capacity to be sued as a matter of law. See Mays v.
Wyandotte County Sheriff’s Dept., Case No. 15-9304-JAR, 2016 WL 81228, at * 1 (D.
Kan. Jan. 7, 2016); Fugate v. Unified Government of Wyandotte County/Kansas City,
Kansas, 161 F. Supp.2d 1261, 1266 (D. Kan. 2001). The proper defendant to this action
is the Unified Government of Wyandotte County/Kansas City, Kansas.
Because the Unified Government is substituted for the Wyandotte County
Sheriff’s Office as a defendant to this action, Plaintiff need not amend her complaint to

name the Unified Government. Nor does the Unified Government need to file a separate
answer. All pleadings and papers filed by the Wyandotte County Sheriff’s Office are
considered to have been filed by the Unified Government. The Unified Government has
waived service of process and therefore no service is necessary.
The Clerk of the Court is hereby directed to make this substitution on the docket.
The caption of all future pleadings shall reflect this substitution of the party defendant.
The Motion to Substitute Party Defendant (ECF No. 41) filed by the Unified
Government of Wyandotte County/Kansas City, Kansas and Wyandotte County Sheriff’s
Office is granted.
Dated this 4th day of October, 2018, at Kansas City, Kansas.

Teresa J. James
U. S. Magistrate Judge

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