Wheeler v. Dayton Police Dept. et al

Filing 16

ORDER denying 10 Plaintiff's Motion for Default Judgment. Signed by Chief Magistrate Judge Sharon L Ovington on 5/6/2014. (rms)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ERIC D. WHEELER,

:

Plaintiff,

:

Case No. 3:13cv00290

:

District Judge Thomas M. Rose
Chief Magistrate Judge Sharon L. Ovington

vs.
DAYTON POLICE DEPARTMENT,
et al.,

:
:

Defendants.
:

ORDER

Plaintiff Eric D. Wheeler, a resident of Dayton, Ohio, brings this case pro se
naming as Defendants the Dayton Police Department, as well as Police Officers Michael
L. Skidmore, Charles Hurley, and Greg Mills. (Doc. #2, PageID# 12-13). Plaintiff
challenges the Officers’ actions during an incident at his apartment in August 2013. (Id.).
On September 25, 2013, Defendants Skidmore, Hurley, and Mills timely filed their
Answer. (Doc. #8). On March 24, 2014, Plaintiff filed a motion requesting default
judgment be entered against the Dayton Police Department because – unlike Defendants
Skidmore, Hurley, and Mills – it did not file an answer. (Doc. #10, PageID# 83).
Defendants thereafter filed a memorandum in opposition, contending the Dayton Police
Department is not sui juris, not an independent suable legal entity. (Doc. #11, PageID##
89-90).

Indeed, the Dayton Police Department is not sui juris and therefore Plaintiff may
not pursue claims against it. See Williams v. Dayton Police Dep’t., 680 F. Supp. 1075,
1080 (S.D. Ohio 1987); see also Jones v. Marcum, 197 F. Supp. 2d 991, 997 (S.D. Ohio
2002). Accordingly, Plaintiff’s request for default judgment against the Dayton Police
Department lacks merit.
IT IS THEREFORE ORDERED THAT:
Plaintiff’s Motion for Default Judgment (Doc. #10) is DENIED.

May 6, 2014
s/Sharon L. Ovington
Sharon L. Ovington
Chief United States Magistrate Judge

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