Meske v. Renzelman et al

Filing 55

ORDER DENYING DEFENDANTS' MOTION FOR DISMISSAL OF DEFENDANT ASOTIN COUNTY SHERIFF'S DEPARTMENT, denying 32 Motion to Dismiss for Failure to State a Claim. Signed by Judge Salvador Mendoza, Jr. (LR, Case Administrator)

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1 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 3 4 LILIANA M. MESKE, No. 2:15-cv-00359-SMJ 5 Plaintiff, 6 v. 7 8 9 10 11 AMANDA RENZELMAN, individually and in her official capacity; DON W. ANDERSON, individually and in his official capacity; ASOTIN COUNTY SHERIFF’S DEPARTMENT; ASOTIN COUNTY, a political subdivision of the State of Washington; and DOES 1-10, ORDER DENYING DEFENDANTS’ MOTION FOR DISMISSAL OF DEFENDANT ASOTIN COUNTY SHERIFF’S DEPARTMENT Defendants. 12 13 Defendants move to dismiss Defendant Asotin County Sheriff’s Office. 14 ECF No. 32. Defendants argue that the Sheriff’s Department is not an independent 15 entity capable of being sued. ECF No. 32 at 3–4. “It is beyond dispute that a local 16 governmental unit or municipality can be sued as a ‘person’ under section 1983.” 17 Hervey v. Estes, 65 F.3d 784, 791 (9th Cir. 1995). This includes county sheriff’s 18 departments. See Jackson v. Barnes, 749 F.3d 755, 766 (9th Cir. 2014) (holding 19 that Sheriff’s Department was subject to suit under § 1983 for its investigative 20 activities). ORDER - 1 1 Accordingly, IT IS HEREBY ORDERED: 2 1. Sheriff’s Department, ECF No. 32, is DENIED. 3 4 5 6 Defendants’ Motion for Dismissal of Defendant Asotin County IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and provide copies to all counsel. DATED this 4th day of August 2017. 7 __________________________ SALVADOR MENDOZA, JR. United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDER - 2

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