Meske v. Renzelman et al
Filing
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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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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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LILIANA M. MESKE,
No. 2:15-cv-00359-SMJ
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Plaintiff,
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v.
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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.
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Defendants move to dismiss Defendant Asotin County Sheriff’s Office.
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ECF No. 32. Defendants argue that the Sheriff’s Department is not an independent
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entity capable of being sued. ECF No. 32 at 3–4. “It is beyond dispute that a local
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governmental unit or municipality can be sued as a ‘person’ under section 1983.”
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Hervey v. Estes, 65 F.3d 784, 791 (9th Cir. 1995). This includes county sheriff’s
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departments. See Jackson v. Barnes, 749 F.3d 755, 766 (9th Cir. 2014) (holding
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that Sheriff’s Department was subject to suit under § 1983 for its investigative
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activities).
ORDER - 1
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Accordingly, IT IS HEREBY ORDERED:
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Sheriff’s Department, ECF No. 32, is DENIED.
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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.
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__________________________
SALVADOR MENDOZA, JR.
United States District Judge
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ORDER - 2
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