Bays v. Kennewick City of et al

Filing 23

ORDER GRANTING DEFENDANT BENTON COUNTY JAILS MOTION TO DISMISS. Defendant Benton County Jails Motion to Dismiss ECF No. 21 is GRANTED. Defendant Benton County Jail is terminated from the docket. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)

1
2
3
4
5

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

6
7

LINDA BAYS,
NO: 2:17-CV-0310-TOR
Plaintiff,

8
v.
9
10
11
12

CITY OF KENNEWICK,
KENNEWICK POLICE
DEPARTMENT, BENTON COUNTY
JAIL, OFFICER JOE JACKSON,
ASSISTANT CITY ATTORNEY,
CODEE L. McDANIEL, and JOHN
and/or JANE DOES,

ORDER GRANTING DEFENDANT
BENTON COUNTY JAIL’S MOTION
TO DISMISS

13
Defendants.
14
15

BEFORE THE COURT is Defendant Benton County Jail’s Motion to

16

Dismiss (ECF No. 21). Defendant Benton County Jail filed the Motion on January

17

24, 2018. Plaintiff Linda Bays has not filed a response. This matter was submitted

18

for consideration without oral argument. The Court has reviewed the record and

19

files herein, and is fully informed. As discussed below, the Motion is GRANTED.

20

//

ORDER GRANTING DEFENDANT BENTON COUNTY JAIL’S
MOTION TO DISMISS ~ 1

1

Defendant Benton County Jail requests the Court dismiss the action against

2

it on two grounds. First, Defendant argues that “Benton County Jail is not a

3

distinct legal entity, and as such it is not a proper party to this action.” ECF No. 21

4

at 3. Rather, the proper party for suits arising out of the Benton County Jail must

5

be Benton County itself. ECF No. 21 at 2. Second, Defendant argues Plaintiff has

6

failed to state a claim for relief because she fails to assert any specific policy or

7

procedure to justify Monnell liability. ECF No. 2 at 4-5 (citing Monell v. Dep’t of

8

Soc. Servs. of City of New York, 436 U.S. 658, 691 (1978)). The Court agrees with

9

Defendant on the first point, making the second point moot.

10

Defendant Benton County Jail is correct in its assertion that it is not the

11

proper party to this suit: suits for actions involving Benton County Jail are properly

12

brought against Benton County. See Brandon v. Holt, 469 U.S. 464, 472 (1985).1

13

This is because municipal departments have “no greater separate identity from the

14

[local government]” than do individual officers of the government entity acting in

15

their official capacity” and thus cannot be sued in their own capacity. Id. As a

16

result, the Court must dismiss Benton County Jail from the suit. See e.g., Vance v.

17

Santa Clara Co., 928 F. Supp. 993 (N.D. Cal. 1996) (dismissing Santa Clara

18
19

1

20

No. 8). ECF No. 8 at 4, n.4.

The Court recognized this possibility in its Order Directing Service (ECF

ORDER GRANTING DEFENDANT BENTON COUNTY JAIL’S
MOTION TO DISMISS ~ 2

1

Department of Corrections as an improper Defendant); Stump v. Gates, 777 F.

2

Supp. 808, 816 (D. Colo. 1991), aff’d, 986 F.2d 1429 (10th Cir. 1993) (dismissing

3

police department and coroner’s office because they are not distinct legal entities).

4

ACCORDINGLY, IT IS HEREBY ORDERED:

5
6
7
8
9

Defendant Benton County Jail’s Motion to Dismiss (ECF No. 21) is
GRANTED.
The District Court Executive is directed to enter this Order, furnish copies to
the parties, and terminate Defendant Benton County Jail from the docket.
DATED March 15, 2018.

10
11

THOMAS O. RICE
Chief United States District Judge

12
13
14
15
16
17
18
19
20

ORDER GRANTING DEFENDANT BENTON COUNTY JAIL’S
MOTION TO DISMISS ~ 3