Summary
The document is a Report and Recommendation addressing Defendant Utah County Jail’s motion for judgment on the pleadings in Robert Louis Brown’s action concerning his placement on suicide watch. The magistrate judge recommends granting the motion and dismissing the complaint because Utah County Jail lacks capacity to be sued and was the only named defendant.
Holdings
- Under Utah law, a county may sue or be sued, but a county subdivision such as a county jail lacks capacity to be sued absent statutory or case authority supporting such an action.
- The complaint failed to state a plausible claim for relief because its only named defendant, Utah County Jail, was an entity that could not be sued.
Questions Presented
- Whether Utah County Jail has the capacity to be sued under Utah law.
- Whether the complaint stated a plausible claim for relief when Utah County Jail was the only named defendant.
- Whether Defendant was entitled to judgment on the pleadings and dismissal of the complaint.
Disposition
other
Cases Cited (9)
- Garrett v. Selby, Connor, Maddux & Janer, 425 F.3d 836, 840 (10th Cir.)(followed)
- Nielsen v. Price, 17 F.3d 1276, 1277 (10th Cir.)(followed)
- Corder v. Lewis Palmer School District No. 38, 566 F.3d 1219, 1223 (10th Cir.)(followed)
- Nelson v. State Farm Mut. Auto. Ins. Co., 419 F.3d 1117, 1119 (10th Cir.)(followed)
- Teigen v. Renfrow, 511 F.3d 1072, 1078 (10th Cir.)(followed)
- Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir.)(followed)
- Colony Ins. Co. v. Burke, 698 F.3d 1222, 1228 (10th Cir.)(followed)
- Park Univ. Enters. v. Am. Cas. Co., 442 F.3d 1239, 1244 (10th Cir.)(followed)
- White v. Utah, 5 F. Appx. 852, 853 (10th Cir.)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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