Shericka Wilson v. Anthony Pitts, et al.

Summary

The United States District Court for the Eastern District of Tennessee grants the Knoxville Police Department and City of Knoxville’s motion to dismiss. The court holds that the police department is not a suable entity under 42 U.S.C. § 1983, that the complaint does not adequately allege municipal liability under Monell, and that any claims under the Tennessee Governmental Tort Liability Act arising from civil rights violations are barred by sovereign immunity. All claims against the police department and City are dismissed.

Holdings

1. Plaintiff's failure to respond to the motion to dismiss, despite the passage of nearly six months, constituted a waiver of opposition to dismissal of claims against KPD and the City.
2. The Knoxville Police Department is not an entity subject to suit under 42 U.S.C. § 1983 because it is a municipal department or administrative unit rather than a separate legal entity.
3. Plaintiff failed to state a § 1983 claim against the City of Knoxville because she did not identify an unconstitutional policy or custom that caused the alleged constitutional injury, and the City cannot be held liable solely under respondeat superior.
4. Any TGTLA claim against KPD or the City is barred by sovereign immunity because the alleged injury arises out of civil-rights violations, an exception to the TGTLA's waiver of governmental immunity.

Questions Presented

1. Whether plaintiff's failure to respond to the motion to dismiss constituted a waiver of opposition.
2. Whether the Knoxville Police Department is an entity subject to suit under 42 U.S.C. § 1983.
3. Whether plaintiff stated a municipal-liability claim against the City of Knoxville by alleging only the conduct of municipal employees and failing to identify an unconstitutional policy or custom.
4. Whether any state-law claim against KPD or the City under the Tennessee Governmental Tort Liability Act is barred by sovereign immunity when the alleged injury arises out of civil-rights violations.

Disposition

dismissed