Jason Hershey v. Hardin County Sheriff's Department

Summary

The United States District Court for the Southern District of Illinois held that the Hardin County Sheriff’s Department is not a suable entity under 42 U.S.C. § 1983. The court dismissed the complaint without prejudice under 28 U.S.C. § 1915(e)(2)(B), reserved ruling on the motion to proceed in forma pauperis, and granted leave to amend by March 16, 2026.

Holdings

1. The Hardin County Sheriff's Department is not a suable entity under § 1983; Plaintiff must instead sue the individual jail officers involved or the county itself.
2. A § 1983 claim against an individual jail officer requires allegations that the officer deprived the plaintiff of a constitutional or federal statutory right while acting under color of state law; a municipality may be liable only for a policy, widespread practice or custom, or action by a final policymaker that caused the constitutional violation.
3. The complaint was subject to dismissal without prejudice under 28 U.S.C. § 1915(e)(2)(B)(i) or (ii) because it failed to state a claim.

Questions Presented

1. Whether the complaint stated a cognizable claim under 42 U.S.C. § 1983 against the Hardin County Sheriff's Department.
2. Whether the complaint should be dismissed during in forma pauperis screening under 28 U.S.C. § 1915(e)(2)(B).

Disposition

dismissed