WOOD
v.
RACETRACK LLC
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A pretrial detainee filed a § 1983 civil rights action against a private business and two law enforcement agencies. The court dismissed the complaint for failure to state a claim because the private defendant did not act under color of state law and the police departments are not legal entities subject to suit.
Wood failed to state a § 1983 claim against all three defendants. Racetrack, as a private business entity, did not act under color of state law as required for § 1983 liability. The Cape Coral Police Department and Lee County Sheriff's Department are not legal entities subject to suit under § 1983.
“must allege that a person acting under color of state law deprived him of a federal right”
Establishes the fundamental requirement for stating a § 1983 claim
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Join FLexlaw to unlock all legal intelligenceDuane Michael Wood, a pretrial detainee at Lee County Jail, filed a complaint under 42 U.S.C. § 1983 against Racetrack LLC, Cape Coral Police Departme…
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Before the Court is Plaintiff Duane Michael Wood's complaint (Doc. 1). Wood, a pretrial detainee at the Lee County Jail, sues Defendants Racetrack LLC, Cape Coral Police Department, and Lee County Sheriff's Department under 42 U.S.C. § 1983. United States Magistrate Judge Kyle Dudek granted Wood leave to proceed in forma pauperis (Doc. 11), so the Court must review the complaint sua sponte to determine whether it is frivolous or malicious, fails to state a claim, or seeks monetary damages against a party who is immune from such relief. See 28 U.S.C. 1915(e)(2).
Wood fails to state a claim. To state a claim under § 1983, a plaintiff "must allege that a person acting under color of state law deprived him of a federal right.” McIndoo v. Broward Cty., 750 F. App’x 816, 819 (11th Cir. 2018).
Racetrack appears to be a private business entity and clearly did not operate under color of state law. So Wood fails to state a claim against Racetrack.
As for the Cape Coral Police Department and Lee County Sheriff's Department, they are not legal entities subject to suit under § 1983. See, e.g., Dean v. Barber, 951 F. 2d 1210, 1214 (11th Cir. 1992) (“Sheriffs departments and police departments are not usually considered legal entities subject to suit." (citations omitted)); Taylor v. Hall, No. 5:25-CV-19-WFJ-PRL, 2025 WL 326678, at *3 (M.D. Fla. Jan. 29, 2025) (dismissing the plaintiff's claims against Citrus County Sheriff's Department because “it is not a legal entity subject to suit”); Lewis v. Bradenton Beach Police Dep’t, No. 8:11-CV-18-T- 30АЕР, 2011 WL 1227825, at *3 (M.D. Fla. Apr. 1, 2011) (“Florida courts have consistently found that city police departments are not separate legal entities subject to suit."). So Wood fails to state a claim against them too.
Accordingly, it is now ORDERED:
1. This case is DISMISSED without prejudice.
2. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close the case.
DONE and ORDERED in Fort Myers, Florida on June 18, 2025.
Sheri Polster Rappell
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record