881 F. Supp. 2d 833
N.D. Ohio2012Background
- Donnita Carmichael sues City of Cleveland, Warrensville Heights, various police officers, county entities, and ODRC related to the murder of Tonia Carmichael by Anthony Sowell (2008).
- Plaintiff alleges negligent investigations, improper releases of Sowell, and failure to monitor sex offenders, seeking damages and injunctive relief.
- The court reviews multiple dispositive motions under FRCP 12(b)(6), 12(c), and 12(b)(1), and analyzes immunity and jurisdiction defenses.
- Count I (42 U.S.C. § 1981) and Count II (42 U.S.C. § 1983) target Cleveland and Warrensville Heights; Counts III–VI plead state-law claims or narrow relief against other defendants.
- The court grants motions to dismiss counts I, II, IV, V, VI with prejudice and Count III without prejudice; several defendants are deemed non-sui juris or immune.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Cuyahoga County Sheriff’s Department is subject to suit. | Carmichael asserts claims against the Sheriff’s Department. | Department not sui juris; immune from suit. | Dismissed for lack of legal sui juris. |
| Whether the Cuyahoga County Board of Commissioners enjoy immunity under RC 2744.02. | Exceptions to immunity apply; discovery warranted. | Immunity applies; no applicable exception. | Immunity applies; claims dismissed. |
| Whether ODRC is subject to Eleventh Amendment immunity and §1983 liability. | ODRC liable for damages and injunctive relief. | ODRC immune as a state agency; not a person under §1983. | Eleventh Amendment bar; §1983 claim dismissed. |
| Whether Prosecutor Coyne is absolutely immune from §1983 claims. | Coyne failed to investigate/prosecute Sowell’s case. | Prosecutorial immunity covers challenged activities. | Coyne absolutely immune; claims dismissed. |
| Whether federal §1983 claims against Warrensville Heights and Cleveland Defendants survive. | Defendants violated due process/equal protection in missing-person handling. | No constitutional injury; immunity and lack of causation. | Counts I, II, IV, V, VI dismissed; no §1983 claim survives. |
Key Cases Cited
- Imbler v. Pachtman, 424 U.S. 409 (1976) (prosecutorial immunity for challenging actions in judicial process)
- Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701 (1989) (1981 permits no private action against state actors (precludes §1981 against state actors))
- Arendale v. City of Memphis, 519 F.3d 587 (6th Cir. 2008) (binding on §1981 private action against political subdivisions)
- Gazette v. City of Pontiac, 41 F.3d 1061 (6th Cir. 1994) (DeShaney-related due process analysis for "special danger" and failure to protect)
- Kottmyer v. Maas, 436 F.3d 684 (6th Cir. 2006) (standard for Rule 12(b)(6)/12(c) reviewing plausibility)