750 F. Supp. 2d 892
S.D. Ohio2010Background
- Plaintiff Charles Stack, a diabetic, was arrested and jailed on June 13, 2009, and alleges he repeatedly asked jail staff for insulin but was ignored, causing injuries and need for medical care.
- Plaintiff filed a 42 U.S.C. §1983 action asserting Eighth and Fourteenth Amendment violations.
- Defendants are Franklin County and the Franklin County Board of Commissioners; the sheriff controls the jail.
- Defendants moved to dismiss under Rule 12(b)(6); plaintiff opposed.
- The court addressed whether Franklin County and the Commissioners can be sued under §1983/Monell and assessed the 12(b)(6) standard.
- The court ultimately grants in part and denies in part the motion to dismiss, allowing a Monell claim against Franklin County but dismissing the Commissioners.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Franklin County can be sued under §1983/Monell despite lack of sui juris | Stack succeeds under Monell | County immunity under state law §301.22 blocks suit | §1983/Monell liable against Franklin County despite §301.22 |
| Whether Eleventh Amendment immunity bars suit against Franklin County | Monell claim survives immunity | Immunity applies to non-sue-able entities | Eleventh Amendment immunity does not bar Monell claim against Franklin County |
| Whether Commissioners can be liable for the jail's conditions | Respondeat superior or duty to keep jail safe | Commissioners not in control of jail; no duty | Dismissal of §1983 claim against Franklin County Board of Commissioners granted |
| What standard governs a Rule 12(b)(6) dismissal and pleading plausibility | Pleadings state plausible Monell claim | Need more specifics; conclusory allegations | Court applies Twombly/Iqbal plausibility standard; Monell claim against Franklin County plausibly stated |
Key Cases Cited
- Monell v. Dept. of Soc. Servs. for City of New York, 436 U.S. 658 (1978) (local governments liable under §1983 for unconstitutional policies or customs when not barred by Eleventh Amendment constraints)
- Petty v. County of Franklin, 478 F.3d 341 (6th Cir.2007) (two-part Monell test for policy/custom liability; plausible claim can survive at summary judgment)
- Owen v. Independence, 445 U.S. 622 (1980) (Congress intended 'persons' under §1983 to include local governments; Eleventh Amendment context)