Ball v. City of Indianapolis

Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff’s section 1983 action against defendants-City and its police dept., where plaintiff alleged that police officer subjected plaintiff to false arrest by submitting affidavit that mistakenly named plaintiff as culprit in drug trafficking offense. Defendant-City could not be held liable for actions of police officer on respondeat superior basis in instant section 1983 action, and plaintiff failed to identify any custom or policy that officer was acting upon when drafting affidavit. Moreover, plaintiff could not sue defendants State of Indiana or its state police in their official capacities since they are not “persons” who may be sued under section 1983. Also, plaintiff could not proceed directly against police officer, since Indiana Tort Claims Act provided immunity to said officer, who, according to complaint, was acting within scope of his employment.