Excessive Force Claims Against Police Department Dismissed
Municipal police departments may not be subject to claims pursuant to 42 United States Code §1983. In August 2011, John Doe police officers, one of whom had badge number 212, allegedly arrested the pro se plaintiff, Josue Cruz, placed the plaintiff in handcuffs and struck the plaintiff on the back. The John Doe police officers allegedly said to the plaintiff that they were going to teach him a lesson, and they met another officer, Zentek, who had a police canine dog and allegedly ordered the canine to attack the plaintiff. Allegedly, the canine bit the plaintiff's back, arm, shoulder and testicles. The plaintiff went to the hospital in an ambulance and required 35 stitches. The plaintiff sued the John Doe police officers and Officer Zentek. The plaintiff's complaint adequately alleged excessive use of force, in violation of 42 United States §1983, against the John Doe police officers and Officer Zentek, in their individual capacities. The court ordered the plaintiff to identify the police officers by name or badge number within 90 days. The court ordered the John Doe police officers and Officer Zentek to file an answer or a motion to dismiss within 70 days. The court dismissed the plaintiff's §1983 claims against the Waterbury Police Department and the K-9 dog. The court reminded the plaintiff that any failure to keep the court informed about his current mailing address may result in the dismissal of the plaintiff's complaint against individual police officers.