Opinion

Peck v. Nelson

Court
District Court, N.D. Indiana
Filed
Apr 23, 2024
Cited by
0 cases
Authority
More cited than 21.5%

Indiana county prosecutor’s office was not subject to suit under 42 U.S.C. § 1983

How later courts described this case

  • Indiana county prosecutor’s office was not subject to suit under 42 U.S.C. § 1983

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

MARCUS LaSHAWN PECK,

Plaintiff,

v. CAUSE NO. 3:24-CV-228 DRL-MGG

WILLIAM J. NELSON and MARION

COUNTY PROSECUTOR’s OFFICE,

Defendants.

OPINION AND ORDER

Marcus LaShawn Peck, proceeding pro se, filed a motion asking the court to reconsider its order

denying his motion for leave to file in forma pauperis and dismissing his case under Federal Rule of Civil

Procedure 59(e). “To prevail on a Rule 59(e) motion to amend judgment, a party must ‘clearly

establish’ (1) that the court committed a manifest error of law or fact, or (2) that newly discovered

evidence precluded entry of judgment.” Blue v. Hartford Life & Accident Ins. Co., 698 F.3d 587, 598 (7th

Cir. 2012). Mr. Peck has established neither.

The court has already explained that Mr. Peck cannot sue Judge William J. Nelson because of

judicial immunity. Polzin v. Gage, 636 F.3d 834, 838 (7th Cir. 2011). Mr. Peck’s constitutional allegations

do not change the court’s prior analysis.

Similarly, Mr. Peck asks the court for leave to amend his complaint against the Marion County

Prosecutor’s Office to provide more specific allegations, but new allegations will not change the fact

that a prosecutor’s office is not a “person” for purposes of 42 U.S.C. § 1983. Will v. Mich. Dep’t of State

Police, 491 U.S. 58, 63 (1989); see also Jones v. Indiana, 2009 U.S. Dist. LEXIS 60872, 5-6 (N.D. Ind. July

16, 2009) (Indiana county prosecutor’s office was not subject to suit under 42 U.S.C. § 1983). Nor will

new allegations impact the county prosecutor’s office’s entitlement to Eleventh Amendment

immunity. de Lima Silva v. Dep’t of Corr., 917 F.3d 546, 565 (7th Cir. 2019); Martin v. Noble Cnty. Sheriff’s

Dep’t, 2021 U.S. Dist. LEXIS 1053, 67 (N.D. Ind. Jan. 4, 2021).

Nothing in Mr. Peck’s motion for reconsideration demonstrates an error of law or fact, so the

court DENIES his motion for reconsideration [8].

SO ORDERED.

April 23, 2024 s/ Damon R. Leichty

Judge, United States District Court

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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