United States District Court, N.D. Ohio, Western Division
Stanley B. Doremus, Plaintiff,
Shannon Zaborowski, et. al., Defendants.
MEMORANDUM OPINION AND ORDER
ZOUHARY, U.S. DISTRICT JUDGE.
pro se Stanley Doremus filed this action under 42
U.S.C. § 1983 against his neighbor Shannon Zaborowski,
the Toledo Police Department, the Lucas County Sheriff, the
Toledo Municipal Court, and the Toledo Municipal Court
“prosecutors and employees” (Doc. 1 at 1). He
also raises claims and seeks damages against Eric Schwabel
and various staff at St. Vincent's Hospital, though these
individuals are not identified as Defendants in the case
caption (see Id. at 2-3). He also moves to proceed
in forma pauperis (Doc. 2); that Motion is granted.
2017, Doremus alleges officers were investigating a crime
near his home when Zaborowski approached them and reported
something she overheard involving Doremus. The officers then
came to his home, located across the street from the site of
the investigation. Doremus states he asked them to leave
seven times. He does not provide any other information
concerning this incident.
next alleges he was assaulted by Schwabel in June 2017. He
contends a Toledo police officer witnessed the assault but
did not arrest the perpetrator. Doremus was treated for his
injuries at St. Vincent's Hospital, where doctors sedated
and intubated him. He claims police officers assaulted him
while he was sedated.
between May and August 2017, Doremus alleges Zaborowski filed
multiple false police reports against him for violation of a
temporary protection order; these false reports led to his
arrest in June 2017. Doremus further alleges that while he
was detained, he was transported to and from the hospital
several times. Due to his high blood pressure, he contends
the Toledo Police Department should have provided medical
transport via ambulance. He claims they failed to do so in a
retaliatory attempt to kill him. He also alleges medical
staff falsified his hospital records.
in August 2017, Doremus alleges Zaborowski violated a
protection order by coming within thirty feet of his home,
but the Toledo police refused to arrest her. He provides no
other details about this incident.
se pleadings are liberally construed. Boag v.
MacDougall, 454 U.S. 364, 365 (1982) (per curiam);
Haines v. Kerner, 404 U.S. 519, 520 (1972). This
Court, however, is required to dismiss an action under 28
U.S.C. § 1915(e) if it fails to state a claim upon which
relief may be granted or lacks an arguable basis in law or
fact. Neitzke v. Williams, 490 U.S. 319 (1989). An
action has no arguable basis in law when a defendant is
immune from suit or when Plaintiff claims a violation of a
legal interest which clearly does not exist. Id. at
327. An action has no arguable factual basis when the
allegations are “delusional” or “wholly
incredible.” Denton v. Hernandez, 504 U.S. 25,
Court must construe the Complaint in the light most favorable
to Doremus, accept all factual allegations as true, and
determine whether the Complaint contains “enough facts
to state a claim to relief that is plausible on its
face.” Bell Atl. Corp. v. Twombly, 550 U.S.
544, 570 (2007). The Complaint must contain “more than
labels and conclusions” or “a formulaic
recitation of the elements.” Id. It need not
contain detailed factual allegations, but its “factual
allegations must be enough to raise a right to relief above
the speculative level.” Id. This Court is
“not bound to accept as true a legal conclusion couched
as a factual allegation.” Papasan v. Allain,
478 U.S. 265, 286 (1986). A claim is plausible when the
Complaint contains “factual content that allows the
Court to draw the reasonable inference that the defendant is
liable for the misconduct alleged.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009).
initial matter, Doremus fails to identify a federal cause of
action against Zaborowski, Schwabel, the St. Vincent's
Hospital staff, the Lucas County Sheriff, the Toledo
Municipal Court, or the Toledo Municipal Court employees. He
contends Zaborowski filed multiple false police reports
against him and violated a state court protection order. He
claims Schwabel assaulted him, and hospital staff falsified
his medical records. Doremus does not identify a federal
cause of action against any of these individuals, and none is
apparent on the face of the Complaint.
alleges Zaborowski's grandfather is connected to the
Lucas County Sheriff in some way. He does not, however,
allege any facts pertaining to the Lucas County Sheriff, and
does not assert any legal claims against him. Similarly, he
does not allege facts pertaining to the Toledo Municipal
Court or its employees, nor does he assert legal claims
against them. Although the standard of review is liberal, the
Complaint must give Defendants fair notice of the claims
against them to meet the basic pleading requirements of
Federal Civil Procedure Rule 8. Lillard v. Shelby Cty.
Bd. of Educ., 76 F.3d 716, 726-27 (6th Cir. 1996);
Bassett v. Nat'l Collegiate Athletic Ass'n,
528 F.3d 426, 437 (6th Cir. 2008). The claims against these
Defendants do not meet the minimum pleading requirements to
state a plausible claim upon which relief may be granted.
addition, Doremus sues the Toledo Police Department, claiming
Toledo police officers refused to file charges against others
who wronged him, and held him down while medical personnel
sedated him. The police department, being a mere arm of the
City of Toledo, is not its own entity, and is not capable of
being sued under Section 1983. Petty v. Cty. of Franklin,
Ohio, 478 F.3d 341, 347 (6th Cir. 2007), abrogated
on other grounds, Bailey v. City of Ann Arbor,
860 F.3d ...