Opinion

Brown v. Gooch

Court
District Court, C.D. Illinois
Filed
May 4, 2021
Cited by
0 cases
Authority
More cited than 20.7%

“Unrelated claims against different defendants belong in different suits.”

How later courts described this case

  • “Unrelated claims against different defendants belong in different suits.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF ILLINOIS

KENNETH A. BROWN, )

)

Plaintiff, )

)

v. ) 21-4027

)

GOOCH, et al. )

)

Defendants. )

MERIT REVIEW AND CASE MANAGEMENT ORDER

Plaintiff, a civil detainee at Rushville Treatment and Detention

Facility (TDF), brought the present lawsuit pursuant to 42 U.S.C. §

1983, alleging constitutional violations that allegedly arose during

his incarceration at Danville Correctional Center and his detention

at the TDF. The matter comes before the Court for screening

pursuant to 28 U.S.C. § 1915A.

Plaintiff’s motion for leave to file an amended complaint (Doc.

8) is granted. Fed. R. Civ. P. 15(a)(1). Plaintiff alleges in his

amended complaint that officials at Danville Correctional Center

(“Danville”) provided incorrect information to the Prisoner Review

Board (“PRB”), incorrectly told his friend that Danville did not have

a video visitation system, violated a state rule or contract by not

downloading old email messages onto his new tablet, and

overcharged him for postage on legal mail. Plaintiff alleges that

unidentified officials in Danville Internal Affairs “influenced [a

mental health professional] to write up a falsified report,” and

denied his requests to move to a specific housing block and to see

his sister’s body following her death. Plaintiff alleges that Danville

officials have not deactivated the PIN he used at the facility even

though he is no longer there.

Plaintiff alleges that Danville officials conspired with a

Ukrainian psychologist “to write up a falsified assessment report in

order to detain” him pursuant to the Illinois Sexually Violent

Persons Commitment Act (“SVP Act”) following his release from

prison. Plaintiff alleges that officials failed to perform the brain

scans he claims are the only way to determine whether a person

has the requisite mental disorder for commitment under the SVP

Act, and that his sister’s phone does not show a call he made to her

from the TDF.

Plaintiff does not have a constitutional right to live on a

specific housing block or to a release from prison for purposes of

attending the funeral of a family member. Thomas v. Farley, 31 F.3d

557, 559 (7th Cir. 1994). Plaintiff’s other allegations suggest

isolated incidents that did not result in a constitutional violation or

deprive Plaintiff of the minimal civilized measure of life’s necessities.

The violation of a state law is not sufficient to show a constitutional

violation, Pulera v. Sarzant, 966 F.3d 540 (7th Cir. 2020), and any

overcharging issues are properly brought in the Illinois Court of

Claims. The Court finds that Plaintiff fails to state a constitutional

claim against Danville officials for the actions that arose while he

was incarcerated at that facility.

Plaintiff alleges that the state court commitment proceedings

violate the Sixth Amendment’s Double Jeopardy clause. Proceedings

under the SVP Act are civil in nature, and, therefore, do not

implicate Double Jeopardy concerns. Kansas v. Hendricks, 521 U.S.

346, 369 (1997); Allen v. Illinois, 478 U.S. 364, 375 (1986). Absent

an underlying constitutional violation, Plaintiff’s allegations of

conspiracy are not sufficient to state a claim upon which relief can

be granted. Cefalu v. Village of Elk Grove, 211 F.3d 416, 423 (7th

Cir. 2000). If Plaintiff seeks to challenge the evidence presented at

his state court commitment proceeding, he must do so in that case.

Plaintiff’s complaint is dismissed for failure to state a claim.

Consistent with the practice in this circuit, Plaintiff is granted leave

to file an amended complaint to provide any additional information

he wants the Court to consider on these claims. Plaintiff is advised

that he cannot pursue unrelated claims against officials at two

different facilities in the same lawsuit. George v. Smith, 507 F.3d

605, 607 (7th Cir. 2007) (“Unrelated claims against different

defendants belong in different suits.”).

It is therefore ordered:

1) Plaintiff’s Motion for Leave to File an Amended Complaint

[8] is granted. Clerk is directed to docket the proposed amended

complaint attached to Plaintiff’s motion.

2) Plaintiff's amended complaint is dismissed for failure to

state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. §

1915A. Plaintiff shall have 30 days from the entry of this order to

file an amended complaint. Failure to file an amended complaint

will result in the dismissal of this case, without prejudice, for failure

to state a claim. Plaintiff's second amended complaint will replace

all previous complaints in their entirety. Accordingly, the amended

complaint must contain all allegations against all Defendants.

Piecemeal amendments are not accepted.

3) Plaintiff’s motion for counsel [5] is denied, with leave to

renew upon demonstrating that he made attempts to hire his own

counsel. Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). This

typically requires writing to several lawyers and attaching the

responses. If Plaintiff renews his motion, he should set forth how

far he has gone in school, any jobs he has held inside and outside

of prison, any classes he has taken in prison, and any prior

litigation experience he has.

Entered this 4th day of May, 2021.

s/Harold A. Baker

HAROLD A. BAKER

UNITED STATES DISTRICT JUDGE

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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