Opinion

Gills v. West

Court
District Court, C.D. Illinois
Filed
Apr 4, 2022
Cited by
0 cases
Authority
More cited than 20.7%

supervisors are not liable for the errors of their subordinates

How later courts described this case

  • supervisors are not liable for the errors of their subordinates
  • supervisor liability not permitted under § 1983

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF ILLINOIS

JARYAN GILLS, )

Plaintiff, )

)

vs. ) Case No. 21-4166

)

ROBERT HAMILTON, et. al., )

Defendants )

MERIT REVIEW ORDER

JAMES E. SHADID, U.S. District Judge:

This cause is before the Court for merit review of the Plaintiff’s complaint. The

Court is required by 28 U.S.C. §1915A to “screen” the Plaintiff’s complaint, and through

such process to identify and dismiss any legally insufficient claim, or the entire action if

warranted. A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state

a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant

who is immune from such relief.” 28 U.S.C. §1915A.

Plaintiff, a pro se prisoner, had identified ten Defendants from East Moline

Correctional Center (EMCC) including Warden Robert Hamilton, Correctional Officer

Decker, Correctional Officer Argo, Librarian Kranz, Maintenance Worker Arbuckle,

Major West, Major Macksy, Mailroom Workers Gillies, Counselor Ayla Lucus, and

Administrative Review Board Member Debbie Knauer.

Plaintiff’s 64-page complaint with exhibits is a clear violation of the Federal Rules

of Civil Procedure. For instance, Federal Rule 8 requires a complaint to include “a short

and plain statement of the claim showing the pleader is entitled to relief.” See Fed.R.

Civ.P. 8(a)(2). In addition, a Plaintiff cannot combine unrelated claims against different

Defendants in one lawsuit. See Fed.R.Civ.P. 18, 20. “[M]ultiple claims against a single

party are fine, but Claim A against Defendant 1 should not be joined with unrelated

Claim B against Defendant 2.” George v Smith, 507 F.3d 605, 607 (7th Cir. 2007). A

prisoner may not dodge the filing fee or three strikes provision of 28 U.S.C. §1915(g) by

attempting to file separate claims in one lawsuit.

For instance, Plaintiff begins with information concerning an inmate assault

which resulted in a left arm injury. While Plaintiff refers to this as an ongoing injury, it

appears he may be restating claims in one of his other pending lawsuits: Gills v.

Hamilton, Case No. 21-4011. If this is a new claim, Plaintiff needs to explain the

difference and clearly identify his Defendants, specific allegation, and timeframe.

Plaintiff also discusses unconstitutional living conditions, interference with his

legal mail or documents, a failure to protect, retaliation, inappropriate use of restraints,

etc. Plaintiff must choose which claims he wishes to pursue in this lawsuit.

In addition, many of Plaintiff’s allegations fail to provide a specific factual basis.

For instance, who was involved and when did the event occur?

Plaintiff is also reminded he may not sue an individual simple because that

individual is a supervisor. See Smith v. Gomez, 550 F.3d 613, 616 (7th Cir. 2008)

(supervisor liability not permitted under § 1983); Pacelli v. DeVito, 972 F.2d 871, 877 (7th

Cir. 1992)(supervisors are not liable for the errors of their subordinates). Instead,

Plaintiff must name individuals who were personally involved in the allegation. “A

defendant is personally responsible ‘if the conduct causing the constitutional

deprivation occurs at his direction or with his knowledge and consent.’” Wilson v.

Warren Cty., Illinois, 830 F.3d 464, 469 (7th Cir. 2016), quoting Gentry v. Duckworth, 65

F.3d 555, 561 (7th Cir. 1995).

Therefore, Plaintiff’s complaint is dismissed, but the Court will allow Plaintiff an

opportunity to file an amended complaint clarifying his intended claims. Plaintiff

MUST abide by these guidelines:

1) Plaintiff must NOT include unrelated claims against different defendants in

one lawsuit.

2) Plaintiff must not include case law or an overview of claims. Instead, he must

state each claim only one time to avoid confusion.

3) For each claim, Plaintiff must include a brief statement indicating which

Defendants were involved, when it occurred, where it occurred, and a brief

statement of what happened.

4) Plaintiff must not include exhibits.

Plaintiff has also filed a Moton for Appointment of Counsel. [5]. The motion is

denied with leave to renew after Plaintiff has filed an amended complaint clarifying his

claims. [5]. In addition, Plaintiff must demonstrate he has made some attempt to find

counsel to represent him in this case such as a copy of letters either sent or received or a

list of attorneys contacted. See Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007); Eagan v.

Dempsey, 2021 WL 456002, at *8 (7th Cir. 2021).

IT IS THEREFORE ORDERED:

1) Plaintiff’s complaint is dismissed as a violation of Federal Rules of Civil

Procedure 8, 18, 20. See also George v Smith, 507 F.3d 605, 607 (7th Cir. 2007).

2) Plaintiff must file an amended complaint in compliance with the order

on or before April 25, 2022. If Plaintiff fails to file an amend complaint by the

deadline or fails to follow the Court’s directions, his case will be dismissed.

3) The Clerk of the Court is to reset the internal merit review deadline within 30

days of this order and provide Plaintiff with a blank complaint form.

ENTERED this 4th day of April, 2022.

s/ James E. Shadid

____________________________________________

JAMES E. SHADID

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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