Opinion

Holliday v. Wolff

Court
District Court, S.D. Illinois
Filed
Jun 30, 2020
Cited by
0 cases
Authority
More cited than 21.2%

Eighth Amendment claim allowed to proceed against driver who refused to fasten convicted person’s seatbelt, drove at an excessive speed, crossed double-yellow lines, and followed vehicles too closely

How later courts described this case

  • Eighth Amendment claim allowed to proceed against driver who refused to fasten convicted person’s seatbelt, drove at an excessive speed, crossed double-yellow lines, and followed vehicles too closely
  • plaintiff cannot state a claim against a defendant by listing that person as a party to the action in the case caption

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

GEORGE HOLLIDAY, SR., )

#11521-025, )

)

Plaintiff, )

)

vs. ) Case No. 20-cv-00149-JPG

)

SHANNON WOLFF )

and UNKNOWN OFFICER, )

)

Defendants. )

MEMORANDUM & ORDER

GILBERT, District Judge:

This matter is before the Court for review of the First Amended Complaint filed by Plaintiff

George Holliday, Sr., on April 28, 2020. (Doc. 10). He brings this action for money damages

against the Randolph County Sheriff (Shannon Wolff) and an unknown transport officer

(John/Jane Doe) who caused him to sustain a shoulder injury during transport from court to

Randolph County Jail on March 29, 2019. (Id.).

The First Amended Complaint is now before the Court for preliminary review under

28 U.S.C. § 1915A, which requires the Court to screen prisoner complaints and filter out non-

meritorious claims. 28 U.S.C. § 1915A(a). Any portion of a complaint that is legally frivolous or

malicious, fails to state a claim for relief, or requests money damages from an immune defendant

must be dismissed. 28 U.S.C. § 1915A(b). At this juncture, the factual allegations are liberally

construed. Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 821 (7th Cir. 2009).

First Amended Complaint

Plaintiff makes the following allegations in the First Amended Complaint:

On March 29, 2019, [t]he sheriffs (sic) transport officer back[ed] into a parked car

as we were exiting the sallyport. The officer knocked the ante[n]nae off the top of

the vehicle[,] [s]o he was looking for the ante[n]nae on the ground instead of paying

attention to where he was going and backed into a parked truck. The impact

caus[ed] damage to my shoulder. I know I have to have surgery on my right

shoulder.

(Doc. 10, p. 6).

Discussion

Based on the allegations summarized above, the Court finds it convenient to designate a

single claim in the pro se First Amended Complaint:

Count 1: Constitutional claim against Defendants for causing injury to Plaintiff’s

shoulder during transport on March 29, 2019.

Any other claim mentioned in the First Amended Complaint but not addressed herein is

considered dismissed without prejudice as inadequately pled under Twombly.1

The First Amended Complaint fails to state any claim for relief under 42 U.S.C. § 1983.

In order to state a claim, the plaintiff must allege a violation of rights secured by the Constitution

and laws of the United States and show that a person acting under color of state law committed the

alleged deprivation. West v. Atkins, 487 U.S. 42 (1988). Plaintiff refers to no violation of his

constitutional rights or any other federal laws.

The proper analytical framework for this claim depends on Plaintiff’s status as an arrestee,

pretrial detainee, or convicted person at the time of his injury. The Fourth Amendment governs

the period of confinement between arrest without a warrant and the probable cause determination

and triggers an objectively reasonable standard. Currie v. Chhabra, 728 F.3d 626, 629

(7th Cir. 2013) (quoting Villanova v. Abrams, 972 F.2d 792, 797 (7th Cir. 1992)). The Fourteenth

Amendment Due Process Clause governs claims of pretrial detainees and prohibits punishment.

1 See Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007) (an action fails to state a claim upon which

relief can be granted if it does not plead “enough facts to state a claim to relief that is plausible on its face”).

Klebanowski v. Sheahan, 540 F.3d 633, 637 (7th Cir. 2008). The Eighth Amendment governs

claims of convicted persons and prohibits cruel and unusual punishment. Id. The allegations state

no claim for relief under any of these standards.

Constitutional claims may arise when an unrestrained inmate is injured during an accident

that is intentionally or recklessly caused by an officer. See, e.g., Edwards v. David, 2017 WL

2653077, at *5 (N.D. Ill. 2017) (collecting cases) (Fourth Amendment claim allowed to proceed

against officer who refused to seatbelt arrestee, drove recklessly through a construction zone, and

caused bodily injury); Brown v. Fortner, 518 F.3d 552 (8th Cir. 2008) (Eighth Amendment claim

allowed to proceed against driver who refused to fasten convicted person’s seatbelt, drove at an

excessive speed, crossed double-yellow lines, and followed vehicles too closely). However, in his

original Complaint, Plaintiff alleged that he was wearing a seatbelt at the time of the accident.

(Doc. 1, p. 8). In the original Complaint and First Amended Complaint, Plaintiff describes no

conduct on the part of the transport officer that was intentional or reckless.

Although the allegations may support a claim of negligence against the transport officer,

negligence is not enough to bring a claim under Section 1983. Plaintiff must demonstrate

something more than negligence, or even gross negligence, to support a Section 1983 claim. James

v. Hale, 959 F.3d 307, 318 (7th Cir. 2020) (citation omitted). Having failed to do so, the Section

1983 claim against the officer shall be dismissed with prejudice.

Because Plaintiff has, once again, omitted the sheriff from the allegations, it appears that

the sheriff had no involvement in this matter. See Collins v. Kibort, 143 F.3d 331, 334 (7th Cir.

1998) (plaintiff cannot state a claim against a defendant by listing that person as a party to the

action in the case caption). Plaintiff also cannot proceed with a claim against the sheriff.

Accordingly, the First Amended Complaint fails to state any claim for relief against either

defendant and shall be dismissed with prejudice.

Disposition

IT IS ORDERED that the First Amended Complaint (Doc. 10), including COUNT 1, is

DISMISSED with prejudice for failure to state a claim for relief against Defendants SHANNON

WOLFF and UNKNOWN OFFICER. The pending Motion for Recruitment of Counsel

(Doc. 11) is DISMISSED as MOOT. This Order does not prevent Plaintiff from bringing a

separate action in Illinois state court for negligence against the defendants.

Plaintiff is ADVISED that the dismissal counts as one of his three allotted “strikes” under

the provisions of 28 U.S.C. § 1915(g). Plaintiff is ADVISED that his obligation to pay the filing

fee for this action was incurred when the action was filed, thus the filing fee of $350.00 remains

due and payable. 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).

If Plaintiff wishes to appeal this Order, he may file a notice of appeal with this Court within

thirty (30) days of the entry of judgment. FED. R. CIV. P. 4(A)(4). If Plaintiff does choose to

appeal, he will be liable for the $505.00 appellate filing fee irrespective of the outcome of the

appeal. See FED. R. APP. P. 3(e); 28 U.S.C. § 1915(e)(2); Ammons v. Gerlinger, 547 F.3d 724,

725-26 (7th Cir. 2008); Sloan v. Lesza, 181 F.3d 857, 858-59 (7th Cir. 1999); Lucien, 133 F.3d at

467. Finally, if the appeal is found to be nonmeritorious, Plaintiff may incur a “strike.” A proper

and timely motion filed pursuant to Federal Rule of Civil Procedure 59(e) may toll the 30-day

appeal deadline. FED. R. APP. P. 4(a)(4). A Rule 59(e) motion must be filed no more than twenty-

eight (28) days after the entry of the judgment, and this 28-day deadline cannot be extended.

The Clerk shall CLOSE THIS CASE and enter judgment accordingly.

IT IS SO ORDERED.

DATED: 6/30/2020 s/J. Phil Gilbert

J. PHIL GILBERT

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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