The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TONY W. HARDEN, K04116, )
)
Plaintiff, )
)
vs. ) Case No. 19-cv-750-NJR
)
)
ROB JEFFREYS, )
DANIEL Q. SULLIVAN, )
SARAH BROWN FOILES, )
SALVADOR A. GODINEZ, )
JOHN R. BALDWIN, )
and JESSICA STOVER, )
)
Defendants. )
MEMORANDUM AND ORDER
ROSENSTENGEL, Chief Judge:
This matter is before the Court to follow up to the telephonic status conference
held on August 26, 2021.
Defense counsel suggested that Defendants who are no longer employed by the
Illinois Department of Corrections should be dismissed from the action and pointed out
that Daniel Sullivan has been replaced as Warden of Big Muddy River Correctional
Center (“BMRCC”) by Greg Morgenthaler, thus a substitution may be in order. See FED.
R. CIV. P. 25(d). Plaintiff’s counsel objected to any dismissal of parties.
The question whether Plaintiff Harden is seeking monetary damages in addition
to injunctive relief also was raised. Plaintiff’s counsel acknowledged that he did not
specifically include a request for compensatory damages in the First Amended
Complaint’s prayer for relief. It contains only a general request for “any such further
relief as the Court may deem just” (Doc. 45, p. 17). Plaintiff’s counsel noted the body of
the complaint alleges harm to Harden and thus he intends to seek compensatory damages
as well as injunctive relief.
Defense counsel noted that another pending case in this Court, Howe, et al., v. Holt,
et al., No. 14-cv-844-SMY, raises similar claims for injunctive relief on behalf of several
other civil SDP detainees at BMRCC.1 A bench trial was held in that action, and the case
is under advisement pending a final order. If relief is ordered in Howe, that order could
address some of the issues raised by Harden in this case.
The Court observes that in the First Amended Complaint, Harden sues all
Defendants in both their official and individual capacities (Doc. 45, p. 3). Therefore, a sua
sponte dismissal of former IDOC Directors Godinez and Baldwin and former warden
Sullivan is not appropriate. Because Godinez, Baldwin, and Sullivan are no longer
serving in their former official capacities, however, any claims against these Defendants
will go forward against them in their individual capacities only.
IT IS ORDERED that pursuant to Rule 25(d), current BMRCC Warden Greg
Morgenthaler is SUBSTITUTED for former warden Sullivan as the official capacity
Defendant who will be responsible for implementing any injunctive relief that may be
ordered. FED. R. CIV. P. 25(d); Gonzalez v. Feinerman, 663 F.3d 311, 315 (7th Cir. 2011)
1 Plaintiff Harden had been a Plaintiff in Howe but voluntarily dismissed his claims in that case
without prejudice in June 2015 when he was conditionally released from BMRCC. (Doc. 73 in
Case No. 14-cv-844-SMY).
(proper defendant in a claim for injunctive relief is the government official responsible
for ensuring any injunctive relief is carried out). The Clerk of Court is DIRECTED to
ADD as a Defendant GREG MORGENTHALER, Warden of Big Muddy Correctional
Center (official capacity only).
Harden is ORDERED to file a status report to inform the Court and Defendants
of the outcome of the September 2021 hearing in Sangamon County Circuit Court on a
pending motion regarding his SDP commitment, within 7 days of the entry of any order
in that case.
As set forth in the most recent scheduling order (Doc. 61), the deadline to file any
motion to amend the pleadings is November 2, 2021.
No trial date or presumptive trial month has yet been set. The parties shall
continue their discussions to explore the possibility of settlement. If the parties believe a
settlement conference or mediation would be beneficial at any point before trial, they
should contact the Court.
The Court will set another telephonic status conference by separate order.
IT IS SO ORDERED.
DATED: September 2, 2021
wef pions!
NANCY J. ROSENSTENGEL
Chief U.S. District Judge