Opinion

Brown v. Madison County Sheriff's Office

Court
District Court, S.D. Illinois
Filed
Sep 12, 2022
Cited by
0 cases
Authority
More cited than 21.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

DAVID F. BROWN, #17579, )

)

Plaintiff, )

)

vs. ) Case No. 22-cv-00886-JPG

)

MADISON COUNTY SHERIFF’S )

OFFICE and MADISON COUNTY )

JAIL ADMINISTRATION AND STAFF, )

)

Defendants. )

MEMORANDUM AND ORDER

GILBERT, District Judge:

Plaintiff David F. Brown, a detainee in Madison County Jail, filed two complaints

stemming from the same incident in the Circuit Court of the Third Judicial Circuit, Madison

County, Illinois, Case No. 2022-MR-000048 (filed January 31, 2022) (“first complaint”) and

Case No. 2022-LA-000391 (filed March 18, 2022) (“second complaint”). This case involves only

the first complaint. In it, Plaintiff sues Madison County Sheriff’s Office and Madison County Jail

Administration and Staff (“Defendants”) for violations of state criminal law in connection with

their handling of inmates during the COVID-19 pandemic. (Doc. 1-1). Plaintiff asks that the

Illinois State Attorney’s Office and Madison County Circuit Court bring a criminal complaint

against the defendants for attempted first degree murder in violation of 720 ILCS 5/8-4(A) and for

criminal recklessness in violation of 720 ILCS 5/12-5(a)(2). (Id.). He seeks no other relief.

On April 29, 2022, Defendants removed the case to this Court on the basis of original

federal question jurisdiction under 28 U.S.C. §§ 1441 and 1446. (Doc. 1). Plaintiff made no

objection to removal. Because this Court lacks subject matter jurisdiction, however, the case will

be remanded to state court.

The Complaint

In his complaint, Plaintiff alleges that Madison County Sheriff’s Office and Madison

County Jail Administration and Staff committed attempted first degree murder when jail officials

placed a pretrial detainee known to have COVID-19 in the same cell block with pretrial detainees

who were not COVID-positive. (Doc. 1-1, pp. 2-7). More than half of the detainees became ill

with COVID-19, including Plaintiff who suffered from massive headaches, chills, fever, runny

nose, scratchy throat, blurred vision, and body aches and pain, among other symptoms. Acting on

behalf of himself and similarly situated persons, Plaintiff asks that the Illinois State Attorney’s

Office and Madison County Circuit Court bring criminal charges against the defendants under

Illinois state law. (Id.).

Discussion

A defendant may remove any civil action from State court to the federal district court

embracing the place where the action is pending, if the action is one over which the federal court

has original jurisdiction. 28 U.S.C. § 1441(a). District courts have original jurisdiction of all civil

actions “arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331.

In other words, a suit based on federal law may be removed to federal court. 28 U.S.C. § 1441(b).

This is true whether the plaintiff actually pleads his claims under state or federal law.

Bartholet v. Reishauer A.G. (Zurich), 953 F.2d 1073, 1075 (1992). The Seventh Circuit Court of

Appeals put it this way in the context of removal:

Usually the plaintiff is master of his pleadings. The complaint stakes out a claim, and the

allegations of the complaint determine whether the claim arises under state or federal law.

Christianson v. Colt Industries Operating Corp., 486 U.S. 800, 108 S.Ct. 2166, 100

L.Ed.2d 811 (1988). If the complaint invokes state law, and the defendant believes that

federal law supplies a defense, the court in which the plaintiff files the suit will determine

the validity of the defense. When the parties are citizens of the same state, the process is

simple. Plaintiff picks a theory (state or federal); the theory prescribes the appropriate

court, which describes the case (including the defenses).

Sometimes, however, federal law so fills every nook and cranny that it is not possible to

frame a complaint under state law. An effort to invoke nonexistent state law is no different

from a spelling error. . . . [For example,] a complaint about pensions rests on federal law

no matter what the label its author attaches. Any suit based on federal law may be removed

to federal court. See 28 U.S.C. § 1441(b).

Bartholet, 953 F.2d at 1075 (citations omitted).

This suit is not based on federal law at all. Plaintiff explicitly seeks criminal prosecution

of the defendants under state law. He requests that a criminal complaint be brought against them

for attempted first degree murder under 720 ILCS 5/8-4(A) and for criminal recklessness under

720 ILCS 5/12-5(a)(2). The complaint belongs in Illinois state court.

In their Notice of Removal (Doc. 1), Defendants characterize Plaintiff’s first and second

complaints, together, as actions under 42 U.S.C. § 1983 that include a state law claim for attempted

first degree murder (first complaint) and a federal constitutional claim for deliberate indifference

to serious medical needs (second complaint). (Doc. 1). Defendants maintain that this “entire

action” is removable on the basis of original federal question jurisdiction. Id. (citing 28 U.S.C.

§ 1441(a)). According to the statute governing federal question jurisdiction, federal courts have

original jurisdiction over claims “arising under the Constitution, treaties, or laws of the United

States.” 28 U.S.C. § 1331. As Defendants correctly point out, “[t]he presence or absence of

federal-question jurisdiction is governed by the ‘well-pleaded complaint rule,’ which provides that

federal jurisdiction exists only when a federal question is presented on the face of plaintiff’s

properly pleaded complaint.” Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987). No federal

question is presented in the first complaint, which focuses entirely on prosecuting the defendants

for alleged crimes. The defendants point to no other grounds for removal. Under the

circumstances, this matter will be remanded.

The second complaint focuses on a federal question, i.e., an Eighth Amendment claim

against the defendants for exposing Plaintiff to an inmate who tested positive for COVID-19.

However, the second complaint is not part of this action. It is the subject of any entirely separate

case pending in this federal judicial district: Brown v. Lakin, et al., Case No. 22-cv-00887-JPG

(S.D. Ill.). Therefore, the Court will not address the second complaint here.1

Disposition

IT IS ORDERED that this case is REMANDED to the Circuit Court of the Third Judicial

Circuit, Madison County, Illinois (Case No. 2022-MR-000048), pursuant to 28 U.S.C. § 1447(c)

because this Court lacks subject matter jurisdiction.

The Clerk is DIRECTED to TERMINATE the pending Motion for Recruitment of

Counsel (Doc. 10), CLOSE this case, ENTER judgment, and MAIL a certified copy of this Order

to the clerk of the state court. See 28 U.S.C. § 1447(c).

IT IS SO ORDERED.

DATED: 9/12/202

s/J. Phil Gilbert

J. PHIL GILBERT

United States District Judge

1 Had Plaintiff brought both claims in a single complaint, the defendants could have removed the entire

action, despite its inclusion of “[a] claim arising under the Constitution, laws, or treaties of the United States

(within the meaning of 28 U.S.C. § 1331 of this title)” and a claim that is “not within the original or

supplemental jurisdiction of the district court or a claim that has been made nonremovable by statute.

28 U.S.C. § 1441(c)(1)(a)-(b). Id. Upon removal, this Court would simply sever the nonremovable claim

(i.e., state prosecution claim) from the action and remand it to state court. This action would then focus on

the claim over which the Court has original federal question jurisdiction (i.e., Eighth Amendment claim).

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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