Opinion

Reames v. Roxana Police Department

Court
District Court, S.D. Illinois
Filed
Oct 17, 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

BRANDON A. REAMES, #63291, )

)

Plaintiff, )

)

vs. ) Case No. 22-cv-01832-JPG

)

ROXANA POLICE DEPARTMENT, )

JOHN DOE 1, )

JOHN DOE 2, )

and JOHN DOE 3, )

)

Defendants. )

MEMORANDUM & ORDER

GILBERT, District Judge:

Plaintiff Brandon Reames, an inmate at Madison County Jail, brings this civil rights action

pursuant to 42 U.S.C. § 1983 against Officer John Doe 1, Officer John Doe 2, Chief of Police John

Doe 3, and Roxana Police Department for an unlawful pat down that occurred in August 2021 in

Hartford, Illinois. (Doc. 1). He seeks money damages. (Id.).

The 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).

The Complaint

Plaintiff sets forth the following allegations in the Complaint (Doc. 1, pp. 11-12):

In August 2021, Plaintiff was driving to Casey’s General Store in Hartford, Illinois, when three

officers from Roxana Police Department pulled him over and conducted a pat down search. He

does not identify the officers individually in the statement of his claim. However, he names Officer

John Doe 1, Officer John Doe 2, Chief of Police John Doe 3, and Roxana Police Department as

parties in the case caption and list of defendants. (Id.).

Plaintiff alleges that, after he was pulled over, he identified himself and asked the officers

to explain why he was stopped. (Id. at 11). One officer said “because this is your vehicle.” (Id.).

Plaintiff explained that the vehicle belonged to his father and again asked why he was pulled over.

Another officer said, “Search him.” (Id.). In response, one of them stuck both of his hands down

Plaintiff’s pants, reached inside his boxers, and touched his “buttocks crack.” (Id.). The officer

then touched Plaintiff’s penis with his bare hands, prompting Plaintiff to push the officer off of

him. (Id.). Roxana’s Chief of Police asked Plaintiff what he thought about “his officers (sic)

shakedown,” and Plaintiff reported being sexually assaulted. (Id.). He informed the officers and

his public defender of the same thing. (Id. at 12). They promised to open an investigation but

never did. (Id.). Plaintiff was instructed to file this lawsuit instead. (Id.).

Discussion

Based on the allegations, the Court finds it convenient to organize the pro se Complaint

into the following enumerated Counts:

Count 1: Fourth Amendment claim against Defendants for the unlawful stop of

Plaintiff on Illinois Route 3 near Hartford, Illinois, in August 2021.

Count 2: Fourth Amendment claim against Defendant for the unlawful pat down of

Plaintiff near Hartford, Illinois, in August 2021.

Count 3: Monell claim against Roxana Police Department and all other defendants

for the unlawful stop and search of Plaintiff in August 2021.

Count 4: Fourteenth Amendment claim against Defendants for conducting a search

of Plaintiff that violated his right to equal protection of the law.

Count 5: Eighth Amendment claim against Defendants for conducting a search of

Plaintiff that violated his right to be free from cruel and unusual punishment.

Any claim that is mentioned in the Complaint but not addressed herein is considered

dismissed without prejudice under Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007).

Counts 1 and 2

The Fourth Amendment guards against unreasonable searches and seizures. U.S. CONST.

Amend. IV. The reasonableness of a search or seizure “within the meaning of the Fourth

Amendment depends upon the facts and circumstances of each case.” South Dakota v. Opperman,

428 U.S. 364, 375 (1976). For example, officers may conduct brief investigatory stops of a suspect

and temporarily detain him for questioning or a limited investigation, “if they have reasonable

suspicion based on articulable facts that a crime is about to be or has been committed.” United

States v. Carlisle, 614 F.3d 750 (7th Cir. 2010) (citations omitted); United States v. LePage, 477

F.3d 485, 487 (7th Cir. 2007). The requisite level of suspicion is less than probable cause. United

States v. Sokolow, 490 U.S. 1, 7 (1989). Officers may also conduct a warrantless “protective

search” to look for weapons that might be used to harm the officer. Minnesota v. Dickerson, 508

U.S. 366, 373 (1993). An officer may even detain an item, if the officer has reasonable suspicion

to believe that it contains a weapon, contraband, or other evidence of a crime and the “exigencies

of the circumstances demand it or some other recognized exception to the warrant requirement is

present.” United States v. Place, 462 U.S. 696, 708-09 (1983). A warrantless search or seizure

may also be conducted to preserve evidence when it is in immediate risk of removal or destruction.

Ker v. State of California, 374 U.S. 23, 40-42 (1963) (warrantless seizure of marijuana supported

by reasonable belief drug could be easily destroyed or hidden).

In contrast, an arrest requires a warrant or probable cause. United States v. Vega, 72 F.3d

507, 515 (7th Cir. 1995). The probable cause determination hinges on “the common-sense

judgment of the officers based on the totality of the circumstances.” Jackson v. Parker, 627 F.3d

634, 638 (7th Cir. 2010). If probable cause is found to exist, it serves as an “absolute defense to

any claim under Section 1983 against police officers for wrongful arrest.” Jackson, 627 F.3d at

638 (quoting Mustafa v. City of Chicago, 442 F.3d 544, 547 (7th Cir. 2006)).

The Complaint falls short of stating a claim against the defendants for an unlawful stop

(Count 1) or search (Count 2) because the allegations do not specify which defendants were

responsible for what misconduct. Section 1983 liability hinges on personal responsibility for a

constitutional deprivation. Sanville v. McCaughtry, 266 F.3d 724, 740 (7th Cir. 2001). The

doctrine of respondeat superior does not apply to Section 1983 actions. Id. Therefore, Plaintiff

must set forth sufficient allegations against each named defendant to establish his or her personal

involvement in a violation of his constitutional rights.

Plaintiff names Officer John Doe 1, Officer John Doe 2, Chief of Police John Doe 3, and

Roxana Police Department as defendants in the Complaint. (Doc. 1, pp. 1-3). In the statement of

his claim, he does not sufficiently distinguish between them. The Court cannot tell who stopped

him, ordered the search of him, or conducted the intrusive pat down. He does not allege or suggest

that the officers failed to act on reasonable suspicion or probable cause when stopping him,

temporarily detaining him, and/or searching him. He also does not explain whether he was arrested

or charged with any crime as a result of the stop. The allegations are vague.

When a plaintiff does not know the name of a defendant, he may use a fictitious name, just

as the plaintiff did in his case caption and list of defendants. Maclin v. Paulson, 627 F.2d 83, 87

(7th Cir. 1980). In his statement of claim, however, Plaintiff must identify each individual

defendant using a different name and describe what each person did, or failed to do, in violation

of his rights. As it stands, the Court cannot tell the difference between the defendants. The

Complaint thus fails to satisfy the Rule 8 notice requirement because it lacks sufficient detail to

put each individual defendant on notice of which claims are stated against him. See FED. R. CIV.

P. 8(a); Twombly, 550 U.S. at 555 (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). Counts 1

and 2 shall be dismissed without prejudice against the defendants for this reason.

Count 3

Roxana Police Department appears to have been named in connection with a claim of

municipal liability. This defendant shall be dismissed with prejudice, however, because the police

department is not a suable entity under Section 1983. Best v. City of Portland, 554 F.3d 698 (7th

Cir. 2009) (citing Chan v. Wodnick, 123 F.3d 1005, 1007 (7th Cir. 1997); West v. Waymire, 114

F.3d 646, 646-47 (7th Cir. 1997)). Although this Court could adjust the caption to name the

municipality instead, it would not be appropriate to do so in this case.

The Complaint articulates no Monell claim. In order to obtain relief against a municipality,

a plaintiff must allege that the constitutional deprivations were the result of an official policy,

custom, or practice of the municipality. Monell v. Dept. of Soc. Servs., 436 U.S. 658, 69-91 (1978);

see also Thomas v. Cook Cnty. Sheriff’s Dept., 604 F.3d 293, 303 (7th Cir. 2009). The pleading

suggests no such thing. Plaintiff does not identify a defendant in connection with this claim or

refer to a policy, custom, or practice that caused a constitutional deprivation to occur. Count 3

shall therefore be dismissed without prejudice for failure to state any claim upon which relief may

be granted, and Roxana Police Department shall be dismissed with prejudice.

Count 4

Plaintiff also brings a Fourteenth Amendment equal protection claim against the

defendants. In order to establish a prima facie case of discrimination under the equal protection

clause, a plaintiff must show that he “is a member of a protected class,” that he “is otherwise

similarly situated to members of the unprotected class,” and that he “was treated differently from

members of the unprotected class.” Brown v. Budz, 398 F.3d 904, 916 (7th Cir. 2005) (quoting

McNabola v. Chicago Transit Auth., 10 F.3d 501 (7th Cir. 1993) (citing McMillian v. Svetanoff,

878 F.2d 186, 189 (7th Cir. 1989)). The allegations do not satisfy any of these elements because

Plaintiff has not alleged he is a member of a protected class, is similarly situated to members of an

unprotected class, or that he was treated differently from anyone else. Count 4 shall also be

dismissed without prejudice for failure to state a claim for relief.

Count 5

Plaintiff brings an Eighth Amendment deliberate indifference claim against the Roxana

Police Department, police chief, and two unknown officers for events that occurred during a stop

and search of him in Hartford, Illinois. The Eighth Amendment prohibits the cruel and unusual

punishment of convicted persons. See U.S. CONST. amend VIII. By all indications, Plaintiff was

not a convicted prisoner during the relevant time period, so the Eighth Amendment does not govern

his claims against the defendants. Count 5 shall therefore be dismissed with prejudice against the

defendants.

Disposition

IT IS ORDERED that the Complaint (Doc. 1) does not survive screening. COUNTS 1,

2, 3, and 4 are DISMISSED without prejudice, and COUNT 5 is DISMISSED with prejudice, all

for failure to state a claim upon which relief may be granted. In addition, ROXANA POLICE

DEPARTMENT is DISMISSED with prejudice, and the Clerk of Courts is directed to

TERMINATE this defendant as a party in CM/ECF.

Plaintiff is GRANTED leave to file a “First Amended Complaint” on or before

November 16, 2022. Should Plaintiff fail to file his First Amended Complaint within the allotted

time or consistent with the instructions set forth in this Order, the entire case shall be dismissed

with prejudice for failure to comply with a court order and/or for failure to prosecute his claims.

FED. R. CIV. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson

v. Kamminga, 34 F.3d 466 (7th Cir. 1994); 28 U.S.C. § 1915(e)(2). The dismissal shall also count

as a “strike” under 28 U.S.C. § 1915(g).

It is strongly recommended that Plaintiff use the civil rights complaint form designed for

use in this District. He should label the form, “First Amended Complaint,” and he should use the

case number for this action (No. 22-cv-01832-JPG). To enable Plaintiff to comply with this Order,

the CLERK is DIRECTED to mail Plaintiff a blank civil rights complaint form.

An amended complaint supersedes and replaces the original complaint, rendering the

original complaint void. See Flannery v. Recording Indus. Ass’n of Am., 354 F.3d 632, 638 n. 1

(7th Cir. 2004). Therefore, the Court generally will not accept piecemeal amendments to the

original Complaint. The First Amended Complaint must stand on its own without reference to any

previous pleading. Plaintiff must re-file any exhibits he wishes the Court to consider along with

it. The First Amended Complaint is subject to review pursuant to 28 U.S.C. § 1915A.

Finally, Plaintiff is ADVISED that he is under a continuing obligation to keep the Clerk of

Court and each opposing party informed of any change in his address; the Court will not

independently investigate his whereabouts. This shall be done in writing and not later than 7 days

after a transfer or other change in address occurs. Failure to comply with this Order will cause a

delay in the transmission of court documents and may result in dismissal of this action for want of

prosecution. See FED. R. CIV. P. 41(b).

IT IS SO ORDERED.

DATED: 10/17/2022

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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