Guillard v. Pyle

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

GEZELLE GUILLARD,

Plaintiff,

Civil Action 2:22-cv-1960

v. Judge Michael H. Watson

Magistrate Judge Kimberly A. Jolson

TOM PYLE, et al.,

Defendants.

ORDER AND REPORT AND RECOMMENDATION

This matter is before the Court on Plaintiff’s Motion for Leave to Proceed in forma

pauperis. (Doc. 1). Plaintiff’s request to proceed in forma pauperis is GRANTED. All judicial

officers who render services in this action shall do so as if the costs had been prepaid. 28 U.S.C.

§ 1915(a). Additionally, having performed an initial screen, the Undersigned RECOMMENDS

Plaintiff’s Amended Complaint (Doc. 8) be DISMISSED in part.

I. BACKGROUND

Plaintiff brought this lawsuit on April 15, 2022, purportedly on behalf of herself and other

plaintiffs. The Court severed the claims of others, and directed Plaintiff to file an amended

complaint. Specifically, the Court ordered Plaintiff to identify which claims she was bringing

against each defendant and, under Rule 8 of the Federal Rules of Civil Procedure, provide:

(1) a short and plain statement of the grounds for the court’s jurisdiction;

(2) a short and plain statement of the claim showing that the pleader is entitled to

relief; and

(3) a demand for the relief sought, which may include relief in the alternative or

different types of relief.

Fed. R. Civ. P. 8(a)(1)–(3).

This was required because Plaintiff’s complaint was “too vague for the Court to discern

whether her Complaint should be screened pursuant to 28 U.S.C. § 1915(e)(2).” (Doc. 7). To

assist in complying with the Court’s rules, Plaintiff was provided with the Court’s Complaint Form

(Pro Se), and directed to consult the Court’s pro se guide, which provides basic information

regarding the preparation of a complaint. (Id.); see A Guide for Pro Se Civil Litigations:

Representing Yourself in the United States District Court for the Southern District of Ohio, Sec.

III.1, available at http://www.ohsd.uscourts.gov/pro-se-handbook.

On June 24, 2022, Plaintiff filed an Amended Complaint (Doc. 8), which is now before the

Court for an initial screen.

II. STANDARD

Because Plaintiff is proceeding in forma pauperis, the Court must dismiss any portion of

the Complaint that is frivolous, malicious, fails to state a claim upon which relief can be granted,

or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C.

§ 1915(e)(2); see also McGore v. Wrigglesworth, 114 F.3d 601, 608 (6th Cir. 1997) (“Even if a

non-prisoner pays the filing fee and/or is represented by counsel, the complaint must be screened

under § 1915(e)(2).”). While true that pro se complaints are to be construed liberally, Haines v.

Kerner, 404 U.S. 519, 520 (1972), “basic pleading essentials” are still required, Wells v. Brown,

891 F.2d 591, 594 (6th Cir. 1989). Rule 8(a)(2) of the Federal Rules of Civil Procedure requires

a complaint to set forth “a short and plain statement of the claim showing that the pleader is entitled

to relief.”

III. DISCUSSION

In her Amended Complaint (Doc. 8), Plaintiff sues: Athens City Police, Athens City

School District, Athens County Children Services, Athens County Sheriffs Dept, Athens

Municipal Courts, Bob Blackburn, Kara Bolin, Campus Heights, City of Athens, Clerk of Courts,

Mike DeWine, Carly Ferguson, Andrew Foster, Tom Gibbs, Angela Hall, Ron Hawk, Dave

Hayden, Ross Holter, Ricky Hysel, Derrick Johnson, Mandi Knowlton-Cain, Caitlyn McDaniel,

Nick McGruder, Steve Patterson, Tom Pyle, Steven Roach, Candy Russell, Jeff Skinner, Rodney

Smith, Southeastern Ohio Legal Services, and Dave Yost.

For the following reasons, Plaintiff’s claims against Athens City School District, Bob

Blackburn, Kara Bolin, Tom Gibbs, Angela Hall, Dave Hayden, Steven Roach, and Jeff Skinner

(“the School Defendants”) may proceed. It is RECOMMENDED, however, that the claims

against the remaining defendants be dismissed.

A. Claims Against the School Defendants

The heart of Plaintiff’s allegations concern how her son has been treated at school. She

alleges abuse, including physical assaults by an instructor and a classmate, and then a failure to

protect. Plaintiff says that individually, and together, the School Defendants created and allowed

an unsafe educational environment.

Liberally construing her pro se complaint, the Court permits these claims to proceed. Still,

Plaintiff is advised that she will be required to develop her case throughout this litigation. And the

Court retains the power to dismiss her case if it becomes clear that she cannot meet the standards

of 28 U.S.C. § 1915(e)(2). Plaintiff is also advised that she will need to make clear what claims

she is bringing on behalf of herself and what, if any, claims are brought on behalf of her son.

B. Remaining Claims

Even giving Plaintiff some leeway, her claims against the remaining defendants fail to state

a claim upon which relief can be granted. The remaining defendants are: Athens City Police,

Athens County Children Services, Athens County Sheriffs Dept, Athens Municipal Courts,

Campus Heights, City of Athens, Clerk of Courts, Mike DeWine, Carly Ferguson, Andrew Foster,

Ron Hawk, Ross Holter, Ricky Hysel, Derrick Johnson, Mandi Knowlton-Cain, Caitlyn McDaniel,

Nick McGruder, Steve Patterson, Tom Pyle, Candy Russell, Jeff Skinner, Southeastern Ohio Legal

Services, and Dave Yost.

At base, it appears that Plaintiff wanted these defendants to respond differently to what was

happening at her son’s school. But Plaintiff has not alleged any violation of her constitutional or

federal rights with regards to how they responded—or failed to respond. And, for many of the

remaining defendants, Plaintiff has stated very little and certainly not enough for a case to proceed

against them. For example, Plaintiff is disappointed that: Lawyers from Southeast Ohio Legal

Services did not do more with her case (Doc. 8 at 8), the mayor of Athens did not meet with her

(id. at 9), and Campus Heights and property manager Ricky Hysell have not done “necessary

repairs” on her apartment (id. at 9–10). None of this states a federal claim. As for the claims

against law enforcement, Plaintiff seems to challenge her son’s arrest, but Plaintiff has again not

said enough for any claim to proceed.

Additionally, Defendants Governor Mike DeWine and Attorney General Dave Yost are

immune from lawsuits for compensatory damages brought against them in their official capacities.

See Pennhurst St. Sch. & Hosp. v. Halderman, 465 U.S. 89, 100, 104 S. Ct. 900, 79 L. Ed. 2d 67

(1983); Lawson v. Shelby Cnty., 211 F.3d 331, 334 (6th Cir. 2000). Defendants Athens Municipal

Courts and its Clerk of Courts (Candy S. Russell) also enjoy immunity. See, e.g., Swann v. Reese,

No. 3:20-cv-509, 2022 U.S. Dist. LEXIS 90043 (S.D. Ohio May 19, 2022). So, for this additional

reason, the claims against these defendants must be dismissed.

C. Preliminary Pretrial Conference

The School Defendants answered Plaintiff’s Amended Complaint on July 20, 2022. So the

matter is ready to proceed to the next phase. The parties are directed to confer and file a 26(f)

Report by September 7, 2022. The required form is attached.

IV. CONCLUSION

Plaintiff’s request to proceed in forma pauperis (Doc. 1) is GRANTED. Having

performed the initial screen, the action may proceed against: Athens City School District, Bob

Blackburn, Kara Bolin, Tom Gibbs, Angela Hall, Dave Hayden, Steven Roach, and Jeff Skinner.

It is RECOMMENDED that the claims against Athens City Police, Athens County Children

Services, Athens County Sheriffs Dept, Athens Municipal Courts, Campus Heights, City of

Athens, Clerk of Courts, Mike DeWine, Carly Ferguson, Andrew Foster, Ron Hawk, Ross Holter,

Ricky Hysel, Derrick Johnson, Mandi Knowlton-Cain, Caitlyn McDaniel, Nick McGruder, Steve

Patterson, Tom Pyle, Candy Russell, Jeff Skinner, Southeastern Ohio Legal Services, and Dave

Yost be DISMISSED. Plaintiff and the School Defendants shall file their 26(f) Report by

September 7, 2022.

The Clerk is DIRECED to issue summons for Defendants Athens City School District,

Bob Blackburn, Kara Bolin, Tom Gibbs, Angela Hall, Dave Hayden, Steven Roach, and Jeff

Skinner. The United States Marshals Service is DIRECTED to effect service of process on these

defendants by certified mail.

Procedure on Objections

If any party objects to this Report and Recommendation, that party may, within fourteen

(14) days of the date of this Report, file and serve on all parties written objections to those specific

proposed findings or recommendations to which objection is made, together with supporting

authority for the objection(s). A Judge of this Court shall make a de novo determination of those

portions of the Report or specified proposed findings or recommendations to which objection is

made. Upon proper objections, a Judge of this Court may accept, reject, or modify, in whole or in

part, the findings or recommendations made herein, may receive further evidence or may recommit

this matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1).

The parties are specifically advised that failure to object to the Report and

Recommendation will result in a waiver of the right to have the District Judge review the Report

and Recommendation de novo, and also operates as a waiver of the right to appeal the decision of

the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140

(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

IT IS SO ORDERED.

Date: August 24, 2022 /s/ Kimberly A. Jolson

KIMBERLY A. JOLSON

UNITED STATES MAGISTRATE JUDGE