Opinion

Moon

Court
District Court, C.D. Illinois
Filed
Jun 12, 2026
Cited by
0 cases
Authority
More cited than 41.0%

“[M]ultiple 4 claims against a single party are fine, but Claim A against Defendant 1 should not be joined with unrelated Claim B against Defendant 2. Unrelated claims against different defendants belong in different suits[.]”

How later courts described this case

  • “[M]ultiple 4 claims against a single party are fine, but Claim A against Defendant 1 should not be joined with unrelated Claim B against Defendant 2. Unrelated claims against different defendants belong in different suits[.]”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURTS

CENTRAL DISTRICT OF ILLINOIS

PEORIA DIVISION

DAVEON MOON, )

Plaintiff, )

)

v. ) Case No. 26-1221-SEM-DJQ

)

KEVIN MURRAY AND )

SERGEANT PEREZ, )

Defendants. )

ORDER

SUE E. MYERSCOUGH, United States District Judge:

Plaintiff Daveon Moon, proceeding pro se and currently in

custody at Menard Correctional Center, filed the original Complaint

(#1) in this case in the District Court for the Southern District of

Illinois. That court granted Plaintiff leave to proceed in forma

pauperis. Plaintiff filed an Amended Complaint (#33) on May 4,

2026, which made clear that the events in question occurred at

Pontiac Correctional Center. The matter was thereafter transferred

to this Court, which now proceeds to a merit review of Plaintiff’s

claims.

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BACKGROUND

On January 9, 2024, Defendant Kevin Murray was

transporting Plaintiff to a mental health visit when he used

threatening and racially derogatory language toward Plaintiff.

Murray told Plaintiff that “[h]e knew about all the freaky things Sgt.

Perez do” and told Plaintiff that he did not like when “any of you

inmates file P.R.E.A. [Prison Rape Elimination Act] on any of my

officers.” Murray then threatened to have Plaintiff killed.

As Plaintiff and Murray walked to the mental health visit,

Murray fondled Plaintiff’s penis and backside then pushed Plaintiff

down the stairs. Plaintiff suffered injuries to his left knee, right

wrist, and hands.

Plaintiff filed a grievance against Murray. Later, however, his

counselor told him that “nothing had been filed” relating to Murray

or Perez. When Plaintiff inquired further, his counselor told him

that some staff members “feared these male staff,” such that they

would not act on grievances.

Analysis

Pursuant to 28 U.S.C. § 1915A, the Court must “screen”

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Plaintiff’s complaint and, through such process, identify and

dismiss any legally insufficient claim or the entire action if

warranted. A claim is defective if it “(1) is frivolous, malicious, or

fails to state a claim upon which relief may be granted; or (2) seeks

monetary relief from a defendant who is immune from such relief.”

28 U.S.C. § 1915A.

“[A] complaint must contain sufficient factual matter, accepted

as true, to ‘state a claim to relief that is plausible on its face.’”

Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic

Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial

plausibility when the plaintiff pleads factual content that allows the

court to draw the reasonable inference that the defendant is liable

for the misconduct alleged.” Id.

Plaintiff expressly lists three sets of claims in his Amended

Complaint: (1) an Eighth Amendment violation “for Sgt. Perez

sexually assaulting me”; (2) First and Eighth Amendment violations

against Murray; and (3) a due process violation for “ignoring my

multiple other grievance issues.”

Beginning with Murray, Plaintiff has clearly stated a claim for

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excessive force in violation of the Eighth Amendment. Plaintiff has

also stated a First Amendment retaliation claim, as he alleges that

Murray’s conduct was directly preceded by excoriating him for filing

a complaint against Perez. This permits a plausible inference that

Plaintiff’s grievance against Perez was “at least a motivating factor”

in Murray’s conduct. See Bridges v. Gilbert, 557 F.3d 541, 546 (7th

Cir. 2009).

Turning to Perez, the Court notes that while Plaintiff states in

his enumerated counts that Perez sexually assaulted him, little to

no description of that event is included in the body of the Amended

Complaint. Whatever happened with Perez appears to have

occurred some unknown period of days or weeks before the

allegations against Murray. While Plaintiff alleges Murray retaliated

against Plaintiff based on Plaintiff’s complaint about Perez, there is

no indication Perez was personally involved with anything that

occurred on January 9, 2024. If Plaintiff wants to pursue claims

against Perez, he must do so in a separate lawsuit. Such claims are

not properly joined with Plaintiff’s claims against Murray. See

George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (“[M]ultiple

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claims against a single party are fine, but Claim A against

Defendant 1 should not be joined with unrelated Claim B against

Defendant 2. Unrelated claims against different defendants belong

in different suits[.]”); see also Fed. R. Civ. P. 18(a).

Finally, Plaintiff does not name as a defendant any individual

who “ignore[ed]” his grievances. Moreover, “prisoners generally have

no constitutional right to an investigation of their grievances.”

Raney v. Moon, 2026 WL 1487855, at *2 (7th Cir. May 28, 2026).

IT IS THEREFORE ORDERED:

1. Pursuant to its review, the Court finds that Plaintiff’s

Amended Complaint states Eighth Amendment excessive force and

First Amendment retaliation claims against Murray. Any additional

claims shall not be included in the case, except at the Court’s

discretion on motion by a party for good cause shown or pursuant

to Federal Rule of Civil Procedure 15.

2. The Clerk is directed to DISMISS Sergeant Perez as a

Defendant in this case.

3. The Clerk is directed to effect service of process on

Murray pursuant to the Court’s standard procedures.

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4. This case is now in the process of service. Plaintiff is

advised to wait until counsel has appeared for Defendant before

filing any motions in order to give Defendant notice and an

opportunity to respond to those motions. Motions filed before

Defendant’s counsel has filed an appearance will generally be

denied as premature. Plaintiff need not submit any evidence to the

Court at this time unless otherwise directed by the Court.

5. The Court will attempt service on Defendant by mailing

waivers of service to them. Defendant has sixty (60) days from the

date the waiver is sent to file an answer. If Defendant has not

filed answers or appeared through counsel within ninety (90) days

of the entry of this Order, Plaintiff may file a motion requesting the

status of service. After Defendant has been served, the Court will

enter an Order setting discovery and dispositive motion deadlines.

6. Defendant shall file an answer within sixty (60) days of

the date the waiver is sent by the Clerk. A motion to dismiss is not

an answer. The answer should include all defenses appropriate

under the Federal Rules. The answer and subsequent pleadings

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shall be to the issues and claims stated in this opinion. In general,

an answer sets forth Defendant’s positions. The Court does not rule

on the merits of those positions unless and until a motion is filed by

Defendant. Therefore, no response to the answer is necessary or

will be considered.

7. This District uses electronic filing, which means that,

after defense counsel has filed an appearance, defense counsel will

automatically receive electronic notice of any motion or other paper

filed by Plaintiff with the Clerk. Plaintiff does not need to mail to

defense counsel copies of motions and other papers that Plaintiff

has filed with the Clerk. However, this does not apply to discovery

requests and responses. Discovery requests and responses are not

filed with the Clerk. Plaintiff must mail his discovery requests and

responses directly to Defendant’s counsel. Discovery requests or

responses sent to the Clerk will be returned unfiled, unless they are

attached to and the subject of a motion to compel. Discovery does

not begin until defense counsel has filed an appearance and the

Court has entered a Scheduling Order, which will explain the

discovery process in more detail.

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8. Counsel for Defendant is hereby granted leave to depose

Plaintiff at his place of confinement. Counsel for Defendant shall

arrange the time for the deposition.

9. Plaintiff shall immediately notify the Court, in writing, of

any change in his mailing address and telephone number. Plaintiff’s

failure to notify the Court of a change in mailing address or phone

number will result in dismissal of this lawsuit, with prejudice.

10. If Defendant fails to sign and return a waiver of service

to the Clerk within thirty (30) days after the waiver is sent, the

Court will take appropriate steps to effect formal service through

the U.S. Marshal Service on Defendant and will require Defendant

to pay the full costs of formal service pursuant to Federal

Rule of Civil Procedure 4(d)(2).

11. The Clerk is directed to enter the standard qualified

protective order pursuant to the Health Insurance Portability and

Accountability Act.

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ENTERED June 15, 2026.

s/ Sue E. Myerscough

________________________________

SUE E. MYERSCOUGH

UNITED STATES DISTRICT JUDGE

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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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