Opinion

JOHNNY TAYLOR v. CONNOR MARCHETTI, et al.

Court
District Court, N.D. Illinois
Filed
Sep 15, 2026
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JOHNNY TAYLOR, )

)

Plaintiff, ) Case No. 24-cv-05851

)

v. )

) Judge John Robert Blakey

CONNOR MARCHETTI, et al., )

)

Defendants. )

MEMORANDUM OPINION AND ORDER

Plaintiff Johnny Taylor sues Aurora Police Officer Connor Marchetti and his

employer, the City of Auora, as well as three employees in the Parole Division of the

Illinois Department of Corrections (“IDOC”): Matthew Blair, James Herbert, and

Michael Morris. Blair, Herbert, and Morris, referred herein as the “State

Defendants,” now move to dismiss all claims against them, [88]. For the reasons

explained below, the Court grants the motion in part.

I. Factual Background1

On July 10, 2023, Aurora Police Officer Connor Marchetti arrested Plaintiff

Johnny Taylor, a parolee, for felony failure to register as a sex offender. [71] ¶¶ 9,

13, 27. According to Marchetti’s incident report, Taylor failed to register as a sex

offender with the Chicago Police Department (CPD), as he was required to do on a

90-day basis; as it turned out, however, Taylor had not failed to register. Id. ¶¶ 12,

1 The Court takes these facts from Plaintiff’s amended complaint, [71], and accepts them as true for

purposes of resolving the motion to dismiss. See Killingsworth v. HSBC Bank Nevada, 507 F.3d 614,

618 (7th Cir. 2007).

21. First, Taylor was only required to register with CPD annually. Id. ¶ 22. Second,

Taylor had registered with CPD on April 14, 2023 (that is, 87 days prior to his arrest).

Id. ¶ 22; [112-9] at 3. Thus, even if Taylor was a 90-day registrant, he would still

have been compliant with his registration obligations.

Because Taylor was arrested on parole, Officer Marchetti reported the arrest

to Matthew Blair, an IDOC parole agent, and to James Herbert, an IDOC parole

supervisor. [71] ¶ 33. Afterwards, without consulting Taylor’s assigned parole agent

or IDOC’s Automated Management Service (AMS) records, Herbert and Blair

charged Taylor with a parole violation. Id. ¶¶ 33, 35. In doing so, they relied solely

upon Marchetti’s incident report. Id. ¶¶ 33, 37. This report listed both the date Taylor

had last registered (4/14/23) and the date of his arrest (7/10/23), a span of 87 days.

Id. ¶ 37; [112-9] at 3. The parole violation signed by Herbert and Blair also listed the

same dates of last registration and the date of arrest, demonstrating on its face that

90 days had not in fact passed since Taylor’s last registration. [88-3] at 2. Yet,

because of this parole violation charge, Taylor was sent to the Stateville Northern

Reception and Classification Center (NRC) in IDOC custody. [71] ¶ 38. He remained

there in “squalid conditions” while awaiting a parole hearing. Id. ¶ 40.

At his parole hearing on August 7, 2024, the Prisoner Review Board (PRB)

found there was no probable cause for Taylor’s initial arrest or for the first parole

violation. Id. ¶ 42. In particular, the PRB noted that the dates in the incident report

alone showed that Taylor had complied with his registration requirements. Id. ¶ 42.

Thus, the PRB dismissed the charge and ordered Taylor’s release. Id. ¶ 43.

Rather than releasing Taylor on the scheduled date, however, Michael Morris,

another IDOC Parole Division supervisor, charged Taylor with another parole

violation: failure to obtain a valid host site for release on parole (commonly called a

“gate violation”). Id. ¶¶ 45, 46. Morris did not contact Taylor’s assigned parole agent,

consult AMS records, or otherwise verify Taylor’s housing status prior to charging

Taylor with the violation. Id. ¶¶ 47, 48. In filing the gate violation, Morris affirmed

that no suitable host site existed for Taylor, despite attempts to place him with

family, friends, or any other places for which IDOC would pay. Id. ¶ 52; [112-16] at

1. Morris’s affirmation was false, as Morris in fact had not attempted to place Taylor

in the community prior to filing the gate violation. [71] ¶ 52.

Taylor alleges that Morris filed the gate violation in retaliation for a separate

pro se lawsuit Taylor filed against defendants including Morris based upon incidents

in 2022. Id. ¶ 49. Taylor further claims that a grievance counselor informed him that

Morris “hated sexual offenders” and had a reputation for doing anything he could to

make sure they remained confined. Id. ¶ 50.

The second parole violation charge prevented Taylor from leaving Stateville

NRC, even after the PRB ordered his release. Id. ¶ 51. Following a second hearing,

the PRB again ordered Taylor released after finding that Taylor had a valid host site

for release and did not violate his parole. Id. ¶ 54. IDOC released Taylor five weeks

after his arrest for failing to register. Id. ¶ 55; [112-1] ¶ 23. Taylor alleges that, in

total, the arrest and parole violation charges kept him on parole an extra 16 months.

[71] ¶ 58.

Plaintiff filed this suit on July 10, 2024, [1], then filed an amended complaint

[71] on July 29, 2025, alleging several violations of federal constitutional rights by

the State Defendants under § 1983, [71] ¶ 1, in addition to state law malicious

prosecution and indemnification claims, id. ¶¶ 108, 124, 128. In particular, he sues

Defendants Blair and Herbert for false arrest (Count IV) and illegal seizure, illegal

detention, and malicious prosecution in violation of the United States Constitution

(Count V) and Illinois law (Count VI), all premised upon the first unfounded parole

violation (for failing to register); and he sues Defendant Morris for false arrest (Count

VII) and illegal seizure, illegal detention, and malicious prosecution in violation of

the United States Constitution (Count VIII) and Illinois law (Count IX), all premised

upon the second unfounded parole violation (the gate violation). The State

Defendants now move to dismiss all claims against them for failure to state a claim

under Federal Rule of Civil Procedure 12(b)(6). See [88].

II. Applicable Legal Standards

To survive a motion to dismiss under Rule 12(b)(6), a complaint must provide

a “short and plain statement of the claim” showing that the pleader merits relief, Fed.

R. Civ. P. 8(a)(2), so the defendant has “fair notice” of the claim “and the grounds

upon which it rests,” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting

Conley v. Gibson, 355 U.S. 41, 47 (1957)). A complaint must also contain “sufficient

factual matter” to state a facially plausible claim to relief—one that “allows the court

to draw the reasonable inference” that the defendant committed the alleged

misconduct. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S.

at 570). This plausibility standard “asks for more than a sheer possibility” that a

defendant acted unlawfully. Id. In evaluating a complaint under Rule 12(b)(6), this

Court accepts all well-pled allegations as true and draws all reasonable inferences in

the plaintiff's favor. Id. This Court does not, however, accept a complaint’s legal

conclusions as true. Brooks v. Ross, 578 F.3d 574, 581 (7th Cir. 2009).

To state a claim under 42 U.S.C. § 1983, a plaintiff must “allege that a

government official, acting under color of state law, deprived them of a right secured

by the Constitution or the laws of the United States.” Estate of Sims ex rel Sims v.

County of Bureau, 506 F.3d 509, 514 (7th Cir. 2007). To determine liability under

§ 1983, it is “necessary to isolate the precise constitutional violation” with which the

defendant is charged; as a result, the “first inquiry in any § 1983 suit . . . is whether

the plaintiff has been deprived of a right secured by the Constitution and laws.”

Welton v. Anderson, 770 F.3d 670, 673 (7th Cir. 2014) (internal quotations omitted).

III. Analysis

Before turning to the individual claims, the Court observes that Plaintiff’s

operative complaint includes an opening paragraph alleging that “defendants

deprived plaintiff of his rights under the Fourth, Fifth, Eighth, and Fourteenth

Amendments to the United States Constitution,” [71] ¶ 1, but he does not tie any

specific claim to any specific Amendment. The Court, therefore, has had to infer his

intent from the language of the allegations, as noted below.

A. Plaintiff’s Fourth Amendment Claims

In Counts IV and VII, and Counts V and VII, Taylor appears to allege that

Defendants violated his Fourth Amendment rights when they arrested and seized

him without probable cause in connection with the first and second parole violations.

1. First Parole Violation (Herbert & Blair)

As to the first parole violation, Taylor alleges that Herbert and Blair violated

his Fourth Amendment rights when they violated him for failing to register as a sex

offender, as detailed in Marchetti’s arrest report. The Fourth Amendment

guarantees the “right of the people to be secure in their persons, houses, papers, and

effects, against unreasonable searches and seizures” unless there is a showing of

probable cause. U.S. CONST. amend. IV. Because parolees have a much more limited

liberty interest than ordinary citizens, however, “seizure of a parolee requires

something less than probable cause to be reasonable under the Fourth Amendment.”

Knox v. Smith, 342 F.3d 651, 657 (7th Cir. 2003). Instead, searches and seizures of

parolees remain constitutional if based upon reasonable suspicion. Id. Reasonable

suspicion is “something less than probable cause but more than a hunch, which exists

when there is some objective manifestation that a person is, or is about to be, engaged

in prohibited activity.” Id. at 659 (citing United States v. Lenoir, 318 F.3d 725, 729

(7th Cir. 2003)) (internal quotation marks omitted).

Here, Taylor has pled sufficient facts to state a plausible claim that Defendants

Herbert and Blair lacked such reasonable suspicion, and thus violated his Fourth

Amendment rights, when they issued the first parole violation. Defendants argue

that the “actual basis” for the violation “was that Plaintiff allegedly violated a

criminal statute, as evidenced by his arrest.” [88] at 7. While an arrest can be “a

viable, independent basis for filing a parole violation,” Colbert v. Willingham, No. 13-

cv-2397, 2015 WL 3397035, at *10 (N.D. Ill. May 26, 2015), aff’d sub nom. Colbert v.

City of Chicago, 851 F.3d 649 (7th Cir. 2017), law enforcement officers may not turn

a blind eye to the facts in this record. Herbert and Blair could not have an “objective

manifestation” that Taylor had violated or was about to violate his parole, as would

be required to constitutionally seize him, see Knox, 342 F.3d at 657, because

Marchetti’s incident report demonstrated, on its face, that Taylor last registered with

CPD just 87 days prior, and thus, in fact did not commit the crime for which he was

arrested.

The parole violation document itself, which shows an arrest date of July 10,

2023, and a registration date of April 14, 2023, further undermines any claimed

reasonable suspicion. [88-3] at 2. Based upon the allegations of the complaint,

Herbert and Blair signed and filed a parole violation charge based upon Taylor’s

arrest for an offense they knew he did not commit. The Court thus denies the State

Defendants’ motion to dismiss Plaintiff’s Fourth Amendment claims against Herbert

and Blair.

2. Second Parole Violation (Morris)

As to the second parole violation, Taylor alleges that Morris violated his Fourth

Amendment rights when he violated him for failing to obtain a valid host site. As

above, the central question is whether Morris had reasonable suspicion that Taylor

had violated the terms of his parole. And, as above, the Court finds that Taylor has

stated a plausible Fourth Amendment claim as to Morris as well.

As an initial matter, “a warrant request violates the Fourth Amendment if the

requesting officer knowingly, intentionally, or with reckless disregard for the truth,

makes false statements in requesting the warrant and the false statements were

necessary to the determination that a warrant should issue.” Knox, 342 F.3d at 658

(citing Beauchamp v. City of Noblesville, Ind., 320 F.3d 733, 742–43 (7th Cir. 2003)).

Taylor alleges that Morris falsely affirmed that he could find no suitable host sites

despite attempts to place Taylor with family, friends, or anywhere that IDOC would

pay for; in fact, he alleges that Morris did not even contact his parole agent to verify

his housing status or check Taylor’s readily available parole file, which showed that

Taylor was living on his own, in an approved rental unit at the time of his arrest. [71]

¶¶ 46–47. Given the allegations of deliberately false statements by Morris, and the

fact that Morris issued the second violation despite having access to Marchetti’s

report and Taylor’s AMS file (which demonstrated Taylor’s approved host site),

Taylor has plausibly alleged that Morris lacked reasonable suspicion to issue the

second parole violation and thus violated his Fourth Amendment rights. The Court

denies the State Defendants’ motion to dismiss the Fourth Amendment claim(s)

against Morris.

B. Claims Invoking the Fifth, Eighth, and Fourteenth Amendments

In addition to the Fourth Amendment, Plaintiff invokes the Fifth, Eighth, and

Fourteenth Amendments. But, as discussed below, his allegations do not plausibly

allege a violation of any of these Amendments.

The Fifth Amendment provides that “no person shall . . . be deprived of life,

liberty, or property, without due process of law.” U.S. CONST. amend. V. Here, the

“Fifth Amendment’s Due Process Clause is a misfit for a § 1983 action because it has

not been incorporated against the States.” Economan v. Luttrull, No. 24-3165, 2026

WL 82958, at *6 (7th Cir. Jan. 12, 2026); see also Dusenbery v. United States, 534 U.S.

161, 167 (2002) (distinguishing between the Due Process Clauses of the Fifth and

Fourteenth Amendments) (internal quotation marks omitted). Because Herbert,

Blair, and Morris were IDOC employees at all times relevant to this litigation, [71] ¶

6, they are not subject to Fifth Amendment claims under § 1983, and the Court

dismisses any Fifth Amendment claims against the State Defendants.

Taylor’s allegation of an Eighth Amendment violation also falls short. The

Eighth Amendment provides that “excessive bail shall not be required, nor excessive

fines imposed, nor cruel and unusual punishments inflicted.” U.S. CONST. amend.

VIII. Like the Fifth Amendment, however, the Eighth Amendment is inapplicable to

Taylor’s injury. Taylor does not allege that he was held in custody because he was

convicted of felony failure to register as a sex offender, but rather that he was

wrongfully held as a pretrial detainee in “squalid conditions . . . for a protracted

period.” [71] ¶ 40. This defeats an Eighth Amendment claim because “the State does

not acquire the power to punish with which the Eighth Amendment is concerned until

after it has secured a formal adjudication of guilt . . . without such an adjudication,

the pertinent constitutional guarantee is the Due Process Clause of the Fourteenth

Amendment.” Ingraham v. Wright, 430 U.S. 651, 671 n.40 (1977). Thus, even if

Taylor had plausibly alleged his pretrial detention constituted “cruel and unusual

punishment” (and he has not), the proper recourse for a § 1983 action would be

through the Fourteenth Amendment’s Due Process Clause. See id. Therefore, the

Court dismisses any Eighth Amendment claims against Herbert, Blair, and Morris.

Although Plaintiff’s allegations remain unclear as to any alleged Fourteenth

Amendment violation, it appears he is seeking to assert a claim based upon his

conditions of confinement. See [113] ¶ 22. The Fourteenth Amendment guarantees

that state governments may not “deprive any person of life, liberty, or property,

without due process of law.” U.S. CONST. amend. XIV, § 1. When pursuing a

conditions-of-confinement claim as a pretrial detainee, a plaintiff may “prevail by

showing that the actions are not rationally related to a legitimate nonpunitive

governmental purpose or that the actions appear excessive in relation to that

purpose.” Kinglsey v. Hendrickson, 576 U.S. 389, 398 (2015) (citing Bell v. Wolfish,

441 U.S. 520, 561 (1979)) (internal quotation marks omitted). Here, Plaintiff alleges

only that he was subject to “squalid conditions” at Stateville NRC, [71] ¶ 40, and this

allegation remains insufficient to state a plausible claim that Taylor’s rights as a

pretrial detainee were violated. Although unfortunate, that Taylor was subject to a

dirty living space, by itself, will not clear the threshold of plausibility. See McCoy v.

Atherton, 818 F. App’x 538, 541–42 (7th Cir. 2020) (affirming 12(b)(6) dismissal of

pretrial detainee’s Fourteenth Amendment conditions-of-confinement claim where he

alleged “he lived in a dirty cell”). The Court grants Defendants’ motion to dismiss as

to any Fourteenth Amendment claims.2

C. Qualified Immunity

Defendants also argue that they remain entitled to qualified immunity, and

that Plaintiff’s complaint fails on this basis as well. Having determined that Plaintiff

may proceed only on his Fourth Amendment claims, the Court considers only whether

Defendants Herbert, Blair, and Morris are entitled to immunity on Plaintiff’s Fourth

Amendment claims.

The defense of “qualified immunity protects government officials ‘from liability

for civil damages insofar as their conduct does not violate clearly established

statutory or constitutional rights.’” Pearson v. Callahan, 555 U.S. 223, 231 (2009)

(quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)). To assess whether qualified

immunity applies, “courts employ a two-prong test: (1) whether the facts, viewed in a

light most favorable to the injured party, demonstrate that the conduct of the officers

violated a constitutional right, and (2) whether that right was clearly established at

the time the conduct occurred.” Jackson v. Anastasio, 150 F.4th 851, 856 (7th Cir.

2025) (quoting Hardaway v. Meyerhoff, 734 F.3d 740, 743 (7th Cir. 2013)) (internal

quotation marks omitted). Courts may “exercise their sound discretion in deciding

2 To the extent this ruling creates tension with the Court’s order on the Aurora Defendants’ motion to

dismiss, [130], that tension is a function of the way Plaintiff pled his claims in the Amended Complaint.

which of the two prongs of the qualified immunity analysis should be addressed first.”

Pearson, 555 U.S. at 236.

Because Taylor has plausibly alleged that Defendants violated his Fourth

Amendment rights, the only remaining question is whether those rights were clearly

established at the time the conduct occurred. Rights are “clearly established when

existing precedent has ‘placed the statutory or constitutional question beyond

debate.’” Howell v. Smith, 853 F.3d 892, 897 (7th Cir. 2017) (quoting Reichle v.

Howards, 566 U.S. 658, 664 (2012)). This requires the plaintiff to “show either a

reasonably analogous case that has both articulated the right at issue and applied it

to a factual circumstance similar to the one at hand or that the violation was so

obvious that a reasonable person necessarily would have recognized it as a violation

of the law.” Chan v. Wodnicki, 123 F.3d, 1005, 1008 (7th Cir. 1997). At a minimum,

“there must be settled authority that would cause [the defendant] to understand the

illegality of the action.” Howell, 853 F.3d at 897.

Here, the Fourth Amendment rights allegedly violated by Herbert and Blair

were clearly established at the time of their conduct. Taylor alleges that Herbert and

Blair issued the first parole violation based solely on Marchetti’s report, which

demonstrated on its face that Taylor complied with his registration requirements.

On this point, the Supreme Court has held that “where the warrant application is so

lacking in indicia of probable cause as to render official belief in its existence

unreasonable . . . the shield of immunity will be lost.” Malley v. Briggs, 475 U.S. 335,

344–45 (1986) (internal citations omitted). Because the report demonstrates that

Herbert and Blair not only lacked reason to suspect Taylor had violated the statute

at issue, but that they had reason to know that he had not done so, their signing of

the parole violation documents violated clearly established law.

So too the Fourth Amendment rights allegedly violated by Morris. Long-

standing precedent in the Seventh Circuit holds that “a warrant request violates the

Fourth Amendment if the requesting officer knowingly, intentionally, or with

reckless regard for the truth, makes false statements in requesting the warrant and

the false statements were necessary to the determination that a warrant should

issue.” Knox, 342 F.3d at 658. Taylor alleges that Morris knowingly made false

statements necessary to support the gate violation; as such, he has plausibly alleged

that Morris’s conduct violated clearly established law, and the Court declines to

dismiss based upon qualified immunity.

D. Plaintiff’s State Law Malicious Prosecution Claims

In Counts VI and IX, Taylor alleges malicious prosecution claims under state

law against the State Defendants. Defendants seek to dismiss these claims, arguing

only that, if the Court dismisses Plaintiff’s federal claims, it should decline to exercise

supplemental jurisdiction over these claims. See [88] at 11. Because Plaintiff’s

Fourth Amendment Claims proceed, the Court declines to dismiss on the basis urged.

Defendants also argue that Taylor failed to address these claims in response

to their motion to dismiss, signaling that he has abandoned them, see [120] at 10. But

Defendants’ motion did not advance a substantive argument for dismissing the state

law claims. Because they merely asserted that the dismissal of the federal claims

counseled the dismissal of the state law claims, Taylor’s arguments in support of the

federal claims necessarily defended the state law claims. He thus “proffered some

legal basis to support his cause of action,” Bonte v. U.S. Bank, N.A., 624 F.3d 461, 466

(7th Cir. 2010), and the Court denies Defendants’ motion as to the state law claims.

IV. Conclusion

For the reasons explained above, the Court grants in part and denies in part

Defendants’ motion to dismiss [88]. Because Plaintiff's amended complaint fails to

state viable claims for violation of the Fifth, Eighth, or Fourteenth Amendments, the

Court grants the State Defendant’s motion to dismiss any such claims. Plaintiffs

Fourth Amendment claims may proceed, however, and the Court denies the motion

as to these claims, as well as Plaintiff's state law malicious prosecution claims.

Dated: September 15, 2026 Entered:

John Robert Blakey

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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