The opinion of the court was delivered by: Shadur, District Judge.
MEMORANDUM OPINION AND ORDER
Michael C. Antonelli ("Antonelli"), an Illinois resident now in
the custody of the United States Bureau of Prisons, brings this
42 U.S.C. § 1983 ("Section 1983") pro se Complaint for damages
and the expunction of certain state records. Antonelli alleges a
conspiracy to violate his constitutional rights under the
Fourteenth Amendment.*fn1 Jurisdiction exists under
28 U.S.C. § 1343(3).*fn2
Antonelli has requested leave to file his Complaint without
prepayment of the filing fees. For the reasons stated in this
memorandum opinion and order, Antonelli's motion is denied
without prejudice to his filing an amended complaint limited to
the single non-frivolous claim identified in this opinion.
In April 1978 Antonelli opened a checking account at the
Interstate Bank of Oak Forest, Illinois ("Bank") with a $100
deposit. Shortly thereafter Bank closed the account and sent
Antonelli a $100 draft. In the meantime Antonelli had written
several checks on the account, including one to Brementowne
Drugs, Inc. ("Brementowne") for a $28.62 purchase. Because Bank
had closed Antonelli's account, the check bounced.
In July 1978 Thomas Burnham ("Burnham"), head of the Special
Prosecutions Unit of the Cook County State's Attorney's Office,
communicated with Brementowne's owner John Royhl ("Royhl") and
had him sign a complaint charging Antonelli with deceptive
practice. Summons issued directing Antonelli to appear in court
On July 4 Antonelli entered a hospital for surgery on his right
hand. Although he informed his attorney he could not appear in
court on the date designated in the summons, his attorney failed
to appear and advise the court of Antonelli's situation. When
Antonelli failed to appear the court issued a warrant for his
arrest and set bond at $100. Thomas Kelly ("Kelly") of the Tinley
Park Police Department arrested Antonelli on the warrant, and a
new court date was set for October 4.
Later the same month Judge Frank J. McGarr of this District
Court sentenced Antonelli to a four-year term of imprisonment for
bank fraud. Then on October 23 Judge McGarr granted the
Government's motion to revoke Antonelli's appeal bond. Among the
reasons Judge McGarr cited for that action was the record of the
bond forfeiture warrant issued for Antonelli's failure to appear
in court for the proceedings on the complaint for deceptive
In October 1979 Antonelli petitioned the Circuit Court of Cook
County for expunction of the bond forfeiture warrant and the
record of his arrest. That court refused to expunge the records,
apparently because of Antonelli's prior criminal record. See Ill.
Rev.Stat. ch. 38, § 206-5 (1981). Antonelli appealed the decision
through the Illinois courts and unsuccessfully petitioned the
United States Supreme Court for certiorari. Antonelli v.
Illinois, 454 U.S. 1056, 102 S.Ct. 603, 70 L.Ed.2d 593 (1981).
Antonelli then sought federal habeas corpus relief. Judge Hubert
Will denied the petition for lack of custody. Antonelli v.
Lippman, No. 81 C 6968 (N.D.Ill. Dec. 23, 1981), cert. of
probable cause denied, No. 82-1474 (7th Cir. May 18, 1982), cert.
denied, 455 U.S. 993, 102 S.Ct. 1621, 71 L.Ed.2d 854 (1982).
Antonelli now seeks:
Declaratory and Injunctive relief and monetary
damages from all the players in the band of persons
who have caused a Bond Forfeiture Warrant to be on
At the outset this Court notes some difficulty in determining
the precise grounds underlying Antonelli's claims for relief.
Antonelli broadly alleges a conspiracy among numerous defendants
and asserts five separate "counts." Those "counts" are for the
most part little more than conclusionary statements of
constitutional violations. As such they do little to assist this
Court (or defendants) in understanding exactly what Antonelli is
suing about. Nonetheless Haines v. Kerner requires this Court to
overlook the technical deficiencies of the pro se Complaint.*fn4
Read with indulgence, the Complaint appears to raise two claims
premised on an alleged conspiracy among defendants:
1. a conspiracy to place a bond forfeiture warrant on
Antonelli's record and to ...