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LOS v. WARDELL

August 15, 1991

DANIEL LOS, PLAINTIFF,
v.
LAURA WARDELL, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Richard Mills, District Judge:

OPINION

This case is a model for abuse of the judicial process.

Daniel Los brought this civil rights action against twenty-six named and unnamed Defendants — including various law enforcement officials, state's attorneys, a judge, and University of Illinois faculty members.

He claims that the Defendants violated his constitutional rights by expelling him from law school, by denying him access to University of Illinois property, by depriving him of his liberty without due process, and by refusing him medical care.

BACKGROUND

Over three years have elapsed since this suit was filed, yet the underlying facts still remain somewhat nebulous. The court gleans the following basic facts from Plaintiff's second amended complaint, his related habeas action, and from other pleadings:

As a result of several unspecified problems which arose in late 1985 and early 1986, Los was expelled from the University of Illinois College of Law on or about March 27, 1986. (Apparently, he had developed an obsessive infatuation with a law school classmate toward whom he made unwelcome advances.) On April 4, 1986, Plaintiff was arrested and charged with the offenses of Battery and Criminal Trespass to State Supported Land. He was accused of having entered the law school after being forbidden to do so; he was also accused of having choked a university worker.

On July 8, 1987, Los filed a petition for a writ of habeas corpus in the Danville Division of the Central District of Illinois, claiming that his guilty plea had not been voluntary. He also argued prosecutorial misconduct. The court (Chief U.S. District Judge Harold A. Baker) denied the petition; the court of appeals affirmed the district court.

In March, 1988, Plaintiff commenced the instant civil rights action, seeking leave to proceed in forma pauperis on his claims. By order of October 6, 1988, this Court conducted a merit review of Plaintiff's claims, see Wartman v. Branch 7, Civil Division, County Court, Milwaukee County, State of Wisconsin, 510 F.2d 130, 134 (7th Cir. 1975), and found the complaint factually deficient. However, the Court allowed Plaintiff the opportunity to submit a more definite and certain statement of his claims. In response, the Plaintiff filed motions for rehearing and to vacate "judgment," which the Court denied.

Plaintiff Los eventually submitted an amended complaint. Unfortunately, the amended complaint was nearly identical to the original pleading, consisting essentially of unsupported legal assertions of constitutional violations. The Court again found the complaint factually insufficient to state an arguable claim under 42 U.S.C. § 1983, but again granted the Plaintiff leave to file a more definite and complete factual statement of his claims.

On August 28, 1989, Plaintiff submitted a maundering second amended complaint. However, before the Court could review the merit of the amended pleading pursuant to 28 U.S.C. § 1915, the Plaintiff paid the statutory filing fee. Consequently, the Court filed the complaint and entered a scheduling order; the petition for leave to proceed in forma pauperis was denied as moot. Plaintiff filed an interlocutory appeal regarding the denial of pauper status. (He has also filed multiple motions for reconsideration of virtually every adverse ruling.)

On December 4, 1990, upon motion, the Court entered judgment in favor of the State's Attorney defendants. Plaintiff's appeal has now been dismissed,*fn1 and the matter is again before this court for consideration of the remaining Defendants' motions to dismiss the complaint. For the reasons stated in this order, the motions will be allowed.

It is well established that pro se complaints are to be liberally construed. Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), reh'g denied, 405 U.S. 948, 92 S.Ct. 963, 30 L.Ed.2d 819 (1972). See also Tarkowski v. Robert Bartlett Realty Company, 644 F.2d 1204 (7th Cir. 1980). They can only be dismissed for failure to state a claim if it appears "beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Haines, 404 U.S. at 521, 92 S.Ct. at 596. When considering whether to dismiss a complaint for failure to state a claim upon which relief can be granted, the Court takes the allegations in the complaint as true. See LaSalle National Bank of Chicago v. County of DuPage, 777 F.2d 377, 379 (7th Cir. 1985), cert. denied, 476 U.S. 1170, 106 S.Ct. 2892, 90 L.Ed.2d 979 (1986). Dismissal should be ...


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