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TERPENING v. BRETT

September 25, 2002

KENNETH R. TERPENING II, PLAINTIFF,
V.
MICHAEL BRETT IRVING, ET AL., DEFENDANTS.



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

OPINION

A serial litigant in the making.

Plaintiff is forewarned.

This Court will not tolerate meritless, repetitive, or vexatious suits.

Motion to dismiss allowed.

I. BACKGROUND

Plaintiff Kenneth R. Terpening II has filed the above-captioned case, pursuant to 42 U.S.C. § 1983, alleging that certain current and former government officials, along with certain employees of a shelter for abused women, have engaged in "mischief, mayhem, domestic terror, [and] attempted murder." In his Complaint, Terpening alleges that his claim arises out of the former Pike County State's Attorney's handling of a criminal case (and the events which subsequently transpired) in which a "political lackey" allegedly molested his [Terpening's] children. Terpening's Complaint also includes allegations that Defendants have fabricated criminal charges against him, have sought and received bogus orders of protection against him, have robbed him, have planted evidence in order to incriminate him, and have engaged in conduct aimed at driving him to commit suicide as they have with others.

In support of this Complaint, Terpening has attached documents from seven separate state court cases which he has filed against various Defendants and documents concerning a complaint which he has made to the Illinois Judicial Inquiry Board. All of the attached documents arise out of the same sequence of events of which Terpening now complains in support of his § 1983 action.

Likewise, Defendants Judge Richard D. Greenlief and Judge Michael R. Roseberry have filed a motion asking the Court to dismiss Terpening's Complaint against them for failure to state a cause of action upon which relief can be granted. In addition, Judges Greenlief and Roseberry argue that Terpening's claim against them is barred by the doctrine of judicial immunity, by the doctrine of res judicata, and by the Eleventh Amendment. Accordingly, Judges Greenlief and Roseberry ask the Court to dismiss this case against them for one or all of these reasons.

Finally, the other Defendants named as parties in this case by Terpening have not responded, in any way, to his Complaint. However, the Court finds no evidence in the record to establish that Terpening has effected proper service of process upon them.*fn1 In any event, the Court's holding in this Order applies equally to all Defendants.

II. LEGAL STANDARD FOR MOTIONS TO DISMISS

In ruling on a motion to dismiss, the Court "must accept well pleaded allegations of the complaint as true. In addition, the Court must view these allegations in the light most favorable to the plaintiff." Gomez v. Illinois State Bd. of Educ., 811 F.2d 1030, 1039 (7th Cir. 1987). Although a complaint is not required to contain a detailed outline of the claim's basis, it nevertheless "must contain either direct or inferential allegations respecting all the material elements necessary to sustain a recovery under some viable legal theory." Car Carriers, Inc. v. Ford Motor Co., 745 F.2d 1101, 1106 (7th Cir. 1984). Mere conclusions, without supporting factual allegations, are insufficient to support a claim for relief. Cohen v. Illinois Inst. of Tech., 581 F.2d 658, 663 (7th Cir. 1978). Dismissal should not be ...


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