The opinion of the court was delivered by: J. Phil Gilbert United States District Judge
This matter comes before the Court on the Report and Recommendation (Doc. 54) of Magistrate Judge Philip M. Frazier recommending that the Court grant the motions to dismiss filed by St. Clair County Jail (Doc. 18) and Monroe County, Illinois, Monroe County Board and Monroe County Jail (Doc. 28); grant in part and deny in part the motions to dismiss filed by Quinn, State Appellate Defender and Illinois Department of Corrections ("IDOC") (Doc. 29) and Engelman and Chaney (Doc. 47); and deny the motion for leave to amend filed by plaintiff Willie B. Hadley, Jr. (Doc. 49).
I. Report and Recommendation Review Standard
The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P. 72(b)(3). The Court must review de novo the portions of the report to which objections are made. Id. "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999).
The Report notes that Hadley has sued the defendants in their individual and official capacities based on his initial arrest in 1976, his former jail detention, his conviction and sentence, his former prison confinement, the decision to revoke his parole and his seizure and custody beyond the end of his sentence.
The Report found that Hadley's claims against Quinn, Engelman and Chaney in their official capacities and against IDOC and the State Appellate Defender in their entirety are barred by the Eleventh Amendment. The Report rejected for the moment the argument that Quinn, Engelman and Chaney are entitled to qualified immunity and that claims against them are barred by res judicata. It also found that Hadley's claims against Engelman and Chaney based on calculation of his parole revocation sentence calculation were not subject to dismissal.
The Report found that St. Clair County Jail, Monroe County Jail and Monroe County Board lacked capacity to be sued. It further found Hadley had pled facts showing his claim against Monroe County had accrued decades ago and that the statute of limitations had since run.
The Report recommends denying Hadley leave to file the amended complaint he has tendered because it does not correct the defects noted in the motions to dismiss and does not comply with Local Rule 15.1.
Hadley objects (Doc. 55) to two facets of Magistrate Judge Frazier's Report, which the ...