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Wyatt v. Hargadine

United States District Court, Seventh Circuit

October 18, 2013

ANTHONY L. WYATT, Plaintiff,
v.
IOWA CITY POLICE CHIEF SAM HARGADINE and SPRINGFIELD POLICE CHIEF ROBERT WILLIAMS, Defendants.

OPINION

SUE E. MYERSCOUGH, District Judge.

This matter is before the Court on the Motion to Dismiss filed by Defendant Sam Hargadine (d/e 19). Also pending are pro se Plaintiff Anthony L. Wyatt's Motion for Injunctive Relief (d/e 33) and Plaintiff's Motions to Amend/Correct Statement of Claims (d/e 25, 26). The Court GRANTS Defendant Hargadine's Motion to Dismiss because Plaintiff's Complaint fails to state a claim upon which relief can be granted. Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), the Court dismisses the claims against the remaining Defendant Williams for failure to state a claim. All remaining pending motions are DENIED AS MOOT.

I. BACKGROUND

On March 24, 2013, Plaintiff filed a pro se Complaint using a pre-printed form against Sam Hargadine, Chief of Police in Iowa City, Iowa, and Robert Williams, Chief of Police in Springfield, Illinois. Plaintiff alleges these Defendants violated his civil rights under 42 U.S.C. § 1983, and his First, Second, Fifth, Eighth, and Fourteenth Amendment rights.

In the "Statement of Claim" section of the pre-printed form, Plaintiff alleges that the incidents in question occurred on September 12, 2012 and May 13, 2013:

Both Defendant's constantly Harass "Me, " "My Family, " and "My Friends" that live in these cities, which is Springfield, Illinois, and Iowa City, Iowa. The Springfield, Il Police Chief Robert Williams is saying I can't live with my mom "Choicette Wyatt 2533 Poplar Ave in Springfield, IL. I can't be at any parks and recreational facilities here in Springfield, Ill. and in Iowa City, Iowa.
This is an form of "Harassment" and "Retaliation."

Plaintiff seeks $350, 000, 000 in damages and a restraining order against both Defendants.

Since filing the Complaint, Plaintiff has filed numerous "exhibits" to the Complaint (d/e 13, 17, 26, 28) and numerous motions, including two Motions to Amend/Correct Statement of Claims (d/e 25, 26), and a Motion for Injunctive Relief (d/e 33). This Court previously denied Plaintiff's Motion to Appeal Relief Requested (d/e 28).

Both Defendants have been served. Defendant Hargadine has filed a Motion to Dismiss (d/e 19) to which Plaintiff has failed to respond.

II. ANALYSIS

A. This Court Does Not Have Personal Jurisdiction Over Defendant Hargadine

Defendant Hargadine, the Iowa City Police Chief, has moved to dismiss Plaintiff's complaint against him under Federal Rule of Civil Procedure 12(b)(2), for lack of personal jurisdiction. Because there are no relevant contacts between Defendant Hargadine and the State of Illinois to establish the necessary minimum contacts for purposes of personal jurisdiction under the Due Process Clause, the Court has no personal jurisdiction over Defendant Hargadine in this case.

"When a district court determines a Rule 12(b)(2) motion based on the submission of written materials without holding an evidentiary hearing, the plaintiff must make a prima facie case of personal jurisdiction." Brandon Wade Licensing, LLC v. Terezowens.com, LLC, 2013 WL 1446356, at *2 (N.D. Ill. April 9, 2013). Under those circumstances, the plaintiff bears the burden of establishing personal ...


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