United States District Court, C.D. Illinois, Springfield Division
LUCAS A. LAMB, Plaintiff,
ROBERT MCMILLEN Defendant.
MYERSCOUGH, U.S. District Judge
the Court is Defendant Robert McMillen's Motion to
Dismiss Plaintiff Lucas A. Lamb's Complaint Pursuant to
Rule 12(b)(6) (d/e 6). Defendant's Motion to Dismiss is
GRANTED. Plaintiff's Complaint does not state a claim for
malicious prosecution under federal or state law or a claim
for unlawful retaliation in violation of the First Amendment.
Defendant and the prosecutor both had probable cause to
believe that Plaintiff had violated 720 ILCS 5/32-4(a), a
statute prohibiting communication with a person thought to
have been summoned as a juror with the intent to influence
that person regarding any matter that may be brought before
them in their capacity as a juror. This probable cause is
based on Plaintiff's Facebook posts and Defendant's
finding, noted in his police report, that Mark Boston was
empaneled on a jury in a traffic case on January 13, 2014.
because Plaintiff does not allege that he was detained after
charges were filed, he does not state a claim for malicious
prosecution under federal law, even if such a claim exists
after the United States Supreme Court's resolution of
Manuel v. City of Joliet, in which the Seventh
Circuit held that the plaintiff was precluded from bringing a
federal due process claim for malicious prosecution because
Illinois law provides an adequate remedy for malicious
prosecution. See 590 F. App'x 641, 642, (7th
Cir. 2015), cert. granted sub nom. Manuel v. City of
Joliet, Ill., 136 S.Ct. 890, 193 L.Ed.2d 783 (2016). The
Court relinquishes jurisdiction over Plaintiff's
state-law claim for intentional interference with electoral
expectancy and dismisses the claim without prejudice so that
Plaintiff may refile the claim in state court.
Lucas A. Lamb is a resident of Greene County, Illinois. At
all times relevant to this litigation, Defendant Robert
McMillen was Sheriff of Greene County, Illinois. Defendant, a
Democrat, was elected Sheriff in November 2010 without
a citizen and a member of the Greene County Board, Plaintiff,
a Republican, has been outspoken about his views regarding
politics, including his views about the limited role that he
believes that the Government should play in the lives of
citizens and changes that Plaintiff would make to the Green
County Sheriff's Office's policies. Plaintiff has
openly criticized law enforcement for prosecuting crimes that
Plaintiff believes to be victimless and for acting in a
manner that Plaintiff believes to be duplicitous, unfair,
unconstitutional, and cost-ineffective. Plaintiff has also
expressed additional political views that are at odds with
about December 8, 2013, Plaintiff declared that he would run
against Defendant in the 2014 election for Sheriff of Greene
County. Plaintiff was the only opponent of Defendant in the
election. On or before January 16, 2014, Defendant was aware
that Plaintiff was running against Defendant for Sheriff in
the 2014 election.
January 13, 2014, Plaintiff, Mark Boston, Plaintiff's
acquaintance and a candidate for the Greene County Board, and
others, posted commentary on Boston's Facebook wall. The
relevant comments between Plaintiff, Boston, and T. Koehne
were as follows:
Boston (10:29 AM): Yeah, got selected for jury duty
Plaintiff (10:47 AM): Hell yes!
Plaintiff (10:47 AM): Nullify, nullify, nullify!
Plaintiff (11:50 AM): Fija.org
Boston (11:51 AM): got it
Plaintiff (11:53 AM): Hopefully it's a seat belt ticket.
Sometimes I daydream about being on a jury that votes not
guilty on a seat belt ticket. You have the right to judge the
law and the action. Hang the jury, if necessary. Stand your
ground and inform the jury of fija.org.
Boston (11:54 AM): nope speeding in a school zone
Plaintiff (11:55 AM): Great. Remember there must be a clear
Plaintiff (2:46 PM): What's the verdict man, I'm
dying here T. Koehne (3:12 PM): Are jurors suppose [sic] to
talk about cases?
January 16, 2014, Defendant prepared and filed an incident
report identifying Plaintiff as a suspect for violating 720
ILCS 5/32-4(a), an Illinois statute criminalizing unlawful