United States District Court, S.D. Illinois
WALLY L. WEST, No. N-28098, Plaintiff,
MARION COUNTY SHERIFF'S DEPARTMENT, RICH STEVENSON, KEVIN CRIPPS, RYAN CASTLEMAN, CLAYTON CAIN, CRAIG VIEIRA, TYLER PARKER, and JOHN DOE, Defendants.
MEMORANDUM AND ORDER
PHIL GILBERT United States District Judge
Wally L. West, an inmate at Shawnee Correctional Center
(“Shawnee”), brings this action for deprivations
of his constitutional rights pursuant to 42 U.S.C. §
1983. On July 19, 2015, Defendants executed a search warrant
on Plaintiff's property. Plaintiff contends
Defendants' actions violated his Fourth and Fourteenth
Amendment rights and seeks monetary damages. Plaintiff's
current incarceration at Shawnee appears to be on charges
that are unrelated to the search warrant at issue in the
instant case. In connection with these claims, Plaintiff sues
the Marion County Sheriff's Department, Rich Stevenson
(Sheriff, Marion County Sheriff's Department), Ryan
Castleman (Detective, Marion County Sheriff's
Department), Kevin Cripps (Detective, Marion County
Sheriff's Department), Craig Vieira (Police Officer,
Marion County Sheriff's Department), Clayton Cain
(Sargent, Police Officer, Marion County Sheriff's
Department), Tyler Parker (Police Officer, Marion County
Sheriff's Department), and John Doe (Police Officer). All
Defendants are sued in their individual and official
Complaint is now before the Court for a preliminary review
pursuant to 28 U.S.C. § 1915A, which provides:
(a) Screening - The court shall review, before docketing, if
feasible or, in any event, as soon as practicable after
docketing, a complaint in a civil action in which a prisoner
seeks redress from a governmental entity or officer or
employee of a governmental entity.
(b) Grounds for Dismissal - On review, the court shall
identify cognizable claims or dismiss the complaint, or any
portion of the complaint, if the complaint-
(1) is frivolous, malicious, or fails to state a claim on
which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from
action or claim is frivolous if “it lacks an arguable
basis either in law or in fact.” Neitzke v.
Williams, 490 U.S. 319, 325 (1989). Frivolousness is an
objective standard that refers to a claim that any reasonable
person would find meritless. Lee v. Clinton, 209
F.3d 1025, 1026-27 (7th Cir. 2000). An action fails to state
a claim upon which relief can be granted if it does not plead
“enough facts to state a claim to relief that is
plausible on its face.” Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 570 (2007). The claim of
entitlement to relief must cross “the line between
possibility and plausibility.” Id. at 557. At
this juncture, the factual allegations of the pro se
complaint are to be liberally construed. See Rodriguez v.
Plymouth Ambulance Serv., 577 F.3d 816, 821 (7th Cir.
Complaint does not survive review under this standard.
19, 2015, Cripps sought and obtained a search warrant for
Plaintiff's property. (Doc. 1, p. 12). The warrant
allowed police to search “the property, residence,
vehicles, outbuildings and persons located at 300 W. Case
Street, Kinmundy, Il. 62854.” (Doc. 1, p. 15).
Plaintiff was the owner of the subject property. (Doc. 1, p.
6). However, both Plaintiff and an individual by the name of
Tyler West occupied the property. (Doc. 1, p. 20).
noted above, Cripps is the officer that applied for the
search warrant. (Doc. 1, pp. 12-14). Cripps' warrant
application was premised on information obtained during the
investigation and subsequent arrest of April Bardle.
Id. Specifically, Cripps' warrant application
included the information summarized in the following
morning of July 19, 2015, April Bardle's parents
contacted the Madison County Sheriff's Department to
report their daughter had stolen cash from Mrs. Bardle's
purse. (Doc. 1, p. 12). Cripps responded to the report and
subsequently located April Bardle at Plaintiff's
residence. (Doc. 1, p. 12). April Bardle was taken into
custody, transported to the Marion County Jail, and charged
with theft. (Doc. 1, p. 13). While at the Marion County Jail,
Bardle was searched. (Doc. 1, p. 13). The search revealed two
items in April Bardle's possession, both of which tested
positive for cocaine. (Doc. 1, p. 13). April Bardle
subsequently revealed that on two occasions on July 18, 2015
and on one occasion on July 19, 2015 she purchased the drug
known as SALT at Plaintiff's residence. (Doc. 1, pp.
13-14). It appears that both Plaintiff and Tyler West were
present on all three occasions. (Doc. 1, pp. 13-14). However,
Tyler West is identified as the individual that accepted
Plaintiff's money in exchange for the SALT. (Doc. 1, pp.
not entirely clear, Plaintiff seems to allege the search
warrant was unlawful because: (1) April Bardle is a drug user
and had used drugs shortly before her arrest; (2) April
Bardle admitted to performing oral sex for money the night
before her arrest; (3) April Bardle never observed Plaintiff
doing anything illegal or in possession of anything illegal;
(4) April Bardle never observed anything illegal in plain
view while at Plaintiffs residence; (5) although materials
found in April Bardle's possession tested positive for
cocaine, April Bardle reported purchasing and using SALT at
Plaintiffs residence; (6) April Bardle did not appear before
the judge issuing the warrant or sign an affidavit; and (7)
the search warrant did not include a description for
“anything to be searched.” (Doc. 1, pp. 5-6).
approximately 11:00 PM the search warrant was executed by the
Illinois Law Enforcement Alarm System Tactical Response Team
(“ILEAS”). (Doc. 1, p. 6). According to an
exhibit attached to the Complaint, ILEAS was utilized as a
result of “intelligence gathered and information that
[Plaintiff] is known to carry a firearm.” (Doc. 1, p.
20). ILEAS used battering rams and flash grenades to breach
Plaintiffs residence. (Doc. 1, p. 6). After securing the
scene, ILEAS turned the scene over to Castleman, Cripps,
Cain, Vieira, Parker, and Doe. (Doc. 1, p. 6). These
individuals “conducted a search of the residence,
outbuildings, property, and vehicles as set forth in the
search warrant.” (Doc. 1, p. 6). According to the
Complaint, no contraband was found. (Doc. 1, p. 6). Police
reports attached to the Complaint indicate that the following
items were seized:
● Digital Scale and a green drug pipe
● Mucus & Sinus relief bottle with miscellaneous
pills including 8 Trazadone pills
● Beretta Model U22 with loaded magazines
● 2 multi-colored drug pipes
● Numerous syringes and a sealed bottle of
● Glass Container with a small amount of green leafy
substance (field tested positive for the presence of
Marijuana and weighed less than 1.0 gram).
(Doc. 1, p. 21).
the warrant was executed, Plaintiff was working on his car
which was parked in the back of his residence on public
property. (Doc. 1, p. 6). Plaintiff and Anthony Finckbone, an
individual located on the property, were taken into custody,
removed from the scene, and detained at the Marion County
Sheriffs Department. (Doc. 1, pp. 6, 20). The Complaint
asserts that Plaintiff was taken into custody at gunpoint,
but provides no further details with regard to who took
Plaintiff into custody or with regard to Plaintiffs
subsequent transport to the Marion County Sheriffs
Department. No charges were filed in relation to execution of
the search warrant and the case was closed. (Doc. 1, p. 6).
contends that ILEAS officers damaged his residence during
execution of the search warrant. (Doc. 1, pp. 6, 24-36). The
damage to Plaintiffs residence was approximately $5, 000.
(Doc. 1, pp. 24-36). Plaintiff contends the Marion County
Sheriff s Department is liable for the damage because ILEAS
executed the search warrant on its behalf. (Doc. 1, pp. 6,
24). Plaintiff has sought compensation from the Marion County
Sheriffs Department; however, his demand has been ignored.
(Doc. 1, p. 6).
contends Defendants violated his rights under the Fourth and
Fourteenth Amendments when executing the search warrant on
July 19, 2015 and in detaining Plaintiff during the
investigation. Additionally, Plaintiff brings state law
claims for unlawful restraint, criminal trespass, criminal
damage, and official misconduct. Plaintiff seeks compensatory
and punitive damages.
of Certain Parties and Official Capacity Claims Rich
Stevenson in his Individual Capacity (Sheriff, ...