United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
MICHAEL J. REAGAN Chief Judge
William Ali (a/k/a William Cole), a detainee at Madison
County Jail (“Jail”) located in Edwardsville,
Illinois, brings this action against the Madison County
Circuit Court, four circuit court judges, a prosecuting
attorney, his public defender, and his arresting officer
pursuant to the Federal Tort Claims Act (“FTCA”),
28 U.S.C. §§ 1346, 2671-80. Plaintiff claims that
these individuals violated his constitutional rights in
connection with criminal proceedings that are now pending in
Madison County Circuit Court. (Doc. 1, p. 6). He asks this
Court to order that all charges be dropped against him, to
order his release from custody, and to award him monetary
damages. (Doc. 1, p. 8).
case is now before the Court for a preliminary review of the
Complaint pursuant to 28 U.S.C. § 1915A, which provides:
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.
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.
2009). The Complaint does not survive preliminary review
under this standard.
Complaint consists of a list of constitutional deprivations
that allegedly occurred in connection with Plaintiff's
arrest on February 3, 2016, and his subsequent criminal
proceedings in three cases that are pending in Madison County
Circuit Court. (Doc. 1, pp. 5-6). Plaintiff maintains that
the warrant for his arrest was issued without probable cause,
an affirmation, or oath in violation of the Fourth Amendment.
(Doc. 1, p. 6). He claims that Judge Shroder failed to
“respect” him as an “Aboriginal Indigenous
American, ” known as “William Ali, ex rel.
William Cole” on February 14, 2017. Id.
Plaintiff complains of Fifth Amendment due process violations
resulting from the defendants' failure to reveal the
basis for jurisdiction over him. Id. In addition, he
complains of due process violations that resulted from the
defendants' decision to move forward with criminal
charges in Case Nos. 16 CF 1758 and 16 CF 3123 even after his
fiancé filed a “cease and desist”
“affidavit” demanding that the State of Illinois
discontinue its efforts to pursue charges, protective orders,
further injury, or punishment against Plaintiff. (Doc. 1, p.
Plaintiff maintains that the defendants have denied him a
speedy trial, denied him discovery, used “unlawful and
unconstitutional tactics, ” used “oppressive acts
of state government, ” allowed “unreasonable
delays, ” and have taken arbitrary actions against him,
in violation of the Sixth and Fourteenth Amendments. (Doc. 1,
p. 6). In support of these claims, Plaintiff explains that no
court stenographer was present at a hearing before Judge
Shroder on February 14, 2017. Id. He complains that
Judge Napp was formally assigned to his cases, but he has
appeared before three other judges as well, including Judge
Hightower, Judge Shroder, and Judge Tognarilli. Id.
Plaintiff's criminal cases have been pending since
February 3, 2016, and Plaintiff was not allowed to appear at
hearings that were scheduled or rescheduled in these matters
on three different dates in March 2017. Id.
on the allegations in the Complaint, the Court finds it
convenient to organize the pro se action into a
Count 1 - Defendants illegally arrested,
charged, and prosecuted Plaintiff in Madison County Circuit
Court Case Nos. 16 CF 313, 16 CF 1758, and 16 CF 3123, in
violation of his constitutional rights and the Federal Tort