United States District Court, C.D. Illinois, Springfield Division
MYERSCOUGH UNITED STATES DISTRICT JUDGE.
March 2017, Plaintiff Kelsey Sprong filed an eight-count
complaint in state court against Defendants Chris Elliott,
City of Roodhouse, and City of White Hall. Plaintiff alleges
constitutional violations under 42 U.S.C. § 1983 and
state law tort claims arising from an incident that occurred
in September 2016. Defendants removed the action to this
City of Roodhouse filed an answer (d/e 10) and a Partial Rule
12(b)(6) Motion to Dismiss (d/e 11) Counts V and VI. Because
Counts V and VI state a claim, the Motion is DENIED.
Court has subject matter jurisdiction because Plaintiff
brings a claim based on 42 U.S.C. § 1983, a federal law.
See 28 U.S.C. § 1331 (''The district
courts shall have original jurisdiction of all civil actions
arising under the Constitution, laws, or treaties of the
United States''). The Court has supplemental
jurisdiction over Plaintiff's state law claims pursuant
to 28 U.S.C. § 1367. Venue is proper because a
substantial part of the events or omissions giving rise to
Plaintiff's claims occurred in this district. 28 U.S.C.
motion under Rule 12(b)(6) challenges the sufficiency of the
complaint. Christensen v. Cnty. of Boone, 483 F.3d
454, 458 (7th Cir. 2007). To state a claim for relief, a
plaintiff need only provide a short and plain statement of
the claim showing he is entitled to relief and giving the
defendants fair notice of the claims. Tamayo v.
Blagojevich, 526 F.3d 1074, 1081 (7th Cir. 2008).
considering a motion to dismiss under Rule 12(b)(6), the
Court construes the complaint in the light most favorable to
the plaintiff, accepting all well-pleaded allegations as true
and construing all reasonable inferences in his favor.
Id. However, the complaint must set forth facts that
plausibly demonstrate a claim for relief. Bell Atlantic
Corp. v. Twombly, 550 U.S. 544, 547 (2007). Plausibility
means alleging factual content that allows the Court to
reasonably infer that the Defendants are liable for the
misconduct alleged. Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009). Merely reciting the elements of a cause of action
or supporting claims with conclusory statements is
insufficient to state a cause of action. Id.
FACTS ALLEGED IN THE COMPLAINT
following facts come from Plaintiff's Complaint and are
accepted as true at the motion to dismiss stage.
Tamayo, 526 F.3d at 1081.
September 6, 2016, while on duty for the White Hall Police
Department, Defendant Officer Chris Elliott responded to a
call for the Roodhouse Police Department regarding an
unattended minor who had been found at a park. Officer
Elliott took the child to the Roodhouse Police Department.
Plaintiff arrived and requested return of the minor child.
Officer Elliott advised Plaintiff that he was investigating
why the child had been alone and told Plaintiff that he had
contacted the Department of Children and Family Services
(DCFS). Officer Elliott further informed Plaintiff that her
child would remain under protective custody and be detained
while Officer Elliott investigated Plaintiff and the
Elliott demanded, in an aggressive and threatening manner,
that Plaintiff provide information to him. Plaintiff invoked
her right to silence and refused to answer questions from
Officer Elliott. Plaintiff asked Officer Elliott for her cell
phone, which was inside the Roodhouse Police Department, so
that she could contact an attorney. Officer Elliott refused
Plaintiff's request and continued to question Plaintiff.
asked Officer Elliott if she was under arrest, and he told
her she was not. Plaintiff attempted to leave the Roodhouse
Police Department. As Plaintiff began walking down the ramp
outside the police department, Officer Elliott grabbed
Plaintiff and physically pulled her into the Roodhouse Police
Department. Officer Elliott placed Plaintiff under arrest for
obstructing justice. Plaintiff was ...