Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Firestine v. St. Clair County Jail

United States District Court, S.D. Illinois

October 31, 2017

ANTHONY FIRESTINE, #455139, BILLY SEALS, #5450, MONTRAE HARDY, DWAYNE BECK, #441070, JOSEPH TUNSTALL, #B83393, DAVID SCHAUB, #315207, and STEVEN JOHNSON, #430881, Plaintiffs,
v.
ST. CLAIR COUNTY JAIL, PHILLIP McLAUREN, SGT. BOUJACK, SGT. NICHOLS, SGT. MASSEO, SGT. COOK, R. SMITH, ARAMARK, MARY DAVIS, and ST. CLAIR COUNTY MEDICAL STAFF, Defendants.

          MEMORANDUM AND ORDER

          J. Phil Gilbert United States District Judge.

         This matter is before the Court for case management and for identification of the plaintiffs who will proceed with group litigation in this case. On May 30, 2017, several inmates at St. Clair County Jail ("Jail") filed a civil rights action pursuant to 42 U.S.C. § 1983 in this District. (Doc. 1). They challenged various conditions of their confinement at the Jail. (Doc. 1, pp. 5-6). The Complaint was signed by all seven plaintiffs, including Anthony Firestine, Billy Seals, Montrae Hardy, Dwayne Beck, Joseph Tunstall, David Schaub, and Steven Johnson. (Doc. 1, pp. 7-9).

         On June 2, 2017, this Court entered an Order pursuant to Boriboune v. Berge, 391 F.3d 852 (7th Cir. 2004). (Doc. 4). In the Boriboune Order, the Court designated Plaintiff Firestine as the "lead plaintiff in this action. Id. The Court warned all of the plaintiffs about the risks, obligations, and costs associated with group litigation. Id. With the exception of Lead Plaintiff Firestine, each plaintiff was then given an opportunity to withdraw from the case or sever his claims into individual actions. (Doc. 4). Any plaintiff who opted to proceed in a separate action was advised that his claims would be severed into a new case and subject to a filing fee in the new action, instead of the instant case. Id. The deadline for responding to the Boriboune Order was July 5, 2017. Id. Plaintiffs were informed that the only way to avoid the obligation to pay a filing fee for this action was to request dismissal from this action in writing by the deadline. Id. Plaintiffs were explicitly warned that "[a]ny Plaintiff who simply does not respond to this Order on or before July 5, 2017, will be obligated to pay the full filing fee and will also be dismissed from this action for want of prosecution and/or for failure to comply with a court order under Federal Rule of Civil Procedure 41(b)." (Doc. 4, p. 6) (emphasis added).

         On June 21, 2017, Plaintiffs Seals, Hardy, Beck, and Tunstall filed separate "Declarations" that were each docketed as a "Declaration/Response." (Docs. 13-16). No two declarations were alike. Id. In each, the plaintiffs complained about different conditions at the Jail. Id. Some of the complaints were generalized, while others were specific to the particular plaintiff. Id. The declarations shared one thing in common, i.e., no plaintiff mentioned the Court's Boriboune Order or responded to it by confirming his desire to proceed with group litigation or to proceed in a separate action. Id.

         In fact, the Court received no response to the Boriboune Order from any of the plaintiffs on or before July 5, 2017. The only plaintiff who filed any response at all was Plaintiff Seals, who submitted his "Motion to Sever Case" more than three weeks after the deadline expired. (Doc. 18). In the Motion, he failed to explain why his response was late or request an extension of the deadline for filing it. Id. The Motion to Sever Case shall therefore be denied, and Plaintiff Seals shall be treated like all other plaintiffs who failed to comply with the Boriboune Order by responding to it on or before July 5, 2017.

         Disposition

         IT IS HEREBY ORDERED that this action shall proceed only as to Lead Plaintiff ANTHONY FIRESTINE.

         IT IS FURTHER ORDERED that Plaintiffs BILLY SEALS, MONTRAE HARDY, DWAYNE BECK, JOSEPH TUNSTALL, DAVID SCHAUB, and STEVEN JOHNSON are DISMISSED as plaintiffs in this action based on their failure to timely respond to the Boriboune Order and for failure to prosecute their claims. (Doc. 4, p. 6) (citing Fed.R.Civ.P. 41(b)).

         IT IS ORDERED that Plaintiff Billy Seals' Motion to Sever Case (Doc. 18) is DENIED for failure to comply with the deadline in the Boriboune Order and for failure to prosecute his claims. (Doc. 4, p. 6) (citing FED. R. Civ. P. 41(b)).

         IT IS ORDERED that Plaintiff Dwayne Beck's Motion for Recruitment of Counsel (Doc 7) is DENIED as MOOT.

         IT IS ALSO ORDERED that all plaintiffs became obligated to pay the filing fee for this action at the time they filed it, and the obligation survives their dismissal from this action. Each plaintiff filed a Motion for Leave to Proceed in forma pauperis (Docs. 2, 6, 8, 9, 10, 12), which shall be addressed in separate court orders.

         The Clerk is DIRECTED to modify the case caption as follows: ANTHONY FIRESTINE, Plaintiff v. ST. CLAIR COUNTY JAIL, PHILLIP McLAUREN, SGT. BOUJACK, SGT. NICHOLS, SGT. MASSEO, SGT. COOK, R. SMITH, ARAMARK, MARY DAVIS, and ST. CLAIR COUNTY MEDICAL STAFF, Defendants.

         This case is still subject to preliminary review pursuant to 28 U.S.C. § 1915A. No service shall be ordered in the present case until the § 1915 A review is completed.

         IT IS FURTHER ORDERED that Plaintiff Firestine is GRANTED leave to file a "First Amended Complaint" in this case on or before November 29, 2017, in order to focus this case on claims that pertain only to him. Should Plaintiff fail to file his First Amended Complaint within the allotted time, this action may be dismissed for failure to comply with a court order or for failure to prosecute his claims. FED. R. Civ. P. 41(b). See ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.