United States District Court, S.D. Illinois
ANTHONY T. MOORE, JR., Plaintiff,
DEBRA J. PHILLIPS, BRENDAN F. KELLY, TYSON MELVIN, DAVID LANDMANN, JUDY DAHLIN, DENNIS PLEW, CAKOHIA POLICE DEPARTMENT, UNKNOWN PARTIES #1-12, COUNTY OF ST. CLAIR, ILLINOIS Defendants.
MEMORANDUM AND ORDER
M. YANDLE, U.S. DISTRICT JUDGE.
Anthony T. Moore, Jr., an inmate at St. Clair County Jail,
brings this action for various deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983 and
violations of Illinois state law. Plaintiff requests
injunctive relief and damages.
originally filed this action on October 23, 2017. (Doc. 1).
On November 27, 2017, Plaintiff filed an Amended Complaint
(Doc. 8), which is his right under Fed.R.Civ.P. 15(a). The
Amended Complaint supersedes and replaces the original
Complaint, Flannery v. Recording Industry Ass'n of
America, 354 F.3d 632, 640 (7th Cir. 2004).
case is now before the Court for a preliminary review of the
Amended Complaint pursuant to 28 U.S.C. § 1915A, which
(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.
careful review of the Amended Complaint and any supporting
exhibits, the Court finds it appropriate to exercise its
authority under § 1915A; this action is subject to
makes the following allegations in his Amended Complaint. On
July 24, 2013, a jury found Plaintiff guilty of 2 Counts of
aggravated battery with a firearm and 1 Count of attempted
first degree murder in the December 20, 2012 shooting of
15-year-old “J.B.”, in case no. 12-cf-0182604 of
St. Clair County, Illinois. (Doc. 8, p. 6). Plaintiff was
sentenced to 34 years' imprisonment. Id. At
trial, J.B. testified that Plaintiff threw her in a ditch and
fired 3 shots at her, 2 of which struck her back and the base
of her skull. Id. J.B. testified that Plaintiff shot
her because he believed she was “snitching” about
a UPS truck robbery. Id.
was also indicted in 2013 in this District Court on 1 Count
of a Hobbs Act Robbery, based on the robbery of a UPS truck.
Id. United States v. Moore, 13-cr-30212-DRH
(S.D. Ill. 2013). A jury found him guilty in 2014.
Id. During the federal trial, J.B. testified that
she believed Plaintiff robbed the UPS truck, and that he
subsequently shot her and left her for dead. (Case 13-30212,
Doc. 84, p. 84). Plaintiff's attempt to eliminate a
witness adverse to him was taken into account in determining
the length of his sentence and the decision to run it
consecutively to his state law sentence; the Seventh Circuit
later upheld the sentence and its enhancement on those
grounds. U.S. v. Moore, 784 F.3d 398, 405-06 (7th
Landmann testified at the state trial that he interviewed
J.B. several hours after the incident. (Doc. 8, p. 7).
Defendant Plew also testified regarding subsequent interviews
he conducted with J.B. Id.
appealed his state conviction, and the Illinois Appellate
Court reversed the judgment on July 26, 2016 and remanded the
case for a new trial on the basis of an improper jury
instruction. Id. People v. Moore, No.
5-13-0466, 2016 WL 4041841 ( Ill. App. 5th Dis. July 26,
2016). It appears that Plaintiff's state court
proceedings are currently set for re-trial in 2018.
claims that he did not shoot J.B. and that he was at a
girlfriend's house from 9:00 pm on December 19, 2012
until 9:00 am December 20, 2012. (Doc. 8, p. 7). He was then
arrested at his Aunt Vicky's house at 10:00 am on
December 20, 2012. Id. Twelve officers converged on
the scene, and shot Plaintiff with a Taser. Id. The
officers then proceeded to stomp on Plaintiff and call ...