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.

Crites v. Wood River Police Department

United States District Court, S.D. Illinois

April 18, 2018

DAVID W. CRITES, #78188, Plaintiff,
v.
WOOD RIVER POLICE DEPARTMENT, JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, and JOHN DOE 4, Defendants.

          MEMORANDUM AND ORDER

          J. Phil Gilbert U.S. District Judge

         Plaintiff David W. Crites, a detainee at Madison County Jail (“Jail”), brings this civil rights action pro se pursuant to 42 U.S.C. § 1983 against the Wood County Police Department and several of its officers. (Doc. 1). In the Complaint, Plaintiff seeks monetary damages from the defendants for an allegedly illegal search, seizure, and assault that occurred in January 2018. (Doc. 1, p. 5). This case is now before the Court for preliminary review of the Complaint 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 such relief.

         An 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

         Plaintiff sets forth the following allegations in his Complaint:

I David W Crites was walking down Ferguson Ave Wood River Illinois approx. 8 pm Jan 15, 2018. I was leaving my old place of residence. At 415 Short St. Wood River Illinois 62095. Where a dis-agreement with my ex-roommate/lover - Ms Mary Scalise- happend
After knocking and Mary looking out her big picture window seeing who just pulled to the curb directly in front of 415 short, Wood River Illinois, 62095 After her asking “who is it” - I stated it's David. Ive got a message from “Max She let me in to said residence huged exchanged plesentrys. Smoked high grad marjauauna. Several minutes later after expressing concern of her well being was asked to leave . . . After explaining I need legal paperwork and other things she stored in shed. . . .
When she threatend she would call 911 . . . I left 415 Short Ave and walked across railroad tracks up Furgson Ave. And was confronted by Wood River Police.
Under the color of law. These afore mentioned Wood River Police Officers violated my constitutional rights of life liberty and due process of law, illegal search and seizure, assault, crule unusal punishment abuse of power false imprisonment

(Doc. 1, p. 5). Along with the Complaint, Plaintiff filed a grievance in which he complains of limited law library access, interference with legal documents, and mishandling of ...


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.