United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL Chief U.S. District Judge
Bradley James Cornille, Sr., an inmate of the Illinois
Department of Corrections (''IDOC") who is
currently incarcerated at Menard Correctional Center
("Menard"), brings this action for deprivations of
his constitutional rights pursuant to 42 U.S.C. § 1983.
In the Complaint, Plaintiff alleges Sgt. Richard Groove and
Christopher Assistant Chief of Police Andrew Trologo
conducted a search of his home without a warrant. He asserts
claims against the defendants under the Fourth, Fifth, and
Fourteenth Amendments. Plaintiff seeks monetary damages.
removed the case from the Circuit Court for Franklin County,
Illinois, pursuant to 28 U.S.C. § 1441. (Doc. 1). The
Court finds that removal is proper. Accordingly, the
Complaint is subject to preliminary review pursuant to 28
U.S.C. § 1915A.
Section 1915A, the Court is required to screen prisoner
complaints to filter out non-meritorious claims. See
28 U.S.C. § 1915A(a). Any portion of a complaint that is
legally frivolous, malicious, fails to state a claim upon
which relief may be granted, or asks for money damages from a
defendant who by law is immune from such relief must be
dismissed. 28 U.S.C. § 1915A(b).
makes the following allegations: On either February 26, 2018,
or March 5, 2018, (the Complaint lists both dates), Sergeant
Groove and Assistant Chief of Police Trologo, from the City
of Christopher, asked if they could search Plaintiffs home
without a warrant (Doc. 1-1, p. 2). Plaintiff declined to
allow the officers in without a warrant, but the officers
conducted a search of Plaintiffs home without a warrant
anyway. They used items seized during the search to arrest
identifies the City of Christopher as a defendant in this
case, but he fails to allege any constitutional violation by
the City. A municipality may only be sued in a civil rights
action if the constitutional deprivations were the result of
an official policy, custom, or practice of the municipality.
Monell v. Dep't of Soc. Servs., 436 U.S. 658,
691 (1978); see also Pourghoraishi v. Flying J,
Inc., 449 F.3d 751, 765 (7th Cir. 2006). Plaintiff fails
to allege any policy or practice that caused the
constitutional deprivations alleged in his Complaint. Thus,
the City of Christopher is DISMISSED without
prejudice for failure to state a claim.
on the allegations in the Complaint, the Court finds it
convenient to designate a single Count in the Complaint:
Count 1:Defendants Richard Groove and Andrew Trologo
conducted an unlawful search of Plaintiffs house without a
warrant in violation of the Fourth Amendment.
parties and the Court will use these designations in all
future pleadings and orders, unless otherwise directed by a
judicial officer of this Court. Any other claim that is
mentioned in the Complaint but not addressed in this Order
should be considered dismissed without prejudice as
inadequately pled under the Twombly pleading
lacking in detail, when construing the pro se
Complaint liberally, the Court finds that Plaintiff has
stated a claim against Groove and Trologo for searching his
home without a warrant. Payton v. New York, 445 U.S.
573, 586 (1980) (''[S]earches and seizures inside a
home without a warrant are presumptively
unreasonable."); United States v. McGraw, 571
F.3d624, 628 (7th Cir. 2009). Thus, Count 1 shall proceed.
Plaintiff is currently in prison, it is not clear from the
Complaint whether his imprisonment stems from charges
associated with the search of his home. Even if the arrest
was related to the search, the Seventh Circuit has held that
Fourth Amendment claims do not necessarily imply the
invalidity of a criminal conviction, such that the claim
would be barred by Heck v. Humphrey,512 U.S. 477
(1994). See Easterling v. Desmond,334 Fed.Appx. 22,
23 (7th Cir. 2009). From the record currently before this
Court, and in the absence of any ...