United States District Court, S.D. Illinois
STANLEY E. RECTOR, JR., Plaintiff,
DAVID H. SEARBY, JR., and JAYSON CLARK, Defendants.
MEMORANDUM AND ORDER
J. ROSENSTENGEL CHIEF U.S. DISTRICT JUDGE.
Stanley Rector, Jr. brings this action pursuant to 42 U.S.C.
§ 1983 seeking dismissal of criminal charges
pending in state court and monetary damages. The Complaint is
now before the Court for preliminary review under 28 U.S.C.
§ 1915A, which requires the Court to screen prisoner
complaints to filter out nonmeritorious claims. 28 U.S.C.
§ 1915A(a). Any portion of the Complaint that is legally
frivolous or malicious, fails to state a claim for relief, or
requests money damages from an immune defendant must be
dismissed. 28 U.S.C. § 1915A(b).
sets forth the facts and his claims in the Complaint as
follows: David H. Searby, Jr., the Perry County State
Attorney, presented a deal to his Perry County Public
Defender regarding charges in Jackson County. (Doc. 1, pp. 1,
6). Searby did not consult with Plaintiff or his Jackson
County Public Defender, Margerett Degen. (Doc. 1, p. 6).
Degen did not know Plaintiff was detained in the Perry County
jail and believed he was a fugitive. Id. Plaintiff
missed a court date in Jackson County. Id. Degen
appeared but was not informed Plaintiff was in custody.
Id. There was no information release form signed
allowing these actions to take place. Id.
on the allegations in the Complaint, the Court designates the
Count 1: Defendant Searby offered a deal to Plaintiff's
Perry County Public Defender on Plaintiff's Jackson
County charges without informing Plaintiff or Plaintiff's
Jackson County Public Defender.
Count 2: Defendants failed to inform Plaintiff's Jackson
County Public Defender that he was in the Perry County jail
and he missed a court date in Jackson County.
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 claim that is
mentioned in the Complaint but not addressed
in this Order is considered dismissed without prejudice
as inadequately pled under
are absolutely immune from liability for damages under §
1983 for conduct that is functionally prosecutorial; this
immunity is understood to broadly cover all conduct
associated with the judicial phase of the criminal
process.” Bianchi v. McQueen, 818 F.3d 309,
316 (7th Cir. 2016) (citing Van de Kamp v.
Goldstein, 555 U.S. 335, 341-43, 129 S.Ct. 855, 172
L.Ed.2d 706 (2009); Burns v. Reed, 500 U.S. 478,
486, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991); Imbler v.
Pachtman, 424 U.S. 409, 430-31, 96 S.Ct. 984, 47 L.Ed.2d
128 (1976)). Whether an individual “is protected by
absolute prosecutorial immunity depends on the type of work
he performed and the factual premises of the plaintiffs'
claims” because a “prosecutor only enjoys
absolute immunity insofar as he is ‘act[ing] within the
scope of his prosecutorial duties.'” Id.
at 318 (quoting Imbler v. Pachtman, 424 U.S. 409,
420, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976)). Here, the
Complaint relates to conduct during the judicial phase of the
criminal process and the State's Attorneys would be
entitled to absolute immunity. Accordingly, Searby and Clark
will be dismissed. Although the current claim does not
indicate any exception to prosecutorial immunity, out of an
abundance of caution, the dismissal will be without
the facts, as Plaintiff has alleged them, do not rise to the
level of a colorable constitutional claim cognizable via a
Section 1983 action. As a result, the Complaint will be
dismissed for failure to state a claim upon which relief may
be granted. The dismissal is without prejudice, and
Plaintiff is granted leave to amend.
IS HEREBY ORDERED that this matter does not survive
preliminary review under 28 U.S.C. § 1915A, and the
Complaint is DISMISSED without prejudice for
failure to state a claim upon which relief may be granted.
IS FURTHER ORDERED that Defendants DAVID H.
SEARBY, JR. and JAYSON CLARK are
DISMISSED without prejudice from the action.
The Clerk of Court is DIRECTED to
TERMINATE Defendants in the ...