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Mohammed v. Anderson

United States District Court, N.D. Illinois, Eastern Division

August 21, 2019

ABDUL MOHAMMED, Plaintiff,
v.
ERIN ANDERSON, SUSAN VIVIAN, and NAPERVILLE COMMUNITY SCHOOL DISTRICT 203, Defendants.

          MEMORANDUM OPINION AND ORDER

          GARY FEINERMAN JUDGE.

         Abdul Mohammed brought this pro se suit against Naperville Community School District 203 and two of its officials, alleging that they falsely reported him to the Illinois Department of Children and Family Services (“DCFS”) for committing child abuse. Doc. 1-1. Defendants have moved for inherent authority sanctions. Doc. 98. After reviewing the motion, the court ordered Mohammed to show cause why it should not invoke its inherent authority to dismiss this case with prejudice due to his serious and repeated misconduct, which the order identified. Doc. 102; see Ayoubi v. Dart, 640 Fed.Appx. 524, 528 (7th Cir. 2016) (“Before exercising its inherent authority to sanction misconduct, a court must notify the litigant of the specific misdeed that is the basis for possible sanction and allow the litigant an opportunity to respond.”). Mohammed filed two responses, Docs. 103, 111, addressed the matter in open court, Doc. 112, and then filed a third response, Doc. 116. Given the egregiousness and persistence of his litigation misconduct, this case is dismissed with prejudice.

         Background

         The relevant facts are undisputed, consisting of various emails that Mohammed sent and phone calls that he made to Defendants' attorneys. Several examples follow. The grammatical, spacing, and spelling errors are Mohammed's.

         March 25, 2019. In response to a direct but professional email from defense counsel asking that he not yell at her law firm's staff, Mohammed wrote: “Do whatever you like. This fuckin email is equivalent to the dirt of my shoes.I will also present a Motion for Sanctions against both of you. Just think that the process to get your ass sued has just started. I am taking this email as a threat.” Doc. 98-4.

         April 15, 2019. Mohammed sent an email to defense counsel with the subject line “Cry Babies” and with a photograph of a crying baby and a string of crying baby emojis in the body. Doc. 98-6.

         April 18, 2019. In response to an email from defense counsel seeking proposed revisions to a draft joint status report, Mohammed wrote: “I will when I have time. There is no urgency and there is no Life and Death situation. Sit with some patience. Don't behave like you are some kind of a lawyer like Kathleen Zellner. FG [the initials of one of defense counsel] go ahead and file Motion for Sanctions against me. Also get prepared to drag your backsides to United States Senate Judiciary Committee.” Doc. 98-7 at 1.

         May 22, 2019. Mohammed sent defense counsel an email with a link to a YouTube video titled “The Depo From Hell: With Chaos, Blood and Violence, ” which was also the content of the email's subject line. Doc. 98-10; see https://youtu.be/A6KC2UNawYY (Mohammed's direct link to the YouTube video). Mohammed wrote in the email's body: “I don't know why but I get a kick when I watch this video.” Doc 98-10.

         June 4, 2019. Mohammed wrote this email to defense counsel: “All your Interrogatories and production of Documents are just harassment and I trashed it in a [illegible emoji] in my kitchen. Further Interrogatories and production of Documents has caused me immense mental injury which will now result in a fresh round of complaints in various courts, administrative agencies etc.” Doc. 98-11.

         June 5, 2019. Mohammed sent this email to defense counsel: “These lame ass interrogatories had added more Counts and more Defendants to my impending Lawsuit. Harass me at cost of more Lawsuits, Charges, Administrative Complaints, Complaints to United States Senate Judiciary Committee, IDHR etc. I have the whole lot ................ the whole lot ........................ the whole lot ...................................... at my disposal.” Doc. 98-12.

         June 6, 2019. Mohammed sent this email to defense counsel: “You ran away after the hearing like a coward. After the next hearing meet me in the cafeteria, I will give you a 45 minutes lecture on manners which your parents never taught you. Anyhow both of you are Ill. mannered but it's not your fault, it's your parents fault, who did not disciplined you guys when the time was there to discipline you. Now nothing can be done as the time has passed and we the society and the community as a whole have to put up with you guys.” Doc. 98-13. Then, in a comment directed to a defense counsel whom Mohammed apparently believes is of Iranian descent, he wrote: “The Iranis I know are very good people with great manners but I don't know what kind of an Irani you are, you are bringing disgrace to your community. Shameless Creatures and an utter disgrace to the whole human race itself. Have a Good Night.” Ibid.

         June 9, 2019. Mohammed sent this email to defense counsel: “I noticed that FG [again, the initials of one of defense counsel] has III as suffix to his name like he is an heir apparent to British Throne. Shameless Creatures. Scumbags. Scourge of the Society. A bane to our Society. This email should raise the heat by few notches.” Doc. 98-14.

         July 8, 2019. Mohammed sent an email (in context, ominously so) to defense counsel with the subject line: “How is life treating you?”, with only “????” in the body. Doc. 98-16.

         July 10, 2019. Two days later, Mohammed sent another email that concluded like this: “I do not know why FG is not coming for hearings, maybe he is a milksop [illegible emoji]. If FG appears for the next hearing, do not runaway like a sissy after the hearing, I need to talk to you.” Doc. 98-18; see Merriam-Webster's Collegiate ...


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