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Jones v. Mooney

United States District Court, S.D. Illinois

September 25, 2019

CORBIN D. JONES, Plaintiff,
v.
NEILL MOONEY, Defendant.

          REPORT AND RECOMMENDATIONS

          MARK A. BEATTY UNITED STATES MAGISTRATE JUDGE

         The matter has been referred to United States Magistrate Judge Mark A. Beatty by United States District Judge J. Phil Gilbert pursuant to 28 U.S.C. § 636(b)(1)(B), Federal Rule of Civil Procedure 72(b), and SDIL-LR 72.1(a) for a Report and Recommendation on the Defendant's motion for summary judgment (Doc. 45). It is recommended the District Court adopt the following findings of fact and conclusions of law, and the motion for summary judgment (Doc. 45) be GRANTED, Defendant Mooney be DISMISSED, and Plaintiff be GRANTED leave to file an amended complaint.

         I. Background

         Plaintiff Corbin Jones brings this pro se civil rights action pursuant to 42 U.S.C. §1983 alleging Defendant violated his Fourth Amendment rights by conducting an unreasonable search and violated his Fifth and Sixth Amendment rights when Defendant failed to advise him of his Miranda rights.

         Following the Court's threshold review of Plaintiff's complaint pursuant to 28 U.S.C. § 1915A, the Court allowed Plaintiff to proceed on the following counts:

Count 1: Mooney violated Plaintiff's Fourth Amendment rights by forcing his way into Plaintiff's room to conduct a search without a warrant or permission; and,
Count 2: Mooney violated Plaintiff's Fifth and Sixth Amendment rights by failing to inform him of his Miranda rights before or after his arrest or while he was in Mooney's custody.

(Doc. 20, p. 1).

         Construed in the light most favorable to the nonmoving party, the evidence and the reasonable inferences that can be drawn from it establish the following relevant facts for purposes of the instant motion for summary judgment.

         II. Findings of Fact

         On the evening of February 13, 2017, Plaintiff left Crossroads Community Hospital and walked to his mother, Carolyn Doggan's (“Doggan”) home in Mt. Vernon, Illinois (“Doggan Home”) (Doc. 46-1, 31:22-33:2; 127:8-9). During this time Plaintiff was homeless but at times stayed at the Doggan Home and his sister, Marissa Miller's home in Mt. Vernon (“Miller Home”) (Id. at 34:8-35:2; 139:11-140:4). Plaintiff's Illinois State Identification Card, which was issued three days prior to his arrest at issue, listed the Miller Home as his residence (Id. at 35:15-36:1). Plaintiff also registered his vehicle to the Miller Home (Id. at 35:1).

         On February 14, 2017 around 1:00 a.m., Plaintiff was in an attic bedroom of the Doggan Home singing loudly which caused a verbal argument between Plaintiff and Doggan. Doggan asked Plaintiff to leave the home and informed him she was calling the police (Id. at 38:12-20; 49:10-22; 50:3-5, 52:7-8, 53:1-15). The police dispatched Officers Corey Greenwood (“Greenwood”) and Neill Mooney (“Defendant Mooney”) to the Doggan Home to respond to a verbal domestic altercation between the caller, Doggan, and her son, Plaintiff (Doc. 46-2, ¶¶11-12, 16). Upon arriving, Doggan informed the officers Plaintiff was causing a disturbance and she wanted him removed from her home (Id. at ¶17); Plaintiff did not witness this conversation (Doc. 46-1, 75:21-76:9).

         Doggan led officers into and through her home and reportedly gave them consent to enter the attic bedroom where Plaintiff was located (Id. at ¶17-19). Greenwood, who is African-American, entered the attic bedroom to contact Plaintiff and shortly thereafter, the remaining officers on the scene entered as well (Doc. 46-1, 83:23-84:3). The officers observed marijuana and a bag containing a small rock-like substance on a table located in the attic bedroom (Id. at 54:22-55:1; 62:7-11, 76:11-15). Defendant, who is Caucasian, received training on how to identify illegal drugs, including marijuana and crystal meth prior to his encounter with Plaintiff (Doc. 46-2, ¶¶3-9). After observing the illicit substances, officers placed Plaintiff under arrest, searched his person finding a pipe used for smoking marijuana, and then transported him to Jefferson County Jail (Doc. 42-1, 80:11-12; 84:22-25; 85:1-4; 86:14-24; 87:23-25; 88:1-8; 90:1-4; 92:1-13; 100:9-18; 109:24-25; 110:1-11). Plaintiff did not speak with the transporting officer during transport, nor did officers Mirandize him because officers did not ask Plaintiff any questions about any crimes after being placed under arrest; Plaintiff's only interactions with police involved routine booking procedures (Id. at 86:20-21, 100:14-25; 102:2-6; 103:8-23; 106:7-17; 116:8-23).

         III. ...


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