United States District Court, S.D. Illinois
MEMORANDUM & ORDER
J.
PHIL GILBERT UNITED STATES DISTRICT JUDGE
Plaintiff
John Dylan Barr, an inmate of the Illinois Department of
Corrections (“IDOC”) who is currently
incarcerated at Jacksonville Correctional Center, brings this
civil rights action pursuant to 42 U.S.C. § 1983 for
constitutional deprivations that occurred during his arrest
by four unknown officers (John Doe 1-4) from St. Clair County
Sheriff's Department in St. Louis, Missouri. (Doc. 1, pp.
1-12). He seeks monetary relief. (Id. at p. 9).
The
Complaint is now before the Court for preliminary review
under 28 U.S.C. § 1915A, which requires the Court to
screen prisoner Complaints and filter out non-meritorious
claims. 28 U.S.C. § 1915A(a). Any portion of a 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). At
this juncture, the factual allegations are liberally
construed. Rodriguez v. Plymouth Ambulance Serv.,
577 F.3d 816, 821 (7th Cir. 2009).
The
Complaint
In the
Complaint, Plaintiff makes the following allegations: On or
around February 9, 2018, Plaintiff was stopped and arrested
by four unknown officers (John Doe 1-4) from St. Clair County
Sheriff's Department as he walked out of St. Louis
University Hospital in St. Louis, Missouri. (Doc. 1, pp.
7-8). He exited the hospital “of [his] own free
will.” (Id. at p. 7). Even so, the officers
(John Doe 1-4) forced him down at gunpoint and shot him with
their taser guns. (Id.). After handcuffing him, the
officers placed Plaintiff into a white Lexus and transported
him to St. Clair County Jail as one officer beat him in the
face. (Id.).
At St.
Clair County Jail, Plaintiff complained about numerous
violations of his rights that occurred in connection with his
arrest. (Id.). Officer Sims[1] and other unnamed booking
officers informed Officers Doe 1-4 that they could not
legally book Plaintiff into the facility. (Id.).
Approximately three hours later, Plaintiff was transferred to
St. Louis City Jail and forced to sign an unidentified
“paper” that resulted in his detention there.
(Id.). Plaintiff's mugshot allegedly depicts
facial injuries he received during his arrest.
(Id.). In the weeks that followed, Plaintiff
suffered from untreated physical pain, post-traumatic stress
disorder, loss of companionship, and loss of enjoyment of
life. (Id. at pp. 7-8).
Based
on the allegations, the Court finds it convenient to organize
the pro se Complaint into the following enumerated
Counts:
Count 1: Fourth Amendment claim against
Defendants for the unlawful arrest of Plaintiff on or around
February 9, 2018.
Count 2: Fourth Amendment claim against
Defendants for the unlawful use of force against Plaintiff
during his arrest on or around February 9, 2018.
Count 3: Fourth Amendment claim against
Defendants for denying Plaintiff adequate medical care and/or
mental health treatment for the injuries he sustained during
his arrest on or around February 9, 2018.
The
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 herein is
considered dismissed without prejudice as inadequately pled
under Twombly.[2]
Preliminary
Dismissal
St.
Clair County Sheriff Department
The St.
Clair County Sheriff Department is not a “person”
subject to suit under 42 U.S.C. § 1983. Plaintiff's
designation of this defendant may represent an attempt to
hold a municipality liable for his injuries. See Monell
v. Dep't of Soc. Servs. of New York, 436 U.S. 658,
690, 694 (1978). However, municipal liability under §
1983 arises from the execution of a government policy or
custom that causes a constitutional injury. Id.
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