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Pyles v. Granite City Police Dept.

United States District Court, S.D. Illinois

December 26, 2019

TERRY L. PYLES, #34864, Plaintiff,
v.
GRANITE CITY POLICE DEPT. and OFFICER DAILEY, Defendants.

          MEMORANDUM & ORDER

          J. Phil Gilbert United States District Judge.

         Plaintiff Terry Pyles, a detainee at Madison County Jail (“Jail”), brings this civil rights action pursuant to 42 U.S.C. § 1983 for deprivations of his constitutional rights. (Doc. 1). Plaintiff claims that Granite City Police Department and Officer Dailey conducted an unlawful stop, search, and seizure of him in connection with Madison County Case No. 18-CF-3000. (Id. at pp. 1-6). He brings claims against both defendants for violations of his rights under federal and state law. (Id.). Plaintiff seeks monetary and “exculpatory” relief.[1] (Id. at pp. 3).

         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 (Doc. 1, pp. 1-3): While riding his bicycle in Granite City, Illinois, Plaintiff was stopped and arrested on an undisclosed date. As Plaintiff approached a stop sign, Granite City Police Officer Dailey trailed him in a squad car. The car followed Plaintiff so closely that he could not stop at the intersection. When he rolled through the stop sign, Officer Dailey pointed a Taser gun out of the passenger window and threatened to “taze” Plaintiff if he did not stop. Plaintiff stopped. Without issuing any Miranda warnings, the officer began questioning Plaintiff about suspected drug activity in the area. During this exchange, the officer placed Plaintiff in handcuffs, searched him, and arrested him. (Id.).

         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 stop of Plaintiff in Granite City, Illinois.
Count 2: Fourth Amendment claim against Defendants for the unlawful arrest/seizure of Plaintiff in Granite City, Illinois.
Count 3: Fourth Amendment claim against Defendants for the unlawful use of force against Plaintiff in Granite City, Illinois.
Count 4: Fourth Amendment claim against Defendants for the unlawful search of Plaintiff in Granite City, Illinois.
Count 5: Fifth Amendment claim against Defendants for failing to read Plaintiff his Miranda warnings.
Count 6: Fourteenth Amendment racial profiling claim against Defendants.
Count 7: Illinois state law claims against Defendants for false imprisonment, malicious prosecution, slander, defamation, officer misconduct, etc.

         Any claim that is mentioned in the Complaint but not addressed herein is considered dismissed without prejudice under Bell Atlantic ...


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