Southerland v. Escapa

Southerland v. Escapa

Plaintiff:	Donella Southerland
Defendant:	Ramon Escapa
Case Number:	3:2014cv03094
Filed:	April 2, 2014
Court:	US District Court for the Central District of Illinois
Office:	Springfield Office
County:	Schuyler
Presiding Judge:	Sue E. Myerscough
Presiding Judge:	Tom Schanzle-Haskins
Nature of Suit:	Other Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
March 31, 2016	Filing 29 OPINION (See Written Opinion): For the foregoing reasons, the Court finds that the AUUW statute is constitutional. Consequently, Plaintiff does not state a claim upon which relief could be granted. Therefore, the Defendant's motion to dismiss (d/e 19 ) is GRANTED. The Plaintiff's claim is DIMISSED WITH PREJUDICE. This case is CLOSED. Entered by Judge Sue E. Myerscough on 3/30/2016. (VM, ilcd)
March 20, 2015	Filing 14 OPINION (See Written Opinion): The Court finds that the Plaintiff's claim challenging the constitutionality of the AUUW statute survives the Defendant's motion to dismiss, and that the Defendant is entitled to qualified immunity against th e Plaintiff's unreasonable search and seizure claim. Therefore, the Defendant's motion to dismiss (d/e 9 ) is DENIED as to the Plaintiff's challenge to the AUUW statute and GRANTED as to her unreasonable search and seizure claim. Th e Court will certify notice of the Plaintiff's constitutional challenge to the Illinois Attorney General. The Attorney General will have 60 days from the date of that order to intervene in this suit. Entered by Judge Sue E. Myerscough on 3/20/2015. (VM, ilcd)

Date Filed

Document Text

March 31, 2016

Filing 29 OPINION (See Written Opinion): For the foregoing reasons, the Court finds that the AUUW statute is constitutional. Consequently, Plaintiff does not state a claim upon which relief could be granted. Therefore, the Defendant's motion to dismiss (d/e 19 ) is GRANTED. The Plaintiff's claim is DIMISSED WITH PREJUDICE. This case is CLOSED. Entered by Judge Sue E. Myerscough on 3/30/2016. (VM, ilcd)

March 20, 2015

Filing 14 OPINION (See Written Opinion): The Court finds that the Plaintiff's claim challenging the constitutionality of the AUUW statute survives the Defendant's motion to dismiss, and that the Defendant is entitled to qualified immunity against th e Plaintiff's unreasonable search and seizure claim. Therefore, the Defendant's motion to dismiss (d/e 9 ) is DENIED as to the Plaintiff's challenge to the AUUW statute and GRANTED as to her unreasonable search and seizure claim. Th e Court will certify notice of the Plaintiff's constitutional challenge to the Illinois Attorney General. The Attorney General will have 60 days from the date of that order to intervene in this suit. Entered by Judge Sue E. Myerscough on 3/20/2015. (VM, ilcd)

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Plaintiff: Donella Southerland
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Defendant: Ramon Escapa
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