Lewis v. Mills et al
Plaintiff: David L Lewis
Defendant: Larry Mills, Todd Damilano, Scott Corrie and Clint Gray
Case Number: 2:2009cv02090
Filed: April 10, 2009
Court: US District Court for the Central District of Illinois
Office: Civil Rights: Jobs Office
County: Vermilion
Presiding Judge: David G. Bernthal
Presiding Judge: Michael P. McCuskey
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 28:1331 Federal Question: Other Civil Rights

Available Case Documents

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Date Filed Document Text
March 31, 2011 Opinion or Order Filing 79 OPINION entered by Chief Judge Michael P. McCuskey on 3/31/2011. Defendants' Motions for Summary Judgment 58 , 60 , 61 are GRANTED in their entirety. Judgment is granted in favor of all Defendants. Judgment is granted against Plaintiff. Defendant Gray's Motion for Rule 11 Sanctions 64 is DENIED. This case is terminated. See written opinion. (SP, ilcd)
November 3, 2009 Opinion or Order Filing 29 ORDER entered by Chief Judge Michael P. McCuskey on 11/3/09. IT IS THEREFORE ORDERED THAT: (1) The Reports and Recommendations 23 , 24 , 25 are accepted by this court. (2) Defendants Mills and Damilano's Motion to Dismiss 12 is GRANTED in part and DENIED in part. It is GRANTED as to the malicious prosecution claim. It is GRANTED on the First Amendment claim to the extent that the claim against Mills is based on his decision to prosecute Plaintiff and to the extent that the claim aga inst Damilano is based on his grand jury testimony. It is DENIED as to the remaining bases for the First Amendment claim against Mills and Damilano. (3) Defendant Gray's Motion to Dismiss 20 is GRANTED as to the malicious prosecution claim. As to the First Amendment claim, the motion is DENIED. (4) Defendant Corrie's Motion for Judgment on the Pleadings 21 is GRANTED as to the malicious prosecution claim. It is GRANTED as to the First Amendment claim to the extent it is based on Corrie's grand jury testimony. It is DENIED as to any remaining bases for the First Amendment claim against Corrie. (5) This case is referred to the Magistrate Judge for further proceedings. See written Order. (VB, ilcd) Modified on 11/4/2009 to correct typographical error. (SLJ, ilcd)
October 6, 2009 Opinion or Order Filing 25 REPORT AND RECOMMENDATIONS entered by Magistrate Judge David G. Bernthal on 10/6/09 re 20 MOTION to Dismiss filed by Clint Gray. The Court recommends, that Defendant Gray's Motion to Dismiss be GRANTED as to the malicious prosecution claim. As to the First Amendment claim, the Court notes that Defendant Gray did not testify at the grand jury proceedings. Accordingly, the Court recommends that the motion be DENIED as to the First Amendment claim against Gray. Objections to R&R due by 10/26/2009. (SLJ, ilcd)
October 2, 2009 Opinion or Order Filing 23 REPORT AND RECOMMENDATIONS Entered by Magistrate Judge David G. Bernthal on 10/2/09 re 12 MOTION to Dismiss filed by Todd Damilano, Larry Mills. The Court recommends that Defendants Mills and Damilano's Motion to Dismiss 12 be GRANTED as to the malicious prosecution claim. As to the First Amendment claim, the Court recommends that the motion be GRANTED to the extent that the claim against Defendant Mills is based on Mills' decision to prosecute Plaintiff, GRANTED to the extent that the claim against Defendant Damilano is based on his grand jury testimony, and DENIED as to the remaining bases for the First Amendment claim against Mills and Damilano. Objections to R&R due by 10/22/2009. (SLJ, ilcd)
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Plaintiff: David L Lewis
Represented By: John A Baker
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Defendant: Larry Mills
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Defendant: Todd Damilano
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Defendant: Scott Corrie
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Defendant: Clint Gray
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