Smith v. Olmstead

Smith v. Olmstead

Plaintiff:	Darmel L Smith
Defendant:	Kevin Olmstead
Case Number:	2:2015cv02116
Filed:	May 28, 2015
Court:	US District Court for the Central District of Illinois
Office:	Urbana Office
County:	Will
Presiding Judge:	Joe Billy McDade
Nature of Suit:	Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
October 14, 2015	Filing 9 MERIT REVIEW OPINION entered by Judge Joe Billy McDade on 10/14/15. IT IS ORDERED: Pursuant to its merit review of the Complaint under 28 U.S.C. § 1915A, the Court finds that Plaintiff states a Fourth Amendment claim for unreasonable seizure ba sed on his interrogation at the police station on September 6, 2013. This case proceeds solely on the claim identified in this paragraph, subject to a motion for leave to file an amended complaint. Plaintiff's claims for false arrest on the t heft charge and murder charge are dismissed, without prejudice to filing an amended complaint. This case is now in the process of service. The Court will attempt service on Defendant by mailing a waiver of service. The clerk is directed to enter th e standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Plaintiff's motion for counsel is denied 3 , with leave to renew upon demonstrating that he has made reasonable efforts to obtain counsel on his own. SEE FULL WRITTEN ORDER. (FDT, ilcd)

Date Filed

Document Text

October 14, 2015

Filing 9 MERIT REVIEW OPINION entered by Judge Joe Billy McDade on 10/14/15. IT IS ORDERED: Pursuant to its merit review of the Complaint under 28 U.S.C. § 1915A, the Court finds that Plaintiff states a Fourth Amendment claim for unreasonable seizure ba sed on his interrogation at the police station on September 6, 2013. This case proceeds solely on the claim identified in this paragraph, subject to a motion for leave to file an amended complaint. Plaintiff's claims for false arrest on the t heft charge and murder charge are dismissed, without prejudice to filing an amended complaint. This case is now in the process of service. The Court will attempt service on Defendant by mailing a waiver of service. The clerk is directed to enter th e standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Plaintiff's motion for counsel is denied 3 , with leave to renew upon demonstrating that he has made reasonable efforts to obtain counsel on his own. SEE FULL WRITTEN ORDER. (FDT, ilcd)

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Plaintiff: Darmel L Smith
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Defendant: Kevin Olmstead
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