Loiseau v. McEnerney et al
| Mark Lix Loiseau |
| Ryan McEnerney, Village of Glencoe and County Of Cook |
| 1:2022cv00037 |
| January 4, 2022 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Real Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| None |
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| Filing 8 ENTERED JUDGMENT. Mailed notice. (jn, ) |
Filing 7
ORDER: On 1/13/22, this court screened plaintiff's complaint pursuant to 28 U.S.C. 1915(e)(2) and dismissed the complaint without prejudice. #5 . The court ordered plaintiff to file an amended complaint by 2/3/22 and warned him that failure to file an amended complaint would result in dismissal of this case. To date, plaintiff has not filed an amended complaint (the version filed on 1/13/22, #6 , is the same as the original complaint, #1 , and was filed by the Clerk's Office, not plaintiff). This case is dismissed without prejudice. Enter final judgment. Civil case terminated. Signed by the Honorable Martha M. Pacold on 2/14/2022. Mailed notice (jn, )
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| Filing 6 COMPLAINT filed by Mark Lix Loiseau. (Exhibits) (daj, ) |
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Filing 5
ORDER: Plaintiff's motion to proceed in forma pauperis #4 is granted. Pursuant to 28 U.S.C. 1915(e)(2), the court has screened the complaint and finds that it fails to state a claim on which relief may be granted. Plaintiff's approximately two-page complaint alleges that plaintiff was traveling in his automobile from Cook County to Lake County when an unmarked vehicle followed by a second unmarked vehicle flashed emergency lights. The complaint alleges that a man wearing civilian clothes and no uniform approached plaintiff's vehicle and spoke to plaintiff and his passenger in an "aggressive" manner. Elsewhere, this complaint refers to this man as a "detective," and the court assumes that this is the individual defendant Ryan McEnerney. The complaint then alleges that the detective rejected plaintiff's "passport book," which plaintiff appears to have attached to his complaint and is a document claiming that plaintiff is a sovereign citizen. In the complaint, however, plaintiff admits that he resisted handing over a valid driver's license to the officer, used sovereign-citizen style arguments with the officer in order to claim he did not need to have a valid license, and that he was then taken into custody after refusing to comply with the officer's orders. He also alleges that his vehicle was searched without a warrant and that the passenger in his vehicle was terrified. Under Federal Rule of Civil Procedure 8(a)(2), a complaint generally need only include "a short and plain statement of the claim showing that the pleader is entitled to relief." This short and plain statement must give the defendant fair notice of the claim and the grounds upon which it rests. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). The complaint here fails to give fair notice of the claim and grounds upon which it rests. First, to the extent that plaintiff is challenging his arrest for resisting a police officer by refusing to give the officer a valid driver's license and registration, these facts would support probable cause to arrest defendant. Probable cause is an absolute defense to a claim for unlawful arrest, and plaintiff's admission that he did not have a valid driver's license and refused to give an officer a valid driver's license after being told to do so after operating a vehicle would support probable cause to arrest plaintiff. Foster v. Gigli, 550 F. App'x 336, 3 (7th Cir. 2014) ("[P]robable cause is an absolute defense to a claim of unlawful arrest."). Second, to the extent that plaintiff is bringing a claim on behalf of his passenger, plaintiff lacks standing to do so. U.S. ex Rel. Mosay v. BuFfalo Bros. Mgt., Inc., 20 F.3d 739, 742 (7th Cir. 1994) ("There is no standing to sue to redress injuries purely to another."). Third, to the extent that plaintiff is challenging the initial stop of his vehicle and subsequent search of his vehicle, the complaint does not provide sufficient factual content to enable the court to determine whether plaintiff can state a claim for relief for an unlawful stop or an unlawful search. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). The court will grant plaintiff an opportunity to amend the complaint. If plaintiff believes he is able to comply with this order under Federal Rule of Civil Procedure 11 and correct the deficiencies identified in his complaint, he may file an amended complaint by 2/3/22. Failure to file an amended complaint by this date will result in dismissal of this case with prejudice. Signed by the Honorable Martha M. Pacold on 1/13/2022: Mailed notice(daj, )
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| Filing 4 APPLICATION by Plaintiff Mark Lix Loiseau for leave to proceed in forma pauperis (daj, ) |
| Filing 3 PRO SE Appearance by Plaintiff Mark Lix Loiseau (daj, ) |
| Filing 2 CIVIL Cover Sheet (daj, ) |
| Filing 1 RECEIVED Complaint by Mark Lix Loiseau. (Exhibits) (daj, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (daj, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (daj, ) |
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