Kendrick v. Turnbough et al
| Herbert N. Kendrick |
| M. Turnbough, Ms. Gerri, CA Steve, CA Luis, C. Hughes, Michelle Turnbough, Steve, Luis, Cory Hughes, Dorval R Carter, Jr. and John Doe |
| 1:2022cv01775 |
| April 6, 2022 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
Docket Report
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| Document Text |
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| Filing 13 ENTERED JUDGMENT Signed by the Honorable John J. Tharp, Jr on 6/3/2022:Mailed notice(air, ) |
| Filing 12 MINUTE entry before the Honorable John J. Tharp, Jr:The Court has reviewed Kendrick's Amended Complaint #8 . The amended complaint does not cure the defect of the original complaintKendrick has not alleged any state action that resulted in a violation of his constitutional rights. The Salvation Army is a private charity, not a state actor, and Kendrick has not alleged that he attended treatment there pursuant to a court order or as part of a state-mandated program. This case is accordingly dismissed with prejudice for failure to state a claim on which relief may be granted. Summons will not issue. Civil case terminated. Mailed notice (air, ) |
| Filing 11 LETTER from Herbert N. Kendrick. (gcy, ) |
| Filing 8 AMENDED complaint by Herbert N. Kendrick against All Defendants. (jn, ) |
Filing 7
ORDER: Plaintiff's application to proceed in forma pauperis #4 is granted; the plaintiff may proceed without paying the filing fee. After screening the complaint pursuant to 28 U.S.C. 1915(e), however, the Court dismisses it without prejudice (meaning that it can be refiled if the plaintiff can fix the defect identified in this order). The complaint alleges that Salvation Army employees denied him needed substance abuse treatment and instead harassed and abused the plaintiff. The form complaint also characterizes this as an action for the violation of constitutional rights under 42 U.S.C. 1983. Section 1983 authorizes lawsuits to redress constitutional violations committed by those who act "under of color of any statute, ordinance, regulation, custom, or usage of any State[.]" The plaintiff has not sued state or local officials, but rather a private charity, the Salvation Army, and has not alleged that it acted under color of state law. "The Constitution requires state action which the [plaintiff has] failed to effectively plead." Hallinan v. Fraternal Order of Police of Chicago Lodge No. 7, 570 F.3d 811, 820 (7th Cir. 2009). Nor has Kendrick alleged that he attended treatment at the Salvation Army pursuant to a sentence or other Court order, a circumstance that might arguably support the notion that there is a nexus between the challenged conduct and the state. Accordingly, the complaint is dismissed for plaintiff's failure to state a plausible claim for relief. The plaintiff may file an amended complaint by 5/9/22. If the plaintiff opts not to amend the complaint the case will be dismissed with prejudice, a judgment will be entered for the defendants, and the plaintiff will have the right to appeal that judgment. Signed by the Honorable John J. Tharp, Jr on 4/12/2022. Mailed notice (jg, )
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| 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. (jg, ) |
| Filing 4 APPLICATION by Plaintiff Herbert N. Kendrick for leave to proceed in forma pauperis (jg, ) |
| Filing 3 PRO SE Appearance by Plaintiff Herbert N. Kendrick (jg, ) |
| Filing 2 CIVIL Cover Sheet (jg, ) |
| Filing 1 RECEIVED COMPLAINT by Herbert N. Kendrick; Jury Demand. (jg, ) |
| MAILED copy of clerk's notice and consent form to Herbert N. Kendrick (jg, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (jg, ) |
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