McNeal v. Tucker et al
| Anthony McNeal |
| Nathan Tucker, Warden Daniel Monti and Daniel Monti |
| 3:2024cv00619 |
| February 29, 2024 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 17, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 WAIVER OF SERVICE Returned Executed by Anthony McNeal. Nathan Tucker waiver sent on 3/5/2024, answer due 5/6/2024. (Hirsch, Emily) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Anthony McNeal. Daniel Monti waiver sent on 3/5/2024, answer due 5/6/2024. (Hirsch, Emily) |
| Filing 12 NOTICE of Appearance by Robert Brandon Shultz on behalf of Daniel Monti, Nathan Tucker (Shultz, Robert) |
| Filing 11 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned Judge Staci M. Yandle. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jle)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Hirsch, Emily) |
| Filing 9 NOTICE of Appearance by Nicole Schult on behalf of Anthony McNeal (Schult, Nicole) |
| Filing 8 NOTICE: Anthony McNeal was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, Anthony McNeal shall return the form within 7 days or face possible sanctions. Consent due by 4/1/2024. (jle) |
Filing 7
ORDER: Plaintiff is a prisoner in the custody of the Illinois Department of Corrections, currently incarcerated at Centralia Correctional Center. Represented by counsel, he brings this civil rights action pursuant to 42 U.S.C. 1983 and has prepaid the $405 filing fee. Defendants are officials employed at Centralia. Plaintiff alleges that Defendants violated his rights under the First and Fourteenth Amendments and Title VI of the Civil Rights Act of 1964. Plaintiff served as a peer educator, teaching a state-mandated Citizens Civics Education program for fellow inmates to learn about their voting rights and related history as they approached their release from custody. Defendants prohibited Plaintiff from discussing the history of Jim Crow laws, which was part of the approved curriculum, instead instructing Plaintiff to tell students that literacy tests had the "legitimate nondiscriminatory purpose of ensuring that voters 'knew what they were voting for.'" (Doc. #1 , p. 5). Plaintiff, who is Black, was not allowed to speak about racism or the use of literacy tests in southern states to suppress the Black vote, even though this was part of the approved curriculum. Defendants then disciplined Plaintiff and dismissed him from his peer educator position. Plaintiff seeks declaratory and injunctive relief as well as damages. Under 28 U.S.C. 1915A, the Court is required to conduct a prompt threshold review of the Complaint. Accepting Plaintiff's allegations as true, the Court finds that Plaintiff has articulated a colorable federal cause of action against Defendants for violations of his constitutional and statutory rights. Counsel for Plaintiff may initiate service without further delay. Defendants are ORDERED to timely file an appropriate responsive pleading to the Complaint and shall not waive filing a reply pursuant to 42 U.S.C. 1997e(g). Signed by Judge Staci M. Yandle on 3/7/2024. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 NOTICE of Appearance by Emily Hirsch on behalf of Anthony McNeal (Hirsch, Emily) |
| Filing 5 Notice of Judge Assignment. Judge Staci M. Yandle assigned. All future documents must bear case number 24-619-SPM. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (jaj) |
| Filing 4 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 2 Case Opening Notification, Incorrect deck used for assignment. Entry stricken and case will be Reassigned.(jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 3 NOTICE FROM CLERK Instructing Anthony McNeal to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Anthony McNeal on 3/1/2024. Consent due by 3/22/2024. (jle) |
| Filing 2 ENTRY STRICKEN - Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 24-cv-619-JPG. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (jle) Modified on 3/1/2024 (jaj). |
| Filing 1 COMPLAINT against Daniel Monti, Nathan Tucker ( Filing fee $ 405 receipt number AILSDC-5326411.), filed by Anthony McNeal. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2)(Mills, Alan) |
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