Summary
The United States District Court for the Central District of Illinois screened Angela Eslinger's amended pro se prisoner complaint under 28 U.S.C. § 1915A. The court held that the complaint failed to identify a responsible individual state actor or otherwise state a plausible constitutional claim, and found that further amendment would be futile. The amended complaint was dismissed with prejudice, terminating the case.
Holdings
- The amended complaint failed to state a claim and was subject to dismissal under the Prison Litigation Reform Act screening provision.
- A § 1983 plaintiff must identify an individual defendant who caused or participated in the alleged constitutional deprivation, or who acquiesced in it in a demonstrable way; Eslinger failed to do so.
- The complaint did not plausibly allege that the Sons of Silence or Mastery of Masons were state actors subject to § 1983 liability.
- Further amendment was futile, so the amended complaint was properly dismissed with prejudice.
Questions Presented
- Whether the amended complaint stated a plausible claim subject to screening under 28 U.S.C. § 1915A.
- Whether the complaint stated a claim under 42 U.S.C. § 1983 where it failed to identify an individual defendant who caused or participated in an alleged constitutional deprivation.
- Whether the Sons of Silence and Mastery of Masons could plausibly be treated as state actors for purposes of § 1983 liability.
- Whether further amendment would be futile after the plaintiff failed to cure the defects identified in the prior order.
Disposition
dismissed
Cases Cited (8)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
- Gonzalez v. McHenry County, 40 F.4th 824, 828 (7th Cir. 2022)(followed)
- Palmer v. Marion County, 327 F.3d 588, 594 (7th Cir. 2003)(followed)
- Pepper v. Village of Oak Park, 430 F.3d 805, 810 (7th Cir. 2005)(followed)
- Manzanales v. Krishna, 113 F. Supp. 3d 972, 980 (N.D. Ill. 2015)(followed)
- Johnson v. Piontek, 799 F. App'x 418, 420 (7th Cir. 2020)(followed)
- Denton v. Hernandez, 504 U.S. 25, 32-33 (1992)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…