Robert S. McGill, Jr. v. Ross Bergman and John Doe

Summary

The United States District Court for the Southern District of Illinois conducts preliminary screening of Robert S. McGill Jr.'s 42 U.S.C. § 1983 complaint concerning alleged excessive force during his arrest. The court allows the Fourth Amendment excessive-force claim to proceed against Officer Ross Bergman but dismisses the claim against Officer John Doe without prejudice and terminates Doe as a party. The order is dated March 19, 2026.

Holdings

1. Yes. Allegations that Bergman kicked McGill in the groin, knocked him to the ground, and hit him in the eye after McGill complied with the order to raise his hands articulated a Fourth Amendment excessive-force claim sufficient to proceed past screening.
2. No. The complaint failed to state an excessive-force or failure-to-intervene claim against John Doe because it alleged only that Doe took McGill to jail and did not allege that Doe used force or failed to prevent Bergman's force.

Questions Presented

1. Whether McGill's allegations that Ross Bergman kicked him, knocked him down, and struck him after he complied with an arrest command stated a Fourth Amendment excessive-force claim.
2. Whether McGill stated a Fourth Amendment excessive-force or failure-to-intervene claim against John Doe based only on the allegation that Doe took him to jail.

Disposition

other