Sean Rose v. Denise Light, Monica Sheets, Anthony D. Wills, Kendra Siep, and Frank Lawrence

Summary

The United States District Court for the Southern District of Illinois granted Sean Rose leave to file a Fifth Amended Complaint in his 42 U.S.C. § 1983 action alleging Eighth Amendment sexual abuse and failure-to-protect claims arising from conduct at Menard Correctional Center. The court screened the amended complaint and allowed five Eighth Amendment claims to proceed against the named defendants. The court also directed service on Monica Sheets, dismissed related motions without prejudice or as moot, and denied motions to intervene.

Holdings

1. Leave to file the Fifth Amended Complaint was warranted because Plaintiff did not cause undue delay and Defendants would suffer no undue prejudice from the amendment.
2. Counts 1 through 5 of the Fifth Amended Complaint stated Eighth Amendment claims sufficient to survive screening under 28 U.S.C. § 1915A.
3. Because the Fifth Amended Complaint superseded and replaced all prior versions, the pending exhaustion-related summary-judgment motion and associated responses and replies were dismissed without prejudice to refiling with reference to the new complaint.
4. Justin Dalcollo was not entitled to intervene because he did not establish the requirements for intervention as of right or permissive intervention and his motion was untimely.

Questions Presented

1. Whether Plaintiff should be granted leave under Federal Rule of Civil Procedure 15(a)(2) to file a Fifth Amended Complaint.
2. Whether the Fifth Amended Complaint stated claims that survived screening under 28 U.S.C. § 1915A.
3. Whether the pending motion for summary judgment and related motions should be dismissed or otherwise addressed because the Fifth Amended Complaint superseded prior pleadings.
4. Whether Justin Dalcollo satisfied the requirements for intervention under Federal Rule of Civil Procedure 24.

Disposition

other