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No Immunity for Prosecutors Who Conspire to Assault Prisoner
The plaintiff alleged that prosecutors conspired to have the plaintiff
assaulted by other prisoners. At 604: "These actions, if true, would be
quite outside the prosecutorial sphere, and thus the absolute immunity of
prosecutors as quasi-judicial officers would not apply."
Civil rights claims that have some unspecified connection with a state
court proceeding are not barred by the Rooker-Feldman doctrine where the
court is not effectively exercising appellate jurisdiction over the final
determination of a state court.
An allegation of animus against the mentally ill is sufficient pleading of
class-based discriminatory animus to state a conspiracy claim under 42
U.S.C. § 1985.
The case is transferred to the Southern District of Illinois for the
convenience of parties and witnesses since none of the five plaintiffs
presently live in the Northern District, most of the material events did
not take place there, and all the defendants are in or near the Southern
District. The court is not impressed by allegations that the Southern
District is "corrupt" and suffers from a "custody culture" such that the
plaintiff could not get a fair trial there. (At 606: "The Southern
District has apparently adjudicated some twenty-five other cases filed by
Mr. Yoder. I see no reason to believe that this one should be an
exception.") See: Yoder v. Ryan, 318 F.Supp.2d 601 (N.D.Ill. 2004).
assaulted by other prisoners. At 604: "These actions, if true, would be
quite outside the prosecutorial sphere, and thus the absolute immunity of
prosecutors as quasi-judicial officers would not apply."
Civil rights claims that have some unspecified connection with a state
court proceeding are not barred by the Rooker-Feldman doctrine where the
court is not effectively exercising appellate jurisdiction over the final
determination of a state court.
An allegation of animus against the mentally ill is sufficient pleading of
class-based discriminatory animus to state a conspiracy claim under 42
U.S.C. § 1985.
The case is transferred to the Southern District of Illinois for the
convenience of parties and witnesses since none of the five plaintiffs
presently live in the Northern District, most of the material events did
not take place there, and all the defendants are in or near the Southern
District. The court is not impressed by allegations that the Southern
District is "corrupt" and suffers from a "custody culture" such that the
plaintiff could not get a fair trial there. (At 606: "The Southern
District has apparently adjudicated some twenty-five other cases filed by
Mr. Yoder. I see no reason to believe that this one should be an
exception.") See: Yoder v. Ryan, 318 F.Supp.2d 601 (N.D.Ill. 2004).
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Related legal case
Yoder v. Ryan
| Year | 2004 |
|---|---|
| Cite | 318 F.Supp.2d 601 (N.D.Ill. 2004) |
| Level | District Court |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
YODER v. RYAN, 318 F.Supp.2d 601 (N.D.Ill. 04/30/2004)
[1] United States District Court, N.D. Illinois
[2] 03C7508
[3] 318 F.Supp.2d 601
[4] April 30, 2004.
[5] Yoder, et al. V. Ryan, et al
[6] The opinion of the court was delivered by: ELAINE E. BUCKLO, District Judge
[7] MOTION
[8] Certain defendants' motion to dismiss plaintiffs' complaint is denied. The remaining defendants motion to transfer venue is granted. Accordingly, this case is transferred to the Southern District of Illinois. Trial set for 5/10/04 is therefore vacated. Enter Memorandum Opinion and Order.
[1] United States District Court, N.D. Illinois
[2] 03C7508
[3] 318 F.Supp.2d 601
[4] April 30, 2004.
[5] Yoder, et al. V. Ryan, et al
[6] The opinion of the court was delivered by: ELAINE E. BUCKLO, District Judge
[7] MOTION
[8] Certain defendants' motion to dismiss plaintiffs' complaint is denied. The remaining defendants motion to transfer venue is granted. Accordingly, this case is transferred to the Southern District of Illinois. Trial set for 5/10/04 is therefore vacated. Enter Memorandum Opinion and Order.