Chesser v. Walton et al

Filing 288

CLERK'S JUDGMENT. Approved by Judge J. Phil Gilbert on 5/25/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ZACHARY CHESSER,
Plaintiff,
Case No. 12-cv-1198-JPG-RJD

v.
J.S. WALTON, LISA HOLLINGSWORTH, WENDY
ROAL, DARREN SPROUL, CALVIN JOHNSON,
STEVE JULIAN, JOHN PARENT, ROBERT ROLOFF,
PAUL KELLY, STEVEN CARDONA, MILTON
NEUMANN, HENRY RIVAS, LAWRENCE
HOWARD, JEFFREY BANEY, G. FOZZARD, C/O
WEBB, T. SMITH, C/O BASLER, C/O HAMPTON, C/O
FALIMER, C/O LENNON, H. CLARK, LT.
LOCKRIDGE, K. WELLS, LT. MALCOLM, LT. VAN
DYVER, APRIL CRUITT, T. CAPALDO, STEPHEN
COLT, J. SIMMONS, LESLIE SMITH, MICHAEL
NALLEY, AMBER NELSON, PAUL LAIRD, KEITH
HARRISON, HARLEY LAPPIN, CHARLES
SAMUELS JR., THOMAS KANE, D. SCOTT
DODRILL, ERIC HOLDER JR., LORETTA LYNCH
and UNITED STATES OF AMERICA,
Defendants.
JUDGMENT

This matter having come before the Court, the issues having been heard, the Court having
rendered a decision as to some matters and a jury having rendered a verdict as to others,
IT IS HEREBY ORDERED AND ADJUDGED that judgment is entered in favor of defendants
Cardona and Neumann and against plaintiff Chesser on Count 5 (a Bivens claim for retaliation in
violation of the First Amendment);
IT IS FURTHER ORDERED AND ADJUDGED that the following claims are dismissed with
prejudice:




Count 1 (a Bivens claim for violation of the First Amendment free exercise clause and
establishment clause) against defendants Holder, Lynch, Samuels and Walton;
Count 3 (claims under state law for intentional infliction of emotional distress) against defendants
Holder, Lynch, Samuels Jr. and Walton; and
Count 4 (a Bivens claim for violation of the equal protection guarantees in the Fifth Amendment
due process clause) against defendants Holder, Lynch, Samuels, Walton and Roloff; and

IT IS FURTHER ORDERED AND ADJUDGED that the following claims are dismissed without
prejudice:






All claims against defendants Hollingsworth, Roal, Sproul, Johnson, Julian, Parent, Kelly, Rivas,
Howard, Baney, Fozzard, Webb, T. Smith, Basler, Hampton, Falimer, Lennon, Clark, Lockridge,
Wells, Malcolm, Van Dyver, Cruitt, Capaldo, Colt, Simmons, L. Smith, Nalley, Nelson, Laird,
Harrison, Lappin, Kane, and Dodrill;
Count 2 (a claim for violation of the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb-1)
against defendants Holder, Lynch, Samuels and Walton;
Count 3 (claims under Federal Tort Claims Act for intentional infliction of emotional distress)
against defendant United States of America; and
Count 6 (conspiracy claim under 42 U.S.C. §§ 1985 and 1986).

DATED: May 25, 2017

JUSTINE FLANAGAN, Acting Clerk of Court
s/Tina Gray, Deputy Clerk

Approved:

s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE