Hickox v. Hires et al

Filing 30

MEMORANDUM AND ORDER, Plaintiff is GRANTED leave to amend his complaint. The amended complaint is due on or before December 16, 2016. Pursuant to Federal Rules of Civil Procedure 15(a)(3), the Defendants are required to respond to the amended pleadin g "within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later." Defendant's Motion (Doc. 22 ) to Dismiss is MOOT. Signed by Judge J. Phil Gilbert on 12/1/2016. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHRISTOPHER HICKOX,
Plaintiff,
v.

Case No. 16-cv-00645-JPG-DGW

ANDREW HIRES, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on Defendants’ Motion (Doc. 22) to Dismiss Plaintiff’s
Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The Plaintiff filed a timely
response (Doc. 24).
1. Background.
This action arising from a motor vehicle accident after which the plaintiff was transported
by ambulance to a local hospital for treatment. While receiving treatment, the plaintiff alleges
that a deputy with Richland County Sheriff’s Department forced entry into the plaintiff’s room and
interrogated the plaintiff although the deputy had been informed by the medical staff that the
plaintiff was not in a condition to be questioned. The complaint further alleges that the deputy
then interrogated the plaintiff’s wife about the plaintiff’s medical history and searched the
plaintiff’s vehicle without cause. Thereafter, the deputy falsely reported to the Secretary of State
that the accident was caused by the plaintiff experiencing a seizure which resulted in the plaintiff
losing his driving license and Class B CDL.

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Defendant now motions for dismissal under Federal Rule of Civil Procedure 12(b)(6) for
failure to state a claim, or in the alternative, a more definite statement from Plaintiff under Rule
12(e).
2. Standard.
When reviewing a Rule 12(b)(6) motion to dismiss, the Court accepts as true all allegations
in the complaint. Erickson v. Pardus, 551 U.S. 89, 94 (2007) (citing Bell Atl. Corp. v. Twombly,
550 U.S. 544, 555 (2007)). To avoid dismissal under Rule 12(b)(6) for failure to state a claim, a
complaint must contain a “short and plain statement of the claim showing that the pleader is
entitled to relief.” Fed. R. Civ. P. 8(a)(2). This requirement is satisfied if the complaint (1)
describes the claim in sufficient detail to give the defendant fair notice of what the claim is and the
grounds upon which it rests and (2) plausibly suggests that the plaintiff has a right to relief above a
speculative level. Bell Atl., 550 U.S. at 555; see Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009);
EEOC v. Concentra Health Servs., 496 F.3d 773, 776 (7th Cir. 2007). “A claim has facial
plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678 (citing
Bell Atl., 550 U.S. at 556).
3. Analysis.
In his response, the plaintiff requests leave to voluntarily dismiss his Fifth Amendment claim
and to amend his complaint. He also states that he is willing to provide a more definite statement
pursuant to Rule 12(e) if the Court deems it necessary. In this early stage of litigation, the Court
believes that the simplest resolution to the issues raised in the defendant’s motion to dismiss would
be to allow the plaintiff leave to amend his complaint in order to clarify his allegations. Courts
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should freely give leave to amend when justice so requires. Fed.R.Civ. P. 15(a)(2). Leave to
amend would eliminate the need for a more definite statement and allow the plaintiff to withdraw
this Fifth Amendment claim. Plaintiff’s leave to amend requests also states that he desires to add
an additional count with regard to the alleged unreasonable search of plaintiff’s blood sample.
The leave to amend granted herein includes leave to file additional claims that arose out of the
conduct or occurrence set out in the initial complaint. However, the plaintiff is directed to seek
leave of court by separate motion if he desires to bring in additional defendants.
4. Conclusion.
Therefore, Plaintiff is GRANTED leave to amend his complaint. The amended complaint is
due on or before December 16, 2016. Pursuant to Federal Rules of Civil Procedure 15(a)(3), the
Defendants are required to respond to the amended pleading “within the time remaining to respond
to the original pleading or within 14 days after service of the amended pleading, whichever is
later.” Defendant’s Motion (Doc. 22) to Dismiss is MOOT.
IT IS SO ORDERED.
DATED: 12/01/2016
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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