McIntosh v. Kelly et al

Filing 25

MEMORANDUM AND ORDER, The Court ADOPTS the Report in its entirety (Doc. 23 ); GRANTS McIntosh's motion for leave to file a second amended complaint (Doc. 21 ); DIRECTS the Clerk of Court to file the proposed Second Amended Complaint McIntosh tendered with his motion for leave to amend. Signed by Judge J. Phil Gilbert on 7/27/2017. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DALLAS MCINTOSH,
Plaintiff,
v.

Case No. 16-cv-1018-JPG-RJD

BRENDAN F. KELLY, NICHOLAS
GAILIUS, JEFF STRATMAN, JEFF BLAIR,
TIMOTHY MUELLER, RYAN
WEISENBORN, ELBERT JENNINGS,
JAMES G. PIPER, UNKNOWN PARTY and
CITY OF FAIRVIEW HEIGHTS
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
23) of Magistrate Judge Reona J. Daly recommending that the Court grant plaintiff Dallas
McIntosh’s motion for leave to file a second amended complaint (Doc. 21), that he be allowed to
reinstate Count 1 against defendants Stratman and Blair, but that he not be allowed to add new
defendants be added to Count 4.
The Court may accept, reject or modify, in whole or in part, the findings or
recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P.
72(b)(3). The Court must review de novo the portions of the report to which objections are made.
Id. “If no objection or only partial objection is made, the district court judge reviews those
unobjected portions for clear error.” Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir.
1999).
The Court has received no objection to the Report. The Court has reviewed the entire file
and finds that the Report is not clearly erroneous. Accordingly, the Court hereby:



ADOPTS the Report in its entirety (Doc. _23);



GRANTS McIntosh’s motion for leave to file a second amended complaint (Doc. 21);



DIRECTS the Clerk of Court to file the proposed Second Amended Complaint McIntosh
tendered with his motion for leave to amend; and



ORDERS that McIntosh shall be allowed to proceed on the following claims in the Second
Amended Complaint:
o Count 1 - Fourth Amendment claim against Stratman and Blair for the unlawful
stop, search and seizure of Plaintiff on September 25, 2012.
o Count 2 - Fourteenth Amendment equal protection claim against Stratman and
Blair for stopping Plaintiff and searching him and/or his vehicle without probable
cause based on racial animus on September 25, 2012.
o Count 3 - Fourteenth Amendment equal protection claim against the City of
Fairview Heights, Illinois, including Gailius, for maintaining a policy, custom or
practice of stopping individuals without probable cause based on racial animus.
o Count 4 - Conspiracy claims against Stratman, Blair, Gailius and the City of
Fairview Heights for working together to deprive Plaintiff of his constitutional
rights and covering up their misconduct in connection with the traffic stop, search
and seizure that occurred on September 25, 2012.

IT IS SO ORDERED.
DATED: July 27, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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