Sanders v. Splittorf et al

Filing 68

MEMORANDUM AND ORDER. Signed by Judge J. Phil Gilbert on 8/30/2023. (jdh)

Case 3:17-cv-00864-JPG Document 68 Filed 08/30/23 Page 1 of 1 Page ID #159

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ARYION SANDERS,
Plaintiff,
v.

Case No. 17-cv-864-JPG

JOE SPLITTORFF, MICHAEL O’NEILL, and
CITY OF ALTON,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court for case management purposes. On July 24, the Court
dismissed several claims from this case with leave to replead. The Court further warned plaintiff
Aryion Sanders that if he failed to plead sufficient facts to support the causes of action the Court would
not allow him another opportunity.
On August 25, 2023, Sanders filed his Third Amended Complaint (mislabeled as the Second
Amended Complaint) in which he adds new allegations regarding potential municipal liability. He
makes no new allegations to rescue his Fourth Amendment excessive force claim, his Fifth, Sixth, and
Eighth Amendment claims, and state law battery claims. Those claims are therefore DISMISSED
with prejudice, and the Clerk of Court is DIRECTED to enter judgment accordingly at the close of
the case.
The remaining claims in this case are:
Count 1:

a Fourteenth Amendment claim against Splittorff and O’Neill for conscienceshocking interrogation;

Count 2:

a Monell claim against the City of Alton for policies directing the conscienceshocking interrogation; and

Count 3:

an intentional infliction of emotional distress claim against Splittorff and
O’Neill for the interrogation.

IT IS SO ORDERED.
DATED: August 30, 2023
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE