Allen et al v. City of Marion, Illinois et al

Filing 20

MEMORANDUM AND ORDER, The Court GRANTS the motion to dismiss (ECF No. 15) and DISMISSES WITH PREJUDICE Count III of the complaint. Signed by Judge J. Phil Gilbert on 7/23/2018. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ARRIE ALLEN,
Plaintiff,
v.

Case No. 3:18-cv-00781-JPG-DGW

CITY OF MARION, ILLINOIS, et al.,
Defendants.
MEMORANDUM AND ORDER
J. PHIL GILBERT, DISTRICT JUDGE
This is a Fourth Amendment excessive force case against the City of Marion, Illinois, and
a number of law enforcement officers in the city’s employ. The City of Marion has moved to
dismiss Count III of the complaint—which alleges a theory of respondeat superior liability
against the city—for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6).
(ECF No. 15.) The City points out that local governments are not vicariously liable in 42 U.S.C.
§ 1983 cases like this. Board of Comm'rs of Bryan Cty. v. Brown, 520 U.S. 397, 403 (1997).
Plaintiff Arrie Allen has filed a short motion effectively conceding this issue. (ECF No. 16.)
Accordingly, the Court GRANTS the motion to dismiss (ECF No. 15) and DISMISSES WITH
PREJUDICE Count III of the complaint.
IT IS SO ORDERED.
DATED: JULY 23, 2018
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE