KEEYLEN v. RIGGS et al
ORDER SCREENING COMPLAINT - Mr. Keeylen SHALL SHOW CAUSE by November 8, 2019 why his § 1983 claims should not be dismissed and why, if those claims are dismissed, the Court should not decline to exercise jurisdiction over his defamation claim (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 10/2/2019. Copy to Plaintiff via US Mail. (DWH) Modified on 10/4/2019 (DWH).
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
GARY RIGGS Detective, et al.
ORDER SCREENING COMPLAINT
Plaintiff Victor Keeylen is a prisoner currently incarcerated at Pendleton
Correction Facility. Because he is a “prisoner” as defined by 28 U.S.C. §
1915A(c), this Court has an obligation under 28 U.S.C. § 1915A(b) to screen
his complaint before service on the defendants. Under 28 U.S.C. § 1915A(b),
the Court must dismiss the complaint if it is frivolous or malicious, fails to
state a claim for relief, or seeks monetary relief against a defendant who is
immune from such relief. In determining whether the amended complaint
states a claim, the Court applies the same standard as when addressing a
motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). See Cesal v.
Moats, 851 F.3d 714, 720 (7th Cir. 2017). To survive dismissal,
[the] complaint must contain sufficient factual matter,
accepted as true, to state a claim for relief that is
plausible on its face. 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.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Pro se complaints like Mr.
Keeylen’s are construed liberally and held to a less stringent standard than
formal pleadings drafted by lawyers. Perez v. Fenoglio, 792 F.3d 768, 776 (7th
Mr. Keeylen brings this action under 42 U.S.C. § 1983 against Detective
Gary Riggs, the City of Indianapolis, the Marion County Sheriff’s Department
Metro Drug Taskforce, and Andre Strong. Dkt. 1.
Mr. Keeylen alleges that Detective Riggs (1) failed to follow the law and
protocols in investigating and charging him with drug-related crimes; (2)
submitted photos of money as evidence even though they were from an
unrelated case; (3) defamed him by saying that he used and sold drugs and
used his business as a drug front; (4) executed a warrant that “was based on
misleading and bone dry facts” and confiscated $1,000 that was unrelated to
the charged offense; and (5) arrested him “without factual cause that would
become true beyond a reasonable doubt in a criminal trial.” Dkt. 1 at 2–3.
Mr. Keeylen alleges that the City of “Indianapolis (1) hired Detective Riggs
despite knowing about “any and all complaints filed against him,” (2) allowed
Detective Riggs to execute an invalid search warrant, (3) allowed Mr. Keeylen to
be arrested and charged with charges it knew could not be proven beyond a
reasonable doubt, and (4) would not return his money and property after he
was acquitted. Dkt. 1 at 4.
Mr. Keeylen alleges that the Sheriff Department’s Metro Drug Taskforce
confiscated and auctioned off his property before the charges were resolved. Id.
Finally, Mr. Keeylen alleges that Andre Strong conspired with Detective
Riggs and the prosecutor to manufacture charges. Id.
Discussion of Claims
Claims should be dismissed at screening when it is clear on the face of
the complaint that they are barred by statutes of limitations. See Dickens v.
Illinois, 753 F. App’x 390, 392 (7th Cir. 2018) (citing Jones v. Bock, 549 U.S.
199, 215 (2007)). That appears to be the case here for all of Mr. Keeylen’s
For Mr. Keeylen’s § 1983 claims, the statute of limitations is two years.
Johnson v. City of South Bend, 680 F. App’x 475, 476 (7th Cir. 2017) (citing
Ind. Code § 34-11-2-4; Behavioral Inst. of Ind., LLC v. Hobart City of Common
Council, 406 F.3d 926, 929 (7th Cir. 2005)); Serino v. Hensley, 735 F.3d 588,
591 (7th Cir. 2013). Mr. Keeylen says in his complaint that he was acquitted
on August 12, 2015, and all of the alleged violations happened at or before that
point. Dkt. 1. But he did not file the complaint until July 9, 2019. Id. The
complaint was therefore filed beyond the statute of limitations for § 1983
claims. See Johnson v. Hunt, No. 1:17-cv-2608-TWP-MJD, 2017 WL 3398006
at *1–2 (S.D. Ind. Aug. 7, 2017).
Mr. Keeylen labels all of his claims as arising under § 1983. However,
his defamation claim against Defendant Riggs is a state-law claim, so it does
not arise under § 1983. See 42 U.S.C. § 1983; Martino v. W. & S. Financial
Grp., 715 F.3d 195, 205–06 (7th Cir. 2013). Mr. Keeylen has not alleged
federal-question jurisdiction over this claim. See id.
Mr. Keeylen SHALL SHOW CAUSE by November 8, 2019 why his §
1983 claims should not be dismissed and why, if those claims are dismissed,
the Court should not decline to exercise jurisdiction over his defamation claim.
See East-Miller v. Lake Cty. Highway Dept., 421 F.3d 558, 564–65 (7th Cir.
2005) (“[I]t is the well-established law of this circuit that the usual practice is to
dismiss without prejudice state supplemental claims whenever all federal
claims have been dismissed prior to trial.”).
PENDLETON - CF
PENDLETON CORRECTIONAL FACILITY
4490 West Reformatory Road
PENDLETON, IN 46064
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