Caldwell v. Jones

• Decision Date: 19 September 2007
• Docket Number: No. 2:07-CV-13-PRC.,2:07-CV-13-PRC.
• Citation: 513 F.Supp.2d 1000
• Parties: Wilbert CALDWELL, Plaintiff, v. Joseph L. JONES, III, in his official capacity as Chief Financial Officer of the Gary Community School Corporation and personally, Dr. Mary Steele, in her official capacity as Superintendent of the Gary Community School Corporation and personally, and Dock McDowell, Jr., in his official capacity as one of the legal counsel of the Gary Community School Corporation and personally, Defendants.
• Court: U.S. District Court — Northern District of Indiana

513 F.Supp.2d 1000

Wilbert CALDWELL, Plaintiff, v. Joseph L. JONES, III, in his official capacity as Chief Financial Officer of the Gary Community School Corporation and personally, Dr. Mary Steele, in her official capacity as Superintendent of the Gary Community School Corporation and personally, and Dock McDowell, Jr., in his official capacity as one of the legal counsel of the Gary Community School Corporation and personally, Defendants.

No. 2:07-CV-13-PRC.

United States District Court, N.D. Indiana, Hammond Division.

September 19, 2007.

COPYRIGHT MATERIAL OMITTED

Joseph R. Pawlick, Paul T. Berkowitz, Paul T. Berkowitz and Associates Ltd., Chicago, IL, for Plaintiff.

Dock McDowell, Jr., McDowell Law Firm, Merrillville, IN, Pro se, Defendants.

James E. Daugherty, Law Offices of James E. Daugherty, Merrillville, IN, for Defendants.

OPINION AND ORDER

PAUL R. CHERRY, United States Magistrate Judge.

This matter is before the Court on (1) Defendant McDowell's FRCP 12(b)(6) Motion to Dismiss [DE 21], filed by Defendant Dock McDowell, Jr. on April 2, 2007, and (2) a Motion of Mr. Joseph L. Jones, III and Dr. Mary Steele to Dismiss Pursuant to F.R.C.P. 12(b)(6) [DE 27], filed by Defendants Joseph L. Jones, III and Dr. Mary Steele on April 2, 2007. For the reasons set forth in this Order, the Court grants in part and denies as moot in part the motion of Joseph L. Jones, III and Dr. Mary Steele (granting the motion as to all of the substantive claims in the Complaint) and denies as moot the motion of Dock McDowell, Jr., dismissing Plaintiff Wilbert Caldwell's Complaint in its entirety.

PROCEDURAL BACKGROUND

Plaintiff Wilbert Caldwell filed this cause of action in the Lake Superior Court in Lake County, Indiana, on December 15, 2006, against Defendants Joseph L. Jones, III, Dr. Mary Steele, and Dock McDowell, Jr. (collectively "Defendants"). In his Complaint, Caldwell alleges (1) U.S. constitutional and federal civil rights claims against the three Defendants in their official capacities under the Fourth and Fourteenth Amendments to the United States Constitution and 42 U.S.C. § 1983 (Count I); (2) U.S. constitutional and federal civil rights claims against the three Defendants personally under the Fourth and Fourteenth Amendments to the United States Constitution and 42 U.S.C. § 1983 (Count II); (3) a federal civil rights claim for attorney fees against the three Defendants acting in their official capacities under 42 U.S.C. § 1988 (Count III); (4) a federal civil rights claim for attorney fees against the three Defendants personally under 42 U.S.C. § 1988 (Count IV); (5) an Indiana tort claim for false imprisonment against the three Defendants in their official capacities (Count V); and (6) an Indiana tort claim for false imprisonment against the three Defendants personally (Count VI). A copy of the "subpoena" at issue was included as page 4 of the Complaint.

Defendants removed this matter to the United States District Court for the Northern District of Indiana on January 16, 2007.

On April 2, 2007, Defendant McDowell filed "Defendant McDowell's FRCP 12(b)(6) Motion to Dismiss," and Defendants Jones and Steele filed a "Motion of Mr. Joseph L. Jones, III and Dr. Mary Steele to Dismiss Pursuant to F.R.C.P. 12(b)(6)." McDowell also filed a "Motion to Adopt and Incorporate by Reference the FRCP 12(b)(6) Motion to. Dismiss of Defendants Jones and Steele Filed April 2, 2007," which was granted by the Court on April 5, 2007.

On May 21, 2007, Caldwell filed a separate response to each of the motions to dismiss.

On June 25, 2007, McDowell filed a reply in support of his motion to dismiss as did Defendants Jones and Steele in support of their motion. On June 25, 2007, McDowell filed a "Motion to Adopt and Incorporate by Reference `Reply to Plaintiffs Response to Defendants Jones and Steele's FRCP 12(b)(6) Motion to Dismiss and Brief in Support of Defendants Jones and Steele's FRCP 12(b)(6) Motion to Dismiss,'" which the Court granted on July 9, 2007.

The parties in this case consented to have this case assigned to a United States Magistrate Judge to conduct all further proceedings and to order the entry of a final judgment in this case. Therefore, this Court has jurisdiction to decide this case pursuant to 28 U.S.C. § 636(c).

STANDARD OF REVIEW

A motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) tests the sufficiency of the complaint and not the merits of the suit. See Gibson v. City of Chi., 910 F.2d 1510, 1520 (7th Cir.1990). To survive a 12(b)(6) motion to dismiss, the complaint must comply with Rule 8(a) by providing "a short and plain statement of the claim showing that the pleader is entitled to relief," Fed.R.Civ.P. 8(a)(2), such that the defendant is given "fair notice of what the ... claim is and the grounds upon which it rests." Bell Atlantic Corp. v. Twombly, ___ U.S. ___, ___, 127 S.Ct. 1955, 1969, 167 L.Ed.2d 929 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). The factual allegations in the complaint must be sufficient to raise the possibility of relief above the "speculative level," assuming that all of the allegations in the complaint are true. E.E.O.C. v. Concentra Health Servs., Inc., 496 F.3d 773, 776 (7th Cir.2007) (quoting Bell Atlantic, 127 S.Ct. at 1965, 1973 n. 14). "[O]nce a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations in the complaint." Bell Atlantic, 127 S.Ct. at 1969. The Court accepts as true all of the well-pleaded facts alleged by the plaintiff and all reasonable inferences that can be drawn therefrom. See Barnes v. Briley, 420 F.3d 673, 677 (7th Cir.2005). In ruling on such a motion, the Court may consider the complaint, the answer, and any written instruments attached to the complaint as exhibits. See Beanstalk Group, Inc. v. AM Gen. Corp., 283 F.3d 856, 858 (7th Cir. 2002); Beam v. IPCO Corp., 838 F.2d 242, 244 (7th Cir.1988).

ALLEGATIONS IN THE COMPLAINT

At all times material to the allegations in the Complaint, Plaintiff was an employee of the Gary Community School Corporation ("GCSC").¹ Defendant Joseph L. Jones, III, was the Chief Financial Officer of the GCSC, Defendant Dr. Mary Steele was Superintendent of the GCSC, and Defendant Dock McDowell, Jr. was legal counsel for the GCSC. Jones worked at the direction of Steele.

On October 18, 2006, one or more unspecified employees and/or agents of the GCSC verbally requested that Caldwell voluntarily appear as a witness with respect to a grievance being heard on October 20, 2006, by the Board of Trustees of the GCSC. Caldwell declined the request.²

Subsequently, on October 20, 2006, Jones signed a document purporting to be a "subpoena" and had it served on Caldwell. The document was titled "SUBPOENA," and the caption read, "Before the Gary Community School Corporation ... IN RE THE MATTER OF BRENDA FORD." Cmplt., p. 4. The "subpoena" provided that, pursuant to Indiana Code § 36-1-4-12, the recipient (unnamed) was "commanded" to appear at a hearing before the Board of Trustees of the GCSC at 4:00 p.m. that same day, October 20, 2006, to testify in an action wherein a grievance hearing was pending before the Board of Trustees with respect to Brenda Ford. The "subpoena" further provided, "If you fail to comply with this Subpoena, appropriate disciplinary action may be initiated by the School Corporation administration." Cmplt., p. 4. Finally, the "subpoena" explained that Indiana Code § 36-1-4-12 provides that "[a] unit may require the attendance of witnesses and the production of documents relevant to matters being considered at meetings of a department or agency." Id.³

Caldwell alleges that he attended the hearing on October 20, 2006, because he felt compelled to do so, having been "subpoenaed". and threatened by his employer, the GCSC. Although the "subpoena" stated that the matter to which he was being called to testify regarded Brenda Ford, at the hearing, Defendant McDowell did not ask Caldwell any questions related to Brenda Ford but rather about Jim Ford, an individual with a separate grievance. The decision to issue the "subpoena" was made by one or more Defendants. No Defendant had the legal authority to issue the "subpoena." Caldwell alleges that Jones and or Steele personally used the "subpoena" "to threaten and intimidate Plaintiff Caldwell into appearing and testifying before the Board of Trustees." Cmplt., ¶ 29.

ANALYSIS

Pending before the Court are the "Motion of Mr. Joseph L. Jones III and Dr. Mary Steele to Dismiss Pursuant to F.R.C.P. 12(b)(6)" and "Defendant McDowell's FRCP 12(b)(6) Motion to Dismiss." The Court will address each motion in turn.

A. Motion of Mr. Joseph L. Jones, III and Dr. Mary Steele to Dismiss Pursuant to F.R.C.P. 12(b)(6)

In their Motion to Dismiss, Defendants Jones and Steele contend that Caldwell cannot state a claim under § 1983 because he has failed to state a claim under the Fourth and Fourteenth Amendments, arguing that those constitutional claims fail because they are based on the issuance of a "subpoena" that did not contain Caldwell's name or compel Caldwell to do anything. Defendants also contend that Caldwell has failed to state a claim for false imprisonment under state law because he was not unlawfully restrained or deprived of his liberty by Defendants without his consent. As the Court has granted Defendant McDowell's motion to incorporate the "Motion to Dismiss of Defendants Jones and Steele," the Court considers the instant motion to dismiss as to all three Defendants. The Court will address separately each of the bases for dismissal asserted by Defendants.

1. Claims under § 1983

In Counts I and II of his Complaint, Caldwell asserts claims under 42 U.S.C. § 1983 against Defendants in their official and personal capacities for deprivation of his rights under the Fourth and Fourteenth Amendments of the United States Constitution when a "sub...