Gaddis v. Demattei
| Decision Date | 07 March 2022 |
| Docket Number | 3:21-CV-179-MAB |
| Parties | DONALD GADDIS, Plaintiff, v. BRYAN DEMATTEI, SAM WARD, WILLIAM LANNOM, LOGAN SPINKA, TOM STEARNS, WILLIAM OGLESBY, JOHN FLEMING, ANDREW WILSON, BETTY CARAWAY, JENNIFER PAGE, JESSE THOMPSON, JUSTIN DWYER, BRANDON ZANOTTI, WILLIAM HUDDLESTON, MARY GRIFFITH, DOROTHY MCCOMBS, and BRENDA GRANT, Defendants. |
| Court | U.S. District Court — Southern District of Illinois |
This matter is currently before the Court on ten motions to dismiss filed by thirteen of the seventeen named Defendants (Docs. 95, 97, 98, 100, 102, 104, 106, 108, 110, and 112) and a motion to stay filed by Defendants (Doc. 131; see also Doc. 134).
Plaintiff Donald Gaddis is/was a resident of the city of Marion Illinois, which lies in Williamson County. Over the course of the last four or so years, he has filed numerous lawsuits in federal and state courts challenging his treatment by the police, elected and appointed government officials, local government employees, and his neighbors. This case is his latest challenge. In Count 1 of the four-count complaint, Gaddis alleges that he was the victim of a vast conspiracy by 17 named Defendants and an array of non-Defendants, dating back to November 2017 and continuing to the present day, to retaliate against him for speaking out about corruption in the Williamson County “power structure” (Doc. 1). Many of the incidents that Gaddis alleges were part of the conspiracy have been or currently are the subject of criminal proceedings and/or Gaddis's many civil suits. As Defendants said, this new lawsuit appears to be “an effort to consolidate the sprawling web of litigation that he has initiated” (Doc. 103, p 1). Aside from the conspiracy claim, Gaddis also brings claims for false arrest in Counts 2, 3, and 4 (Doc. 1).
Thirteen of the seventeen Defendants-Betty Caraway (Doc. 95), Mary Griffith (Doc. 97), Logan Spinka (Docs. 98, 99), Tom Stearns (Docs. 100, 101), Bryan DeMattei (Docs. 102, 103), Sam Ward (Docs. 104, 105), William Lannom (Docs. 106, 107), Justin Dwyer and Jesse Thompson (Docs. 108, 109), William Huddleston (Docs. 110, 111), and Jennifer Page, Andrew Wilson, and Brandon Zanotti (Docs. 112, 113)-filed motions to dismiss.[1] Gaddis filed responses in opposition to each motion (Docs. 114 through 121, 123), with the exception of the motion filed by Page, Wilson, and Zanotti.
After all of the motions to dismiss were filed, the Court held a status conference to discuss scheduling issues and the utility of a stay pending resolution of the motions (Docs 122, 128). At the hearing, the Court determined that written briefing was required (Doc. 128). Accordingly, Defendants filed a motion to stay the proceedings (Doc. 131), to which Gaddis filed a response in opposition (Doc. 132), and Defendants filed a reply (Doc. 133).
The motion to stay was granted to the extent that it requested this matter not proceed with discovery until the pending motions to dismiss were ruled on (Doc. 134). It was taken under advisement as to all other arguments (e.g., duplicative litigation, improper claim splitting, res judicata, Younger abstention), which the Court said would be considered in conjunction with the motions to dismiss (Id.).
For purposes of deciding the motions to dismiss that are before the Court, the Court considers the facts alleged in the complaint, which are assumed to be true for purposes of this Order with exceptions explained when needed. The Court also considers additional facts presented by Gaddis in his response briefs that are consistent with the complaint and information that is subject to proper judicial notice. E.g., Geinosky v. City of Chicago, 675 F.3d 743, 745 n. 1 (7th Cir. 2012).
Gaddis alleges that beginning on October 24, 2017, he had “a series of interactions” (described below) with personnel from the Marion City Police Department, the Williamson County Sheriff's Department, the Williamson County State's Attorney's Office, and the Williamson County Courthouse, which led him to believe “the power structure in Williamson County was corrupt and required change” (Doc. 1, ¶¶27, 28). On October 28 2017, Gaddis began “to exercise his constitutional rights” by, amongst other things, filing complaints with the Marion Police; posting signs in his yard and hanging signs throughout the County, some of which criticized the police, judges, and the State's Attorney; and demonstrating outside the County courthouse (Id. at ¶29).
Gaddis alleges that “on or about November 1, 2017, ” all of the Defendants became aware of his “constitutionally protected activities, ” (Doc. 1, ¶30), which the Court assumes to mean his public criticisms of government officials. He claims he was then frequently mentioned by the police and court personnel as someone whose actions should be closely monitored, and by the prosecutor's office as someone who should be vigorously prosecuted (Id. at ¶¶30-33). Gaddis further alleges that Judge Brad Bleyer (who is not a Defendant), State's Attorney (and Defendant) Brandon Zanotti, and court reporter (and Defendant) Jennifer Page, were outspoken in their belief that Gaddis was mentally unbalanced (Id. at ¶34). He claims the gossip reached a point that a flyer was circulated in the Williamson County Courthouse warning that he was dangerous (Id. at ¶34). He also believes that “all other named Defendants” participated in the rumors and gossip about him and shared the belief that he was mentally unwell (Id. at ¶35).
Finally, Gaddis alleges that Defendants “reached an agreement that a plan should be put in place to retaliate against [him] because of his decision to exercise his constitutional rights” (Doc. 1, ¶¶30, 37). He claims the retaliation came about in a series of “tortious acts” over the course of approximately two and a half years, where “he was arrested and/or prosecuted by Defendants without probable cause or justification” (Doc. 117, pp. 3-4; see also Doc. 1, pp. 6-21). The Court will summarize each of the alleged retaliatory acts below and any related litigation.
• October 24, 2017 (Doc. 1, ¶¶38-44): The allegations regarding this particular incident are murky, making it difficult to determine a chronology of events based on the complaint alone. However, the complaint in conjunction with facts appropriate for judicial notice tell the following story. On October 20, 2017, there was some sort of incident between Gaddis and his neighbors, including Defendant Dorothy McCombs, and the police were called. See SDIL Case No. 18-1729-SMY, Doc. 1 (Gaddis's complaint alleging that he was arrested on Oct. 20, 2017); see also id. at Doc. 58-1 (). Gaddis was arrested for disorderly conduct by Marion police officers and Defendants Bryan DeMattei, William Lannom, and Logan Spinka (Doc. 1, ¶41). On October 24th, Dorothy McCombs applied for and was granted an emergency no stalking, no contact order (hereinafter referred to as an “order of protection” or “protective order, ” for the sake of ease) against Gaddis (Doc. 1, ¶38). Gaddis alleges that McCombs applied for the order of protection at the “urging” of Marion police officer and Defendant Mary Griffith (Doc. 1, ¶¶42, 43). Gaddis claims the order of protection violated his free speech rights in that it prohibited him from communicating to or about McCombs (Doc. 1, ¶39).
• Related Criminal Case: There is no indication that charges were ever brought against Gaddis following his arrest.
• Related Civil Case #1: Circuit Court of Williamson County, Case No. 2017-OP-386[2]
The Court takes judicial notice of Dorothy McCombs' order of protection case. The docket shows that an emergency order of protection was issued on October 24, 2017, and a plenary order was issued on November 8, 2017. McCombs voluntarily dismissed the case in February 2018.
The Court takes judicial notice that Gaddis sued a number of individuals, including Officers DeMattei, Lannom, and Spinka, and his neighbors, including McCombs, for false arrest stemming from his arrest on October 20, 2017. Summary judgment was granted to Defendants on July 27, 2020. Id. at Doc. 69. Gaddis appealed, and the appeal remains pending. Seventh Circuit Case No. 20-2424.
• March 25, 2018 (Doc. 1, ¶¶45-57): The complaint alleges that on this date, Defendants Bryan DeMattei and Sam Ward, both of whom were Marion police officers, were standing outside of DeMattei's house while both were off duty (Doc. 1, ¶45). Gaddis drove up to DeMattei's home, parked in the driveway, got out of his car, and approached the two men (Id.). Gaddis alleges he planned to talk to DeMattei about a false statement DeMattei allegedly made about Gaddis (Id. at ¶46). Ward took Gaddis to the ground and restrained him, and then Ward and DeMattei called the police (Id. at ¶47). Williamson County deputy sheriff and Defendant Craig Oglesby (mistakenly named as William Oglesby in the complaint) responded and arrested Gaddis (see Id. at ¶49). Gaddis was charged with felony trespass.
Gaddis alleges that Oglesby let DeMattei search his vehicle. DeMattei read the contents of a notebook in the car and then relayed information to Officer and Defendant William Lannom. Both DeMattei and Lannom applied for and were granted emergency orders of protection against Gaddis. Gaddis claims both orders violated his free speech rights in that they prohibited him from communicating to or about Lannom and DeMattei. Gaddis further alleges that at his preliminary hearing, Oglesby made false statements that Gaddis's car was not searched and no materials in the car were read.
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