Henderson v. Wilcoxen

After serving a term in an Illinois state prison for a sex crime, the plaintiff was committed to a Treatment and Detention Facility, pursuant to the civil Sexually Violent Persons Commitment Act. He had a job in the Facility’s dietary services department. He alleged, in his suit under 42 U.S.C. 1983, that he was fired in retaliation for previous lawsuits against staff members. He claims disciplinary charges against him were “trumped-up.” The district judge conducted screening under 28 U.S.C. 1915(e)(2) and dismissed the suit with prejudice because it “contained only conclusory allegations. … Plaintiff simply stated he had filed previous lawsuits and assumed people knew about it.” The judge had interviewed the plaintiff by telephone. The Seventh Circuit reversed, noting that it previously rejected ex parte telephonic interrogation as a method of screening complaints to determine whether they state a claim. It is permissible for the judge to interview a pro se detainee plaintiff to determine, not whether the plaintiff’s case is meritorious, but simply what that case is; the judge must ensure that a transcript or recording of the interview be made to allow appellate review. View "Henderson v. Wilcoxen" on Justia Law