Smith v. Sims

Full title: LESTER SMITH, Plaintiff, v. MICHAEL SIMS, STEVEN STRUBBERG, SHERIFF…

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

Date published: Oct 23, 2019

Case No. 17-cv-774-JPG-GCS (S.D. Ill. Oct. 23, 2019)

Opinion

Case No. 17-cv-774-JPG-GCS

10-23-2019

LESTER SMITH, Plaintiff, v. MICHAEL SIMS, STEVEN STRUBBERG, SHERIFF RICHARD WATSON, and ST. CLAIR COUNTY, Defendants.

J. PHIL GILBERT DISTRICT JUDGE

MEMORANDUM AND ORDER

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 68) of Magistrate Judge Gilbert C. Sison recommending that the Court grant in part and deny in part the defendants' motion for summary judgment (Doc. 57). Specifically, Magistrate Judge Sison recommends the Court grant the motion as to defendant Steven Strubberg (misnamed in the Amended Complaint as Shrewburg) on Counts 1, 2, and 5; as to defendant Michael Sims on Count 2 and 5; as to defendant Sheriff Richard Watson on Count 6; and as to defendant St. Clair County (misnamed in the Amended Complaint as St. Clair County Department of Corrections) on Count 7. He recommends the Court deny the motion as to Sims on Count 1, which would then proceed to trial.

The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P. 72(b)(3). The Court must review de novo the portions of the report to which objections are made. Id. "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).

The Court has received no objection to the Report. The Court has reviewed the entire file and finds that the Report is not clearly erroneous. Accordingly, the Court hereby:

• ADOPTS the Report in its entirety (Doc. 68);

• GRANTS in part and DENIES in part the defendants' motion for summary judgment (Doc. 57). The motion is DENIED as to Count 1 against Sims and GRANTED in all other respects; and

• DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case.

Defendants Strubberg, Watson and St. Clair County are terminated from this case.

The Court further RECONSIDERS sua sponte the plaintiff's motion for appointment of counsel (Doc. 33), GRANTS the motion (Doc. 33), and REFERS the matter of recruitment of counsel for the purposes of trial to Magistrate Judge Sison. The Court further ORDERS the parties to submit a proposed final pretrial order to Magistrate Judge Sison's chambers on or before November 22, 2019. The Final Pretrial Conference and Trial before Judge Gilbert will be set by separate order. IT IS SO ORDERED.
DATED: October 23, 2019

s/ J. Phil Gilbert

J. PHIL GILBERT

DISTRICT JUDGE