Jordan v. Village of Maryville, Illinois, 17-cv-434-JPG-DGW. (2017)
Court: District Court, S.D. Illinois
Number: infdco20171206d77
Visitors: 4
Filed: Dec. 05, 2017
Latest Update: Dec. 05, 2017
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . On November 20, 2017, the Court dismissed Count III against the defendant Village of Maryville on the grounds that plaintiff Ariana R. Jordan had not sufficiently alleged a municipal constitutional violation under Monell v. Department of Social Services, 436 U.S. 658 (1978) (Doc. 18). The Court dismissed Count III without prejudice and with leave to replead on or before December 1, 2017. It further warned Jordan that if she failed
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . On November 20, 2017, the Court dismissed Count III against the defendant Village of Maryville on the grounds that plaintiff Ariana R. Jordan had not sufficiently alleged a municipal constitutional violation under Monell v. Department of Social Services, 436 U.S. 658 (1978) (Doc. 18). The Court dismissed Count III without prejudice and with leave to replead on or before December 1, 2017. It further warned Jordan that if she failed ..
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MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
On November 20, 2017, the Court dismissed Count III against the defendant Village of Maryville on the grounds that plaintiff Ariana R. Jordan had not sufficiently alleged a municipal constitutional violation under Monell v. Department of Social Services, 436 U.S. 658 (1978) (Doc. 18). The Court dismissed Count III without prejudice and with leave to replead on or before December 1, 2017. It further warned Jordan that if she failed to amend her pleading in a timely manner to adequately allege a cause of action, the Court might construe her failure to amend as an admission that she cannot plead a viable Monell claim and could convert the dismissal of Count III to with prejudice.
December 1, 2017, has come and gone, and Jordan has not even attempted to replead Count III. The Court construes this as an admission that she is unable to adequately plead a viable cause of action against the Village of Maryville under Monell. Accordingly, the Court DISMISSES Count III with prejudice and DIRECTS the Clerk of Court to enter judgment accordingly at the close of the case. The Village of Maryville remains in this case as to Count IV only.
IT IS SO ORDERED.
Source: Leagle
