Judges: Per Curiam
Filed: Oct. 23, 2018
Latest Update: Mar. 03, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted October 23, 2018* Decided October 23, 2018 Before MICHAEL S. KANNE, Circuit Judge DAVID F. HAMILTON, Circuit Judge AMY C. BARRETT, Circuit Judge No. 18-1254 OLA D. DICKENS, Appeal from the United States District Plaintiff-Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 17 C 7897 STATE OF ILLI
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted October 23, 2018* Decided October 23, 2018 Before MICHAEL S. KANNE, Circuit Judge DAVID F. HAMILTON, Circuit Judge AMY C. BARRETT, Circuit Judge No. 18-1254 OLA D. DICKENS, Appeal from the United States District Plaintiff-Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 17 C 7897 STATE OF ILLIN..
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted October 23, 2018*
Decided October 23, 2018
Before
MICHAEL S. KANNE, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
AMY C. BARRETT, Circuit Judge
No. 18‐1254
OLA D. DICKENS, Appeal from the United States District
Plaintiff‐Appellant, Court for the Northern District of Illinois,
Eastern Division.
v.
No. 17 C 7897
STATE OF ILLINOIS, et al.,
Defendants‐Appellees. Rebecca R. Pallmeyer,
Judge.
O R D E R
Ola Dickens clearly is distressed, but her pleadings are difficult to follow.
Dickens alleges that police and government officials failed to investigate her concerns
that she is being stalked, surveilled, and threatened, though details are scarce. We also
* We have agreed to decide the case without oral argument because it would not
significantly aid the court. FED. R. APP. P. 34(a)(2)(C). The defendants were not served
with process in the district court and are not participating in this appeal.
No. 18‐1254 Page 2
understand her to allege that she was arrested twice, in October 2012 and July 2015, and
to challenge the general validity of these arrests. There is no obvious link among the
events Dickens discusses but she appears to allege an overarching scheme to harm her.
The district court dismissed the case, and we affirm.
Before turning to the merits of Dickens’s arguments on appeal, we consider the
procedural posture of the case. Dickens filed this pro se suit on July 12, 2017, and
petitioned to proceed in forma pauperis. See 28 U.S.C. § 1915. The district judge granted
this request but struck the complaint because she was “unable to determine from the
current complaint that Ms. Dickens has any non‐frivolous claim for relief.” The judge
granted Dickens leave to file an amended complaint that “provide[d] specifics about the
identity of the wrongdoers, the actions they took, and the dates on which the alleged
wrongdoing took place.” Dickens responded by filing six proposed amended
complaints. She dated the first two November 7 and named the State of Illinois as the
sole defendant. One of these contained a ream of exhibits. She filed four more
complaints later that month, each against different defendants. The judge considered all
six collectively as the “amended complaint” and concluded that “Dickens’s difficulties
do not support a timely federal claim.” She dismissed the case and then denied
Dickens’s motion for reconsideration.
Section 1915(e) “directs courts to screen all complaints filed with requests to
proceed IFP and provides that ‘the court shall dismiss the case at any time’ if, among
other things, the action is frivolous or malicious or ‘fails to state a claim on which relief
may be granted.’” Luevano v. Wal‐mart Stores, Inc., 722 F.3d 1014, 1024–25 (7th Cir. 2013)
(quoting 28 U.S.C. § 1915(e)(2)); see also Coleman v. Labor and Industry Review Comm. of
Wis., 860 F.3d 461, 465 (7th Cir. 2017). The district court, which did not specifically
invoke § 1915(e), concluded that the amended complaints, taken together, failed to state
a claim. We therefore apply the same standard that applies to motions under Federal
Rule of Civil Procedure 12(b)(6) and assess whether Dickens’s allegations, taken as true,
state a plausible claim for relief under any possible legal theory. See Arnett v. Webster,
658 F.3d 742, 751 (7th Cir. 2011). We agree with the district court that they do not.
Dickens’s appellate brief primarily restates the allegations she made in the
district court—that she has been stalked and threatened by “criminals using illegal
surveillance systems” ever since she complained of noise from a nearby railway. She
alleges that government entities, including the Illinois Attorney General, and law
enforcement officers from at least three different municipalities failed to investigate her
No. 18‐1254 Page 3
claims. She also refers vaguely to the foreclosure of her home and loss of her job. She
argues, therefore, that the district court made the following “mistake[s]” by dismissing
her complaint: (1) “finding no basis” in her exhibits “to conclude that any of plaintiff’s
Civil Rights have been violated”; (2) concluding that she “had not alleged a timely claim
within [the] court’s jurisdiction”; and (3) “concluding that individuals don’t have free
Standing rights to be free from surveillance.”
Dickens filed form complaints for civil‐rights cases brought under 42 U.S.C.
§§ 1983, 1985, and 1986. We find no allegations that could be interpreted to state a claim
for relief under § 1985, which “permit[s] recovery from a private actor who has
conspired with state actors” to, among other things, deprive a person or class of persons
of the equal protection of the law. Fairley v. Andrews, 578 F.3d 518, 526 (7th Cir. 2009).
42 U.S.C. § 1985(3). Nor do we see a plausible claim that any defendants refused to
prevent such a conspiracy for purposes of § 1986. See Preddie v. Bartholomew Consol. Sch.
Corp., 799 F.3d 806, 820 (7th Cir. 2015). The complaint’s allegations are simply too
general and conclusory. Moreover, liability under § 1986 depends on an underlying
violation of the plaintiff’s civil rights. See id.
But Dickens’s allegations do not state a claim for such a violation, and so her
§ 1983 claim also was appropriately dismissed. We cannot discern allegations that could
add up to a possible violation of due process or equal protection. To the extent she
challenges either her 2012 or 2015 arrests under the Fourth Amendment, her claims
would be barred by the two‐year statute of limitations under § 1983 for claims brought
in Illinois. See Wallace v. Kato, 549 U.S. 384, 387 (2007). The district court appropriately
considered that affirmative defense because it is evident on the face of the pleadings.
See Jones v. Bock, 549 U.S. 199, 215 (2007). Another impediment to Dickens’s § 1983 claim
is her failure to identify specific state actors who personally participated in the conduct
of which she complains. See Colbert v. City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017),
cert. denied, 138 S.Ct. 657 (2018). Finally, as the district court correctly concluded,
Dickens does not have a constitutional right to compel police or others to investigate
her concerns about the stalking, surveillance, and other harassment she alleges. See
Town of Castle Rock v. Gonzalez, 545 U.S. 748, 756 (2005). Dickens lacks authority for her
contention to the contrary.
Finally, contrary to Dickens’s argument, the district court was not required to sift
through her many exhibits to tease out a valid claim. See United States v. 5443 Suffield
No. 18‐1254 Page 4
Terrace, Skokie, Ill., 607 F.3d 504, 510 (7th Cir. 2010). We note, however, that the order
makes clear that the district judge read every page.
AFFIRMED