Chapman v. Stricker

81 F. App'x 77
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 12, 2003
DocketNo. 02-3754
StatusPublished
Cited by5 cases

This text of 81 F. App'x 77 (Chapman v. Stricker) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chapman v. Stricker, 81 F. App'x 77 (7th Cir. 2003).

Opinion

ORDER

Lamar Chapman III filed suit under 42 U.S.C. § 1983 alleging that several employees of the village of Matteson, Illinois, violated his constitutional rights by thwarting him from distributing a political flyer. Chapman initially received a default against two defendants who had not been properly served, but the district court later set it aside and eventually dismissed the [79]*79complaint in its entirety for failure to state a claim. We vacate the dismissal and remand.

We assume for purposes of our review that the following facts as alleged in Chapman’s complaint are true. In April 2001 Mark Strieker was running for reelection to the Matteson Board of Trustees. Chapman was opposed to Strieker’s reelection, so he went to two church parking lots, an elementary school, and private homes to distribute a flyer that criticized Strieker and promoted Chapman’s favored candidates instead. Chapman was circulating both in Matteson and in the nearby village of Flossmoor, but it is not clear from his complaint whether he was leaving the flyers only on front doors and unattended cars or whether he was also distributing them to willing recipients. Chapman’s efforts, though, were mostly for naught. William Vis, who served as Strieker’s campaign aid and also as the Matteson police commissioner, removed the flyers that Chapman had put on cars in a church parking lot in Flosmoor and directed an off-duty Matteson police officer to stop Chapman from circulating in a Matteson church parking lot. Strieker himself removed Chapman’s flyers from cars at a Matteson elementary school and then enlisted the help of a non-party, Henry Swan, to replace all of the flyers Chapman had left at homes in Matteson with ones promoting Strieker and Vis. Swan was rewarded for his cooperation with “non-bid Village insurance business.” Strieker and Vis ultimately called the Matteson police to report Chapman’s leafleting. Officer R. Wilson and other unnamed officers found Chapman on the street, “verbally restrained” him, and ordered him to produce identification. Wilson told Chapman to stop circulating the “slanderous” flyers because he needed to register with the village before circulating. Chapman, who is African American, claims that Strieker, Vis, and Wilson, all of the them “European American,” acted under color of law to deprive him of his rights to free speech, equal protection, due process, and privacy. He contends that they discriminated against him based on his race and political beliefs.

As an initial matter Chapman contends here that the district court erred in vacating the default against Vis and Wilson, a decision we review for an abuse of discretion. See Robinson Eng’g Co., Ltd. Pension Plan & Trust v. George, 228 F.3d 445, 448 (7th Cir.2000). In order to have an entry of default vacated, the moving party must show (1) good cause for the default; (2) quick action to correct it; and (3) a meritorious defense to the complaint. Pretzel & Stouffer v. Imperial Adjusters, Inc., 28 F.3d 42, 45 (7th Cir.1994). Although the district court did not articulate its evaluation of these factors in its written decision, we cannot find that the court abused its discretion. Vis and Wilson took quick action to cure the default, filing a motion to enter their appearances two business days after it was entered. They showed good cause for the default-they had not been properly served with process-and also told the court that they planned to pursue a meritorious defense by joining in Strieker’s motion to dismiss. See Jones v. Phipps, 39 F.3d 158, 165 (7th Cir.1994) (meritorious defense need not be one that will definitely succeed); see also Augusta Fiberglass Coatings, Inc. v. Floor Contracting Corp., 843 F.2d 808, 812 (4th Cir.1988). We therefore cannot say that the district court abused its discretion by vacating the default against Vis and Wilson.

As to the merits, the district court concluded that Chapman, a plaintiff with a “proclivity for filing frivolous and vexatious lawsuits,” had brought yet another frivo[80]*80lous suit, this time failing “to plead facts” to support his claims. Indeed, the district court thought Chapman’s suit so meritless that the court did not even mention all of his claims. The Supreme Court has made clear, and we have held repeatedly, that the federal system requires only notice pleading; a plaintiff need not plead all of the elements of his claims or all of the facts necessary to support them. See, e.g., Leatherman v. Tarrant Cty. Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 166-67, 113 S.Ct. 1160, 122 L.Ed.2d 517 (1993); Walker v. Thompson, 288 F.3d 1005, 1007 (7th Cir.2002). Rather, a complaint need only contain a “short and plain statement” that gives “fair notice of what the plaintiffs claim is and the grounds upon which it rests.” Swierkiewicz v. Sorema, 534 U.S. 506, 512, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002) (citation omitted). Chapman’s complaint satisfies this standard.

To state a claim under § 1983, a plaintiff must allege that the defendants acted under color of state law to deprive him of specific constitutionally protected rights. Case v. Milewski, 327 F.3d 564, 566 (7th Cir.2003). Chapman alleges that the defendants acted under color of law, and violated several of his constitutional rights. First, he contends that the defendants interfered with his right to free speech. As the basis for this claim he details how the defendants interfered with his leafleting by ordering him to stop circulating, confiscating the flyers he had already distributed, and enlisting the help of local police to restrain him.

The district court, relying on a Matteson anti-littering ordinance, concluded that the defendants were merely enforcing reasonable time, place, and manner restrictions on Chapman’s speech. That conclusion cannot be sustained for a number of reasons, not the least of them that the ordinance merely prohibits depositing handbills in public places and on unattended vehicles but does not bar distribution to individuals in public places or cars and imposes no restriction on leafleting at private homes. Matteson, Illinois Code § 130.07. Taking him at his word, Chapman’s leafleting activities were not confined to placing his flyer on unattended vehicles; indeed, he claims that the defendants not only stopped him from leaving his pamphlet at private residences but also replaced the pamphlets he left at homes with their own. Moreover, Chapman’s leafleting extended to Flossmoor, presumably outside of the reach of Matteson’s ordinance.

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81 F. App'x 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-stricker-ca7-2003.