English v. Cowell

844 F. Supp. 1297, 1994 U.S. Dist. LEXIS 1413, 1994 WL 37008
CourtDistrict Court, C.D. Illinois
DecidedFebruary 1, 1994
DocketNo. 84-3299
StatusPublished

This text of 844 F. Supp. 1297 (English v. Cowell) is published on Counsel Stack Legal Research, covering District Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
English v. Cowell, 844 F. Supp. 1297, 1994 U.S. Dist. LEXIS 1413, 1994 WL 37008 (C.D. Ill. 1994).

Opinion

[1298]*1298 OPINION

RICHARD MILLS, District Judge:

This cause is before the Court upon remand from the U.S. Court of Appeals for the Seventh Circuit for a hearing on the Plaintiffs claims before another judge. See English v. Cowell, 10 F.3d 434, 440 (7th Cir.1993).

However, in order to assist the judge who will receive the case, certain background explanation is appropriate.

This is the fourth time the Plaintiff has been before this Court on this particular case. This case represents the ninth out of ten cases filed by Plaintiff against various officials of Local Union 46 of the International Association of Bridge, Structural, and Ornamental Iron Workers. In late 1983, English was serving a fifteen year sentence in the Logan Correctional Center for a felony conviction for unlawful restraint and sexual molestation of a minor, the latest in a string of criminal offenses committed by the Plaintiff, including arson, obstruction of justice, embezzlement, and carrying a concealed weapon. These facts were not mentioned in the appellate court’s previous opinions. At the time English went to prison, he was a member of Local Union 46 of the International Iron Workers Union. On December 19, 1983, the International union sent a letter to Local Union 46 directing the local union to discontinue communications with English and to send to English “forthwith ” a form letter revoking his union membership, (emphasis added). On December 27, 1983, the local union sent a copy of that letter to English, informing him that due to his recent felony conviction and imprisonment, his membership in the union was “terminated effective immediately.” The termination language used was identical to that contained in the form letter supplied by the International union.

On July 18, 1984, English initiated the present lawsuit, claiming that his union membership had been revoked without due process, in violation of 29 U.S.C. § 411(a)(5). That statute provides that a member of a labor organization may not be “expelled, or otherwise disciplined ... by such organization ... unless such member has been (A) served with written specific charges; (B) given a reasonable time to prepare his defense; (C) afforded a full and fair hearing.” English had originally named the International union as a defendant, but on August 1, 1986, this Court dismissed the International union as a party for English’s failure to make timely service of process upon the International union, as required by Fed.R.Civ.P. 4(j). English did not appeal this dismissal.

Art. II, section 2 of the International union’s constitution states that in order to belong to the union, a member must be “of good moral character.” Section 4 then states “Local Unions are required to enforce this section to the letter, [and] ... failure to do so will suspend all benefits of such Local and its members ... and continuous ... neglect of such enforcement will forfeit charter of such Local.” Art. XIX, section 14 also provides that “All members ... who are not working ... must take out a withdrawal card or be expelled from the Association.” Although English did not apply for a withdrawal card, it appears that the International union directed his expulsion from the union due to his bad moral character and the fact that he could not work while serving a long prison term. English had formerly been an officer of the local union and had been convicted of embezzling union funds and altering the local union’s books and records.

On December 18, 1986, this Court issued an order indefinitely staying further discovery in all of English’s cases due to his “unduly oppressive and burdensome pattern of discovery tactics.” English v. Cowell, 117 F.R.D. 132, 136 (C.D.Ill.1986). On June 9, 1987, this Court dismissed Plaintiffs present cause of action under 29 U.S.C. § 411(a)(5) for his failure to file his complaint within a six month statute of limitations period. English v. Cowell, 117 F.R.D. 137, 138-39 (C.D.Ill.1987). This holding was affirmed by the Seventh Circuit, but later vacated by the U.S. Supreme Court after the issuance of its opinion in the case of Reed v. United Transportation Union, 488 U.S. 319, 326, 109 S.Ct. 621, 626, 102 L.Ed.2d 665 (1989), holding that the statute of limitations applicable to claims under 29 U.S.C. § 411 is the state statutory [1299]*1299period governing personal injury actions, which in this ease was two years. English v. Siddens, 493 U.S. 801, 110 S.Ct. 37, 107 L.Ed.2d 8 (1989) (one sentence published order vacating judgment in light of Reed v. United Transportation Union).

While the appeal of the dismissal of the present case was pending, this Court on August 27, 1987 sua sponte dismissed Plaintiffs tenth — and final — cause of action and indefinitely enjoined Plaintiff “from ever filing another lawsuit — in any federal court, at any time, for any reason” as a sanction for his vexatious conduct in burdening the Defendant and this Court with a multitude of frivolous lawsuits. English v. Cowell, 117 F.R.D. 128, 129-32 (C.D.Ill.1987). Following the U.S. Supreme Court’s grant of the Plaintiffs petition for certiorari, the Court of Appeals remanded to this Court the present cause of action — Plaintiffs only surviving claim out of the ten cases filed in this Court.

Upon remand, this Court entered summary judgment for the Defendants on Plaintiffs claim of termination from the union without due process. English v. Siddens, 751 F.Supp. 1343, 1347-50 (C.D.Ill.1990). This Court held that the conduct of the Defendants did not amount to “discipline” under 29 U.S.C. § 411(a)(5), and that even if it were considered discipline, English had received ample due process for his removal for bad moral character, as he had been found guilty beyond a reasonable doubt of unlawfully restraining and sexually assaulting a minor. Id. at 1348. Alternatively, we held that Plaintiff was entitled to a dismissal of his due process claim for his “irresponsible conduct” in the case and his disregard of Court ordered sanctions and his unabated filing of frivolous motions. Id. at 1349. Thus, this Court terminated Plaintiffs last remaining case.

However, on appeal the appellate court found that the Defendants’ termination of the Plaintiffs union membership was discipline under 29 U.S.C. § 411(a)(5) and that the union was required to comply with the procedural directives of the statute. English v. Cowell, 969 F.2d 465, 470, 471-72 (7th Cir.1992).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Reed v. United Transportation Union
488 U.S. 319 (Supreme Court, 1989)
Vesper Moore v. Ashland Oil, Inc.
901 F.2d 1445 (Seventh Circuit, 1990)
Forrest Gene English v. William J. Cowell
10 F.3d 434 (Seventh Circuit, 1993)
English v. Siddens
751 F. Supp. 1343 (C.D. Illinois, 1990)
Doe v. Stegall
653 F.2d 180 (Fifth Circuit, 1981)
English v. Cowell
117 F.R.D. 128 (C.D. Illinois, 1987)
English v. Cowell
117 F.R.D. 132 (C.D. Illinois, 1986)
English v. Cowell
117 F.R.D. 137 (C.D. Illinois, 1987)
English v. Siddens
493 U.S. 801 (Supreme Court, 1989)
Texas v. New Mexico
493 U.S. 802 (Supreme Court, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
844 F. Supp. 1297, 1994 U.S. Dist. LEXIS 1413, 1994 WL 37008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/english-v-cowell-ilcd-1994.