Heckart v. Pate

52 F.R.D. 224, 15 Fed. R. Serv. 2d 302, 1971 U.S. Dist. LEXIS 13494
CourtDistrict Court, N.D. Illinois
DecidedApril 30, 1971
DocketNos. 69C537, 69C591
StatusPublished
Cited by8 cases

This text of 52 F.R.D. 224 (Heckart v. Pate) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heckart v. Pate, 52 F.R.D. 224, 15 Fed. R. Serv. 2d 302, 1971 U.S. Dist. LEXIS 13494 (N.D. Ill. 1971).

Opinion

MEMORANDUM OPINION AND ORDER

PERRY, District Judge.

Plaintiff Sam D. Heckart originally brought this action on behalf of himself and now seeks to convert his civil rights suit into one on behalf of himself and all other inmates of the Illinois State Penitentiary. In his complaint he alleges that defendants herein have conspired and have unlawfully, under color of state law, committed many acts which have deprived him and all other inmates of numerous Constitutional rights. He also seeks entry of an order providing that all inmates of the Illinois State Penitentiary shall be notified of the pendency of this action. Defendants have asked the Court to deny plaintiff’s request for a class action and plaintiff has made reply.

Plaintiff invokes the Court’s jurisdiction under the provisions of 28 U.S.C. § 1343 and seeks relief pursuant to 42 U.S.C. §§ 1983, 1985(2), 1985(3) and 1986, alleging violations of the First, Fourth, Sixth, Eighth, Ninth, Thirteenth and Fourteenth Amendments to the United States Constitution. The suit is for damages and injunctive relief. Defendants have filed a motion to dismiss the Second Amended Complaint or for more definite pleadings.

Plaintiff originally filed two complaints herein solely on behalf of himself and this Court dismissed each of them on the ground that there was not a cause of action stated therein upon which relief could be granted. Plaintiff appealed and the United States Court of Appeals reversed and remanded the causes for further proceedings. This Court further was directed upon remand to appoint Michael D. Sullivan or some other attorney as counsel for plaintiff.

In its order the Court of Appeals pointed out that Mr. Sullivan had been appointed by that Court to represent plaintiff-appellant in the appeals and had filed a response, suggesting therein

“that because of the form of plaintiff’s pro se pleadings it would facilitate matters for all concerned if supplemental or amended pleadings be prepared by counsel and filed on behalf of plaintiff after counsel has had sufficient time to review the record and consult personally with plaintiff at the Illinois State Penitentiary.” (Emphasis supplied)

Said mandate was filed April 20, 1970.

[226]*226Pursuant to mandate the Court appointed Michael D. Sullivan, Douglas C. Nohlgren and Jerold S. Solovy of the law firm of Jenner and Block as attorneys and co-counsel for plaintiff. Upon plaintiff’s motion it further ordered the forwarding to plaintiff’s counsel of certain Special Exhibits requested.

Petitioner originally filed a cause numbered 69 C 537 in this court entitled: Sam D. Heckart vs. Herbert Brown, Director Illinois Department of Public Safety, Springfield, Illinois; Frank J. Pate, Warden, Illinois State Penitentiary. Petitioner also filed a second cause numbered 69 C 591 entitled: Sam D. Heckart vs. Frank J. Pate, Warden Illinois State Penitentiary. These were the titles of cases before the United States Court of Appeals. On October 2,1970, after remand, cause 69 C 591 was consolidated with cause 69 C 537 for all purposes and to proceed under 69 C 537.

On October 14, 1970, plaintiff was given leave to file an Amended Complaint. The complaint was filed not as Sam D. Heckart, as in the original complaints, but as “Sam D. Heckart, on behalf of himself and all other inmates of the Illinois State Penitentiary” (Emphasis supplied).

The Warden of the Joliet-Statesville Branch of the penitentiary and the Director of the Illinois Department of Public Safety were named, as before, but in addition plaintiff added 43 other defendants. Approximately a week later, defendants, who had received service, filed a motion to dismiss plaintiff's complaint or for more definite pleadings.

On October 28, 1971, plaintiff filed a Second Amended Complaint, deleting the names of 22 defendants and adding 7 entirely new defendants. On November 25, 1970, defendants who had received service filed a motion to dismiss plaintiff’s Second Amended Complaint or for more definite pleadings. And again, on January 25, 1971, the Attorney General of the State of Illinois filed a motion to include certain parties named additional parties defendant (served subsequent to November 25, 1970) in disposing of defendant’s original motion to dismiss or for more definite pleadings filed on November 25th.

On February 16, 1971, plaintiff filed said motion for determination that a class action may be maintained. On March 30, 1971, plaintiff’s counsel presented to this Court a motion for Order of Notice to Class asking entry of an order “requiring the defendants to publicize and distribute to all members of the plaintiff class a notice of the pend-ency of this action” and requiring such notice be publicized and distributed by posting on “all ‘inmate bulletin boards’ in the Illinois State Penitentiary System; and * * * by hand-delivery of a copy to each member of the plaintiff class within defendants’ custody and control. * * * ” Said motion further asked this Court to order the defendants to prepare a receipt-list of the names of all members of the plaintiff class, with a space on such list for each member of the class to sign his name upon receipt of the notice, and to order the filing of the original of such receipt-list with the Court when the distribution of notice to each member of the class is completed.

By recasting his complaint from one solely on behalf of himself, as originally before this Court and the Court of Appeals, plaintiff now seeks to sue on behalf of the thousands of inmates in all branches of the Illinois State Penitentiary. Defendants point out that the State of Illinois now has approximately 7,800 inmates in custody, all of whom would have to receive notice if the motion for a class action were granted. Additionally, there are approximately 3,100 individuals on parole, some of whom might conceivably also have to be eventually noticed. It appears clear under Rule 23 of the Federal Rules of Civil Procedure that the Court must order notice if it finds a class action exists. As this Court views this case, such a class [227]*227suit could figuratively open up a Pandora’s box. The Court could be swamped with a review of prison administration and the policing of prison operations, a job for which the courts are not created or equipped, and of which executive responsibility this Court does not have jurisdiction.

Albeit, there are broad allegations made that prisoners’ constitutional rights have been violated and the Court must and does consider the complaint now before it, namely the Second Amended Complaint. Said Second Amended Complaint is a substitute for and supersedes all the prior complaints herein, that is the original complaints filed by plaintiff pro se, which were before this Court and the Court of Appeals, and the subsequent Amended Complaint before this Court. Hutchins v.

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Bluebook (online)
52 F.R.D. 224, 15 Fed. R. Serv. 2d 302, 1971 U.S. Dist. LEXIS 13494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heckart-v-pate-ilnd-1971.