O'Brien v. Vill. of Lincolnshire

354 F. Supp. 3d 911
CourtDistrict Court, E.D. Illinois
DecidedDecember 7, 2018
DocketCase No. 18-cv-01310
StatusPublished

This text of 354 F. Supp. 3d 911 (O'Brien v. Vill. of Lincolnshire) is published on Counsel Stack Legal Research, covering District Court, E.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Brien v. Vill. of Lincolnshire, 354 F. Supp. 3d 911 (illinoised 2018).

Opinion

John Robert Blakey, United States District Judge

Plaintiffs, Dixon O'Brien, John Cook, the International Union of Operating Engineers, Local 150, AFL-CIO ("Local 150"), and the Chicago Regional Council of Carpenters, United Brotherhood of Carpenters and Joiners of America ("Carpenters") (collectively "the Unions"), have sued Defendants the Village of Lincolnshire and the Illinois Municipal League ("IML"). In their Third Amended Complaint (TAC) Plaintiffs bring five claims against Defendants, asserting that Defendants violated: (1) their First Amendment free speech and freedom of association rights through 42 U.S.C. § 1983 (Counts I and II, respectively); (2) the equal protection clause through 42 U.S.C. § 1983 (Count III); and (3) Illinois statutory law by engaging in ultra vires activity (Counts IV and V). [40].

Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), Defendants have jointly moved, for the first time, to dismiss all these claims as well as Plaintiffs' related requests for declaratory and injunctive relief. [50]. For the following reasons, this Court grants Defendants' motion.

I. Legal Standard

Under both Rules 12(b)(1) and 12(b)(6), this Court must construe the TAC [40] in the light most favorable to Plaintiffs, accept as true all well-pleaded facts, and draw reasonable inferences in their favor. Yeftich v. Navistar, Inc. , 722 F.3d 911, 915 (7th Cir. 2013) ; Long v. Shorebank Dev. Corp. , 182 F.3d 548, 554 (7th Cir. 1999). Statements of law, however, need not be accepted as true. Id. Rule 12(b)(6) limits this Court's consideration to "allegations set forth in the complaint itself, documents *913that are attached to the complaint, documents that are central to the complaint and are referred to in it, and information that is properly subject to judicial notice." Williamson v. Curran , 714 F.3d 432, 436 (7th Cir. 2013).

To survive Defendants' motion under Rule 12(b)(6), the TAC must "state a claim to the relief that is plausible on its face." Yeftich , 722 F.3d at 915. A claim "has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id.

Turning to Rule 12(b)(1), there are two types of Rule 12(b)(1) challenges-factual and facial-and they have a "critical difference." Apex Digital, Inc. v. Sears, Roebuck & Co. , 572 F.3d 440, 443 (7th Cir. 2009). When a defendant argues that "the plaintiff's complaints, even if true, were purportedly insufficient to establish injury-in-fact," the challenge is a facial one. Id. at 443-44. Facial challenges "require only that the court look to the complaint and see if the plaintiff has sufficiently alleged a basis of subject matter jurisdiction." Id. at 443. Factual challenges, however, lie where "the complaint is formally sufficient, but the contention is that there is in fact no subject matter jurisdiction." Id. at 444 (internal quotations omitted). Courts may look beyond the complaint only when a defendant brings a factual attack against jurisdiction. Id.

Here, while Defendants articulate the legal standard for raising a factual question concerning jurisdiction, [51] at 2, they argue that the TAC's allegations, "when taken as true ... do not support federal standing." Id. at 5. Defendants allege no external facts to call this Court's jurisdiction into question. See generally [51]; Apex , 572 F.3d at 444. Thus, Defendants bring a facial 12(b)(1) challenge, which requires this Court to look only to the complaint to determine if Plaintiffs have sufficiently alleged a basis for subject matter jurisdiction. Apex , 572 F.3d at 443.

II. The Complaint's Allegations

The following facts come from Plaintiffs' TAC. [40]. Plaintiffs O'Brien and Cook reside in Lincolnshire and pay a variety of municipal taxes to the Village, including property taxes and sales taxes. Id. ¶¶ 7, 8.1 Plaintiff Local 150 is a "labor organization" under federal law. Id. ¶ 9. It negotiates and administers collective bargaining agreements, which cover the work performed by employees within Lincolnshire. Id. Local 150 represents several individual residents of Lincolnshire as well as employees who work in the Village. Id. Plaintiff Carpenters is similarly a "labor organization" under federal law. Id. ¶ 11. One of its affiliates is Carpenters Local 250, which negotiates and administers collective bargaining agreements covering the work performed by employees within Lincolnshire. Id. Carpenters represent at least one employee who resides in Lincolnshire, as well *914as employees who work in the Village. Id. O'Brien is a member of Local 150, while Cook is a member of Carpenters Local 250. Id.

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354 F. Supp. 3d 911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-vill-of-lincolnshire-illinoised-2018.