Whitmore v. Snyder et al, No. 3:2004cv00837 - Document 122 (S.D. Ill. 2009)

Court Description: MEMORANDUM AND OPINION reserving ruling on 92 Motion for Default Judgment until after trial on this case is complete. Signed by Judge J. Phil Gilbert on 4/13/09. (dka, )

Download PDF
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS TROY D. WHITMORE, Plaintiff, v. Case No. 04-cv-837-JPG LIEUTENANT WALKER, et al., Defendants. MEMORANDUM AND ORDER This matter comes before the Court on the Motion for Default Judgment as to Lt. Moore (Doc. 92) filed by Plaintiff. Default was entered as to Lt. Moore on February 1, 2008. Therefore, the Court deems all factual allegations against Lt. Moore as admitted. The sole surviving count against Lt. Moore alleges that Lt. Moore was deliberately indifferent to the violation of Plaintiff s constitutional rights by Lt. Moore s subordinates. Specifically, Plaintiff alleges that Lt. Moore knew that unidentified officers used excessive force on Plaintiff during a shakedown of Plaintiff s cell, and allowed the conduct to go on. The doctrine of respondeat superior does not apply to § 1983 actions; thus to be held individually liable, a defendant must be personally responsible for the deprivation of a constitutional right. Sanvill v. McCaughtry, 266 F.3d 724, 740 (7th Cir. 2001) (internal quotations omitted). A defendant will be deemed to have sufficient personal responsibility if he directed the conduct causing the constitutional violation, or if it occurred with his knowledge or consent. Id. A supervisor may be liable for deliberate, reckless indifference to the misconduct of subordinates that results in the deprivation of a constitutional right. Id. Because the allegations against Lt. Moore only state a claim under § 1983 if the conduct of Lt. Moore s subordinates amounted to a constitutional violation, judgment against Lt. Moore is inappropriate at this time. Plaintiff must first establish that the conduct of Lt. Moore s subordinates violated his constitutional rights. Accordingly, the Court RESERVES RULING on the Motion for Default Judgment (Doc. 92) until after trial on this case is complete. IT IS SO ORDERED. DATED: April 13, 2009 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.