Smith v. Brown
3:17-cv-00006
S.D. Ill.Feb 2, 2017Background
- Eight detainees at Bond County Jail filed a joint civil-rights complaint alleging black mold in the bullpen and female living areas, causing respiratory and gastrointestinal symptoms.
- Only Plaintiff Smith signed and submitted an IFP motion; the other seven plaintiffs neither signed IFP motions nor paid filing fees.
- The court reviewed procedural issues before conducting merits screening under 28 U.S.C. § 1915A.
- The court warned about risks and obligations of joint prisoner litigation (costs, Rule 11 sanctions, additional filing fees if severed) and designated Smith as lead plaintiff.
- Motions filed by non-parties or not signed by all plaintiffs (including a motion to add plaintiffs and a motion to amend by a non-party Robert Allen and an unsigned motion by Plaintiff Salter) were denied for failure to comply with Rule 11 signature requirements.
- The court ordered each named plaintiff (except Smith) to notify the court by a deadline whether they wish to remain in the group action and to either pay the $400 filing fee or submit a completed IFP motion with trust-account certification; failure to respond would result in dismissal and fee liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of multi-plaintiff joinder | Plaintiffs proceed jointly alleging same conditions of confinement (mold). | Defendants not yet served; no substantive defense raised in this order. | Court permitted joint filing but warned each plaintiff remains individually liable for full filing fee and other risks of group litigation (per Boriboune). |
| Signature requirement for group filings | Plaintiffs submitted various group motions and amendments; some documents were unsigned by all plaintiffs. | N/A (rule-based objection). | All documents filed on behalf of multiple pro se plaintiffs must be signed by each plaintiff; unsigned group filings are denied/subject to being stricken under Fed. R. Civ. P. 11. |
| Motions by non-party to amend/add plaintiffs | Robert Allen and others sought to join or amend but did not obtain signatures from existing plaintiffs. | N/A. | Motions to add/ amend filed by non-parties or not signed by all plaintiffs were denied; Allen removed from docket. Plaintiffs may file an amended complaint signed by all to add parties. |
| Consequences and procedural requirements (fees, IFP, severance, dismissal) | Plaintiffs implicitly argue for proceeding as a group without immediate fees submitted by all. | N/A. | Each non-lead plaintiff must notify court by deadline whether to stay in case; those remaining must pay $400 or file proper IFP with trust-account info; failure to respond = dismissal and fee obligation; severance will trigger separate fees. |
Key Cases Cited
- Boriboune v. Berge, 391 F.3d 852 (7th Cir. 2004) (joint prisoner complaints permitted under Rule 20 but each prisoner remains individually liable for full filing fee and must be warned of group-litigation risks)
- Lewis v. Lenc-Smith Mfg. Co., 784 F.2d 829 (7th Cir. 1986) (an unrepresented party must personally sign filings; non-attorneys cannot sign for others)
- Flannery v. Recording Indus. Ass'n of Am., 354 F.3d 632 (7th Cir. 2004) (an amended complaint supersedes the original complaint)
