Albert Berry III
How Judge Berry rules, drawn from 1 signed order. Every observation links to the order it came from.
How Judge Berry decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In his one located ruling, a Section 1983 motion to dismiss, he worked through each defendant and each count separately rather than ruling on the complaint as a whole: dismissing claims that fell squarely within absolute immunity or a limitations bar, while declining to dismiss claims that turned on disputed factual inferences (e.g., whether a prosecutor acted in an investigative rather than advocacy role) on the ground that those questions are not resolvable on the pleadings. He held Monell claims to a real pleading standard, dismissing both for alleging only the plaintiff's own single incident without any allegation of a broader pattern or practice.
“Plaintiff has not posited any factual allegations that extend beyond his own personal circumstances, and has only pointed to his own single occurrence of constitutional violations.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants' Second Motion to Dismiss For Failure to State a Claim [15] is granted in part and denied in part. The motion is granted as follows: 1) all claims against Defendants Ryan Koehl, Donald Tyer, and Stephen Scheller, whom were all Lake County State's Attorneys, are dismissed based on absolute prosecutorial immunity; 2) Counts 1 and 8 of Plaintiff's Amended Complaint are dismissed as untimely to the extent they are based on Plaintiff's false arrest, but may go forward to the extent they are based on Plaintiff's unlawful detention; 3) Counts 2, 5, 6, 9, and 10 are dismissed; and 4) all claims against Defendants in their official capacities are dismissed without prejudice. The remainder of the motion is denied and Counts 3, 4, 7, and 11 may proceed as pled.”
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