A federal judge has dismissed, without prejudice, an original complaint filed by Peoria attorney Luke A. Thomas against multiple West Central Illinois public officials and government entities, but the case is continuing after Thomas filed an amended complaint seeking to address the court’s jurisdictional concerns.
Thomas filed the lawsuit June 30 in the U.S. District Court for the Central District of Illinois in Springfield. His original complaint named multiple county judges, county officials, law enforcement officers and others, alleging violations of his constitutional gun rights, the Americans with Disabilities Act and federal civil rights laws stemming from events surrounding his divorce and the seizure and sale of firearms and other property. He also sought a temporary restraining order and preliminary injunction.
On July 7, U.S. District Judge Sue Myerscough recused herself from the case under federal law, and Chief U.S. District Judge Colin Bruce reassigned the matter to U.S. District Judge Colleen Lawless.
Attorneys representing the defendants responded July 14 by asking the federal court to deny Thomas’ request for emergency relief and dismiss the case. Attorneys representing Cass County, Menard County, Brown County and several individual defendants argued the dispute arises from ongoing state domestic relations proceedings and that federal courts lack jurisdiction to intervene. They also argued Thomas failed to meet the legal standards for a temporary restraining order or preliminary injunction, contending any remedy belongs in state court.
Separately, the Illinois Attorney General’s Office, representing Judges Holly Henze, Jerry Hooker and the Eighth Judicial Circuit, argued federal law generally bars the type of injunctive relief Thomas sought against judicial officers acting in their judicial capacity. The response also cited the domestic relations exception to federal jurisdiction and the federal Anti-Injunction Act as reasons the court should deny the motion.
On July 16, Judge Lawless granted Thomas permission to proceed without prepaying filing fees based on financial hardship but dismissed his original complaint without prejudice for lack of federal subject matter jurisdiction. The dismissal allows Thomas to file an amended complaint rather than ending the case permanently.
Later that same day, Thomas filed an amended complaint that narrows and restructures the case. The amended filing removes the two state court judges as defendants and argues the lawsuit is not an attempt to challenge the underlying divorce proceedings. Instead, Thomas contends his claims involve independent constitutional violations, including the alleged warrantless seizure and conversion of firearms and ammunition, due process violations, civil rights claims and alleged failures by the Eighth Judicial Circuit to provide reasonable accommodations under the Americans with Disabilities Act. Thomas maintains those claims fall within federal jurisdiction and seeks damages, declaratory relief and injunctive relief.
On Wednesday, U.S. Magistrate Judge Douglas J. Quivey denied Thomas’s request for court-appointed counsel. While the judge found Thomas had made reasonable efforts to obtain private representation, the court concluded the licensed Illinois attorney had demonstrated he was capable of representing himself despite the complexity of the litigation.
The amended complaint remains pending before Judge Lawless, and the defendants are expected to respond to the revised filing. No ruling has been made on the merits of Thomas’s allegations.