Black testified that he interpreted Clarke’s posts as threats, and that
they caused him mental and emotional harm. (Docket #22-1 at 17). Black
also testified that because of Clarke’s posts, he has become the target of
threatening and anti-Semitic comments online. Id.
4.
ANALYSIS
Black brings claims against Clarke under the First, Fourth, and
Fourteenth Amendments.9 Black also brings a Monell claim against
The defendants ask the Court to disregard Black’s First and Fourteenth
Amendment claims because Black first asserted them in response to their motion
for summary judgment, and that, they argue, is too late in the day. The
defendants are right that a plaintiff “may not amend his complaint through
arguments in his brief in opposition to a motion for summary judgment.”
Anderson v. Donahoe, 699 F.3d 989, 997 (7th Cir. 2012). On the other hand, a
plaintiff has latitude to refine and develop his legal theories based on the record
that emerges in discovery. See CMFG Life Ins. Co. v. RBS Sec., Inc., 799 F.3d 729,
743 (7th Cir. 2015). This latitude is in keeping with Rule 8(a)’s notice pleading
regime, under which “[a] complaint need not identify legal theories.” Id. at 744;
see also Currie v. Chhabra, 728 F.3d 626, 629 (7th Cir. 2013) (“It therefore does not
matter whether the complaint mentioned the Fourth Amendment, the Fourteenth
9
Page 9 of 27
Case 2:17-cv-00156-JPS Filed 01/05/18 Page 9 of 27 Document 39
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات