# United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

Submitted October 1, 2013 *

Decided October 2, 2013

Before

FRANK H. EASTERBROOK, Circuit Judge

ANN CLAIRE WILLIAMS, Circuit Judge

JOHN DANIEL TINDER, Circuit Judge

No. 13

‐ 1269

ROBERT HOLLAND,

Plaintiff

‐ Appellant,

v.

CITY OF GARY, et al.,

Defendants

‐ Appellees

. Appeal from the United States District

Court for the Northern District of Indiana,

Hammond Division.

No. 2:10cv454

‐ PRC

Paul R. Cherry,

Magistrate Judge

.

O R D E R

Robert Holland appeals the grant of summary judgment against him in this civil

‐ rights suit asserting false arrest, false imprisonment, and malicious prosecution (among

other claims), in connection with an altercation he had with his mother at her home in

Gary, Indiana. We affirm. NONPRECEDENTIAL DISPOSITION

To be cited only in accordance with

Fed. R. App. P. 32.1

* After examining the briefs and the record, we have concluded that oral argument is

unnecessary. Thus the appeal is submitted on the briefs and the record. See F ED

. R. A PP

. P.

34(a)(2)(C).No. 13

‐ 1269 Page 2

Holland was arrested after police responded to a call from his mother about a

domestic disturbance at her house. Holland’s mother—who was confined to a

wheelchair—told police that Holland had become enraged during an argument with

her, spat in her face, poked her in the head with his finger, and threatened that if he

went to jail “she would end up on the morgue.” Holland was arrested and taken to the

Gary Police Department. He was charged with battery by bodily fluid and intimidation;

the next day he was taken to the Lake County Jail and held there for 16 days until he

could post bond. Although the charges were later dropped, Holland brought this suit

under 42 U.S.C. § 1983 against various defendants associated with the city of Gary (the

Mayor and the Chief of Police) and Lake County (the Board of Commissioners, Sheriff,

Lake County Jail warden, and two police officers).

Four times during the proceedings, Holland sought leave to amend his

complaint to add dozens of new claims or many new defendants. Each time the

magistrate judge, who was presiding with the parties’ consent, denied the request.

After further proceedings, the magistrate judge granted summary judgment for

the defendants. The court found that the Gary defendants were entitled to summary

judgment on Holland’s claims of false arrest, unlawful detention, and malicious

prosecution because the officers had probable cause to arrest Holland based on what

they observed and were told by Holland’s mother (and other family members who had

arrived at the house after the call). Holland did not dispute the version of events on

which the officers relied (though he argued later that he had hoped through discovery

to identify witnesses who would testify about the officers’ lack of probable cause to

arrest him).

Holland then sought for a fourth time to amend his complaint—submitting a

200

‐ page proposed amended pleading that included 37 claims and nearly 60

defendants. The magistrate judge denied this request because it would introduce delay,

confusion, and the potential for prejudice into the proceedings.

The court then granted summary judgment for all of the Lake County

defendants. The Board of Commissioners was entitled to summary judgment because it

neither controlled the County Sheriff nor was responsible for conditions at Lake County

Jail and therefore could not be liable for any deprivation of Holland’s rights resulting

from his detention. The Sheriff and warden were entitled to summary judgment

because Holland did not set forth any evidence of unconstitutional policies or customsNo. 13

‐ 1269 Page 3

at the jail to reflect that Holland was subjected during his detention to conditions that

were cruel or unusual.

On appeal Holland generally challenges the court’s repeated denials of his

request to amend his complaint. But the magistrate judge properly denied these

requests after concluding that Holland’s attempts to amend were untimely or

prejudicial to the defendants. See F ED

. R. C IV

. P. 15(a)(1)(B), (a)(2), Hukic v. Aurora Loan

Servs.

, 588 F.3d 420, 432 (7th Cir. 2009). For instance, Holland’s first attempt to amend

occurred more than two months after all parties had answered and even then he tried to

add several new defendants and 31 new claims, many lacking any apparent connection

to his original complaint.

Holland next argues that the court should not have entered summary judgment

before discovery was complete. But if Holland needed further discovery, he should

have moved under Federal Rule of Civil Procedure 56(d) (formerly Rule 56(f)),

explaining why he could not yet present facts essential to his opposition. Edgenet, Inc. v.

Home Depot U.S.A., Inc.

, 658 F.3d 662, 665 (7th Cir. 2011). Even pro se litigants must

follow this rule, Abdulhaseeb v. Calbone

, 600 F.3d 1301, 1310 (10th Cir. 2010).

Holland also argues that summary judgment was wrongly decided against him

because probable cause did not support his arrest and detention. But we agree with the

district court that the defendants had probable cause to arrest Holland. The officers

observed him standing outside of his mother’s house when they responded to her 911

call. Inside the house, Holland’s mother told the officers that he had become enraged,

spit on her, poked her in the head, and threatened her. This was enough to show a

probability of criminal activity at the time of Holland’s arrest. See Mucha v. Village of Oak

Brook

, 650 F.3d 1053, 1056–57 (7th Cir. 2011).

Holland also contends that he was entitled to a hearing before the court entered

summary judgment against him. But trial courts have discretion whether or not to hold

oral arguments to decide motions. See F ED

. R. C IV

. P. Rule 56, 78(b); N.D. I ND

. R. 7

‐ 5(c);

Himes v. United States

, 645 F.3d 771, 784 (6th Cir. 2011). The court here acted within its

discretion by deciding the summary judgment motions based on the parties’ written

submissions.

Holland finally argues that, given the complexity of this suit, the magistrate

judge abused his discretion by declining to recruit an attorney to assist him. But the

court appropriately concluded that Holland—who had formerly served as an AssistantNo. 13

‐ 1269 Page 4

City Attorney, a County Deputy Prosecutor, and a private criminal defense attorney in

Indiana–appeared competent to litigate the case himself. See Pruitt v. Mote

, 503 F.3d 647,

654 (7th Cir. 2007) (en banc).

AFFIRMED