Case: Lopez v. City of Chicago

1:01-cv-01823 | U.S. District Court for the Northern District of Illinois

Filed Date: March 15, 2001

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On March 15, 2001, the Chicago civil rights law firm Loevy & Loevy filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Northern District of Illinois, seeking damages on behalf of plaintiff Joseph Lopez for alleged constitutional violations stemming from his arrest in July 2000 by Chicago police for a murder he did not commit. Plaintiff alleged that after he was taken into custody in shooting death of a 12-year old girl, he was held by Chicago p…

On March 15, 2001, the Chicago civil rights law firm Loevy & Loevy filed a civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the United States District Court for the Northern District of Illinois, seeking damages on behalf of plaintiff Joseph Lopez for alleged constitutional violations stemming from his arrest in July 2000 by Chicago police for a murder he did not commit. Plaintiff alleged that after he was taken into custody in shooting death of a 12-year old girl, he was held by Chicago police in a in a nine-by-seven-foot interrogation room for four days, handcuffed to a ring on the wall. He alleged he was deprived of sleep, beaten and threatened in an attempt to coerce him into a confessing to the murder. Ultimately, Lopez gave a false confession, which he later recanted. The confession did not match did not match the forensic evidence from the crime scene. On the fifth day of his detention, police charged Lopez with murder and held a press conference to announce the charges. That same day, a different man, Miguel Figueroa was arrested and confessed to the child's murder. The charges against Lopez were dropped and this lawsuit followed.

Plaintiff's suit alleged Section 1983 claims against the City of Chicago and several detectives and police officers for excessive force, unlawful detention, police torture, and conspiracy in violation of the Fourth and Fourteenth Amendments. He also brought supplemental state law claims. The defendants denied all allegations and the City moved to bifurcate the Section 1983 claims against it from the claims against the individuals officers to stay discovery against the City until after discovery against the individual officers was concluded. The District Court (Judge Darrah) denied the request for bifurcation, but ordered that discovery against the City be stayed pending later reassessment. Lopez v. City of Chicago, 2002 WL 335346, 2002 U.S. Dist. LEXIS 3458 (N.D.Ill. Mar 01, 2002).

Plaintiff then moved to amend his complaint to add class action claims to reform an unconstitutional Chicago Police Department practice known as the "hold past court call" procedure. Plaintiff alleged that this procedure allowed police to continue investigating and interrogating recent arrestees without taking them before a judicial official for a determination of probable cause. The District Court (Judge Darrah) granted the motion over defendants' objections. Lopez v. City of Chicago, 2002 WL 31415767, 2002 U.S. Dist. LEXIS 20613 (N.D.Ill. Oct 25, 2002). Plaintiff filed his second amended complaint with class allegations on November 12, 2002. Discovery continued.

The District Court granted summary judgment on several claims against the two police officers who initially arrested plaintiff. Lopez v. City of Chicago, 2004 WL 725790, 2004 U.S. Dist. LEXIS 5371 (N.D.Ill. Mar 31, 2004). Plaintiff decided to withdrew his request for class certification and the case proceeded on plaintiff's claims against the remaining defendants.

Note that after dropping the class action claims, plaintiff's attorneys, Loevy & Loevy, filed a separate class action lawsuit on October 21, 2004, challenging the detention practices of the Chicago Police Department. That suit was styled Dunn v. City of Chicago [See PN-IL-0008 of this collection]

Following pre-trial motions, see Lopez v. City of Chicago, 2005 WL 563212 (N.D.Ill. Mar 08, 2005), the case proceeded to trial against the remaining individual defendants. After 7 days of testimony, the District Court (Judge Deryeghiayan) refused to submit the majority of plaintiff's claims (claims for unlawful extended detention, unlawful conditions of confinement intention infliction of emotional distress) to the jury for deliberation and ruled that defendants were entitled to judgment as a matter of law. The only claims to go to the jury were the excessive force and assault and battery claims against Officer Gomez, who allegedly punched plaintiff when driving him to the station for questioning. The jury found in favor of Officer Gomez. Lopez v. City of Chicago, 2005 WL 711986, 2005 U.S. Dist. LEXIS 6160 (N.D.Ill. Mar 23, 2005) Plaintiff appealed. The Seventh Circuit Court of Appeals reversed and remanded. Lopez v. City of Chicago, 464 F.3d 711 (7th Cir. 2006). The Appeals Court found that Lopez was entitled to judgment as a matter of law on his unlawful detention claim and that the trial court should have submitted the police torture and intentional infliction of emotional distress claims to the jury.

On remand, the case was settled on terms that were not made public. Under the settlement, plaintiff's attorneys petitioned the Court for an award of attorney's fees. The District Court (Judge Elaine E. Bucklo) awarded plaintiff $819,577.00 in fees, $11,537.12 for taxable expenses and $26,905.68 for non-taxable expenses. Lopez v. City of Chicago, 2007 WL 4162805, 2007 U.S. Dist. LEXIS 85708 (N.D.Ill. Nov 20, 2007).

Summary Authors

Dan Dalton (2/11/2008)

Related Cases

Dunn v. City of Chicago, Northern District of Illinois (2004)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5207312/parties/lopez-v-cty-of-chgo/


Judge(s)

Brown, Geraldine Soat (Illinois)

Bucklo, Elaine E. (Illinois)

Darrah, John W. (Illinois)

Der-Yeghiayan, Samuel (Illinois)

Flaum, Joel Martin (Illinois)

Sykes, Diane S. (Wisconsin)

Williams, Ann Claire (Illinois)

Attorneys(s) for Plaintiff

Ainsworth, Russel R. (Illinois)

Faraci, Peter J. (Illinois)

Kanovitz, Michael I. (Illinois)

Judge(s)

Brown, Geraldine Soat (Illinois)

Bucklo, Elaine E. (Illinois)

Darrah, John W. (Illinois)

Der-Yeghiayan, Samuel (Illinois)

Flaum, Joel Martin (Illinois)

Sykes, Diane S. (Wisconsin)

Williams, Ann Claire (Illinois)

Attorneys(s) for Plaintiff

Ainsworth, Russel R. (Illinois)

Faraci, Peter J. (Illinois)

Kanovitz, Michael I. (Illinois)

Loevy, Jonathan I. (Illinois)

Rosenblatt, Jonathan A. (Illinois)

Attorneys(s) for Defendant

DiCianni, Thomas George (Illinois)

Duarte, Allen (Illinois)

Dunlop, James Cordray (Illinois)

Ghezzi, June K. (Illinois)

Hawley, Alicia Marie (Illinois)

Kapernekas, Dina Marie (Illinois)

Loose, Suzanne M. (Illinois)

Manly, Michael P. (Illinois)

Murray, Brian Joseph (Illinois)

Proctor, Darcy L. (Illinois)

Schroeder, Paul W. (Illinois)

Sheerin, Caroline K. (Illinois)

Skiermont, Karey Vering (Illinois)

Tootooian, Michael W. (Illinois)

Zreczny, Myriam (Illinois)

Documents in the Clearinghouse

Document

1:01-cv-01823

Docket [PACER]

Nov. 20, 2007

Nov. 20, 2007

Docket
1

1:01-cv-01823

Complaint

March 16, 2001

March 16, 2001

Complaint

1:01-cv-01823

Memorandum Opinion and Order

2002 WL 335346

March 1, 2002

March 1, 2002

Order/Opinion

1:01-cv-01823

Memorandum Opinion and Order [on motion to amend complaint to add class action allegations]

2002 WL 31415767

Oct. 25, 2002

Oct. 25, 2002

Order/Opinion
69

1:01-cv-01823

Second Amended Complaint

Nov. 12, 2002

Nov. 12, 2002

Complaint
314-2

Letter Re: Opinion Testimony

No Court

Oct. 13, 2003

Oct. 13, 2003

Correspondence

1:01-cv-01823

Memorandum Opinion

2004 WL 725790

March 31, 2004

March 31, 2004

Order/Opinion
212

1:01-cv-01823

Memorandum Opinion

2005 WL 563212

March 8, 2005

March 8, 2005

Order/Opinion
232

1:01-cv-01823

Memorandum Opinion [on motions for judgment as a matter of law]

2005 WL 711986

March 23, 2005

March 23, 2005

Order/Opinion

05-01877

Order by Court of Appeals

U. S. Court of Appeals for the Seventh Circuit

464 F.3d 711

Sept. 22, 2006

Sept. 22, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5207312/lopez-v-cty-of-chgo/

Last updated June 2, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Jonathan A. Rosenblatt, Danielle Loevy, Arthur R. Loevy, and Jonathan I. Loevy as attorney(s) for plaintiff ( No summons(es) issued.) ( Documents: 1-1 through 1-3) (las) (Entered: 03/16/2001)

March 15, 2001

March 15, 2001

PACER

RECEIPT regarding payment of filing fee paid; on 3/15/01 in the amount of $ 150.00, receipt # 10612944. (las)

March 15, 2001

March 15, 2001

PACER

SCHEDULE set on 3/21/01 by Hon. John W. Darrah : Status hearing set to 9:30 4/17/01 . Mailed notice (ldg)

March 21, 2001

March 21, 2001

PACER

SCHEDULE set on 4/17/01 by Hon. John W. Darrah : Status hearing held and continued to 9:30 5/30/01. Defendants answer or responsive pleading to be filed by 5/17/01. Mailed notice (ldg)

April 17, 2001

April 17, 2001

PACER
2

MINUTE ORDER of 4/17/01 by Hon. John W. Darrah: Status hearing held and continued to 5/31/01 at 9:30 a.m. Defendant City of Chicago's oral motion for leave to file appearance instanter is granted. Defendnt City of Chicago's oral motion for leave to file an answer or otherwise plead is granted. Answer due by 5/17/01. Mailed notice (vmj) (Entered: 04/20/2001)

April 17, 2001

April 17, 2001

PACER
3

MOTION by defendant City of Chgo for leave to file appearance instanter, and for time extension . (mw) (Entered: 04/23/2001)

April 17, 2001

April 17, 2001

PACER
4

ATTORNEY APPEARANCE for defendant City of Chicago by Darcy L. Proctor, Thomas George DiCianni, Dina Marie Kapernekas. (mw) (Entered: 04/23/2001)

April 17, 2001

April 17, 2001

PACER
5

MOTION by defendant City of Chicago to extend time to answer or otherwise plead to plaintiff's complaint ; Notice. (yp) (Entered: 05/23/2001)

May 15, 2001

May 15, 2001

PACER
6

MINUTE ORDER of 5/22/01 by Hon. John W. Darrah : Defendant City of Chicago's motion to extend time to answer or otherwise plead to plaintiff's complaint is granted [5-1] to and including 6/21/01. All initial discovery to be filed on or before 6/5/01. Status hearing set for 6/27/01 at 9:30 a.m. Mailed notice (yp) (Entered: 05/23/2001)

May 22, 2001

May 22, 2001

PACER
7

RESPONSE by defendant Cty of Chgo to plaintiff's first set of requests to admit; Notice. (lc) (Entered: 06/21/2001)

June 18, 2001

June 18, 2001

PACER
8

ATTORNEY APPEARANCE for defendant Ofc Gomez by Darcy L Proctor, Thomas G DiCianni, Dina M Kapernekas. (lc) (Entered: 06/21/2001)

June 19, 2001

June 19, 2001

PACER
9

ANSWER by defendant Cty of Chgo to complaint and affirmative defenses [1-1]; Jury demand. (lc) Modified on 06/25/2001 (Entered: 06/22/2001)

June 21, 2001

June 21, 2001

PACER

SCHEDULE set on 6/27/01 by Hon. John W. Darrah : Status hearing held and continued to 9:30 8/2/01 . Mailed notice (ldg)

June 27, 2001

June 27, 2001

PACER
10

ANSWER by defendant Officer Jose A. Gomez to complaint [1-1] and affirmative defenses; Jury demand. (fce) (Entered: 07/06/2001)

July 5, 2001

July 5, 2001

PACER
11

RESPONSE by defendant Offficer Gomez to plaintiff's first set of request to admit; Notice. (fce) (Entered: 07/10/2001)

July 9, 2001

July 9, 2001

PACER
12

MOTION by plaintiff for leave to file an amended complaint ; Notice (yap) (Entered: 07/18/2001)

July 17, 2001

July 17, 2001

PACER
13

MINUTE ORDER of 7/17/01 by Hon. Blanche M. Manning: Plaintiff's motion for leave to file an amended complaint [12-1] is granted. Defendant to answer or otherwise plead by 8/16/01. Mailed notice (yap) (Entered: 07/18/2001)

July 17, 2001

July 17, 2001

PACER

SCHEDULE set on 8/2/01 by Hon. John W. Darrah : Status hearing held and continued to 9:30 8/29/01 . Mailed notice (ldg)

Aug. 2, 2001

Aug. 2, 2001

PACER

SCHEDULE set on 8/29/01 by Hon. John W. Darrah : Status hearing held and continued to 9:30 10/1/01 . Mailed notice (ldg)

Aug. 29, 2001

Aug. 29, 2001

PACER

SCHEDULE set on 10/1/01 by Hon. John W. Darrah : Status hearing held and continued to 9:30 11/15/01 . Mailed notice (ldg)

Oct. 1, 2001

Oct. 1, 2001

PACER
14

MINUTE ORDER of 11/5/01 by Hon. John W. Darrah: The status hearing set for 11/15/01 at 9:30 a.m. is reset to 11/15/01 at 9:00 a.m. Mailed notice. (fce) (Entered: 11/06/2001)

Nov. 5, 2001

Nov. 5, 2001

PACER
15

MOTION by defendant City of Chicago to stay discovery on monell policy claims and sever such claims for later resolution (Attachments); Notice. (fce) (Entered: 11/16/2001)

Nov. 8, 2001

Nov. 8, 2001

PACER
16

MOTION by defendants for entry of protective order (Attachments). (fce) (Entered: 11/16/2001)

Nov. 8, 2001

Nov. 8, 2001

PACER
17

MINUTE ORDER of 11/15/01 by Hon. John W. Darrah: Status hearing held and continued to 1/10/02 at 9:00 a.m. Plaintiff's response to defendant City of Chicago's motion to stay discovery on monell policy claims [15-1] and sever such claims for later resolution [15-2] and defendnats' motion for entry of protective order [16-1] to be filed by 12/06/01. Defendants' reply to be filed by due 12/13/01. Mailed notice. (fce) (Entered: 11/16/2001)

Nov. 15, 2001

Nov. 15, 2001

PACER

Text not available.

Nov. 28, 2001

Nov. 28, 2001

PACER
18

ATTORNEY APPEARANCE for James Delafont, Jennifer DeLucia, Hector Vergara, Daniel Jacobs, Robert Myers by Darcy L. Proctor, Thomas G. DiCianni. (yp) (Entered: 12/05/2001)

Nov. 28, 2001

Nov. 28, 2001

PACER
19

RESPONSE by plaintiff to defendants' motion for entry of protective order [16-1]; Notice (jmp) (Entered: 12/14/2001)

Dec. 6, 2001

Dec. 6, 2001

PACER
20

RESPONSE by plaintiff to defendants' motion to stay discovery on monell policy claims [15-1] and sever that issue for deferred resolution [15-2]; Notice (jmp) (Entered: 12/14/2001)

Dec. 6, 2001

Dec. 6, 2001

PACER
21

ANSWER by defendant Officer Robert Myers and affirmative defenses to first amended complaint [1-1]; jury demand; Notice. (emd) (Entered: 12/28/2001)

Dec. 21, 2001

Dec. 21, 2001

PACER
22

ANSWER by defendant Officer Daniel Jacobs and affirmative defenses to first amended complaint [1-1]; jury demand; Notice. (emd) (Entered: 12/28/2001)

Dec. 21, 2001

Dec. 21, 2001

PACER
23

ANSWER by defendant Hector Vergara and affirmative defenses to first amended complaint [1-1]; jury demand; Notice. (emd) (Entered: 12/28/2001)

Dec. 21, 2001

Dec. 21, 2001

PACER
24

ANSWER by defendant Jennifer Delucia and affirmative defenses to first amended complaint [1-1]; jury demand; Notice. (emd) (Entered: 12/28/2001)

Dec. 21, 2001

Dec. 21, 2001

PACER
25

ANSWER by defendant James Delafont and affirmative defenses to first amended complaint [1-1]; jury demand; Notice. (emd) (Entered: 12/28/2001)

Dec. 21, 2001

Dec. 21, 2001

PACER
26

ANSWER by defendant Cty of Chgo and affirmative defenses to first amended complaint [1-1]; jury demand; Notice. (emd) (Entered: 12/28/2001)

Dec. 21, 2001

Dec. 21, 2001

PACER
27

MOTION by Cty of Chgo for leave of court to file its reply briefs in support of its motion to stay policy discovery and motion for protective order, instanter (Attachment); Notice. (vmj) (Entered: 01/07/2002)

Dec. 21, 2001

Dec. 21, 2001

PACER
28

MINUTE ORDER of 1/4/02 by Hon. John W. Darrah: Defendant City of Chicago's motion for leave of court to file its reply briefs in support of its motion to stay policy discovery and motion for protective order, instanter is granted [27-1]. Defendant's reply memorandum to be filed on or before 1/8/02. Status hearing set for 1/10/02 is stricken and reset to 2/13/02 at 9:00 a.m. Mailed notice (vmj) (Entered: 01/07/2002)

Jan. 4, 2002

Jan. 4, 2002

PACER
29

MOTION by defendant Cty of Chgo for time extension to file its reply briefs in support of its motion to stay policy discovery and motion for protective order ; Notice. (mw) (Entered: 01/11/2002)

Jan. 8, 2002

Jan. 8, 2002

PACER
30

MINUTE ORDER of 1/10/02 by Hon. John W. Darrah : Defendant City of Chicago's motion for time extension to file its reply briefs in support of its motion to stay policy discovery and motion for protective order [29-1] is granted. Replies to be filed on or before 01/29/02. Status hearing set for 02/13/02 is stricken and reset to 02/28/02 at 9:00 a.m. Mailed notice (mw) (Entered: 01/11/2002)

Jan. 10, 2002

Jan. 10, 2002

PACER
31

MOTION by plaintiff to compel responses to discovery, for entry of default as to defendants and for further relief (Attachment); Notice. (jmp) (Entered: 01/24/2002)

Jan. 14, 2002

Jan. 14, 2002

PACER
32

MINUTE ORDER of 1/23/02 by Hon. John W. Darrah : Plaintiff's motion to compel responses to discovery is granted [31-1]. (Entered Agreed Order). Mailed notice (jmp) (Entered: 01/24/2002)

Jan. 23, 2002

Jan. 23, 2002

PACER
33

REPLY memorandum by defendant in support of its motion to stay policy discovery [15-1], and to sever/bifurcate such claims for later resolution [15-2] (cdy) (Entered: 01/30/2002)

Jan. 28, 2002

Jan. 28, 2002

PACER
34

REPLY memorandum by defendant in support of its motion for entry of protective order [16-1]; Notice. (cdy) (Entered: 01/30/2002)

Jan. 28, 2002

Jan. 28, 2002

PACER
35

MINUTE ORDER of 1/31/02 by Hon. John W. Darrah : Defendants' motion for a protective order [16-1] is denied. The parties are ordered to confer and present an agreed protective order to the Court on the next scheduled status date of 02/28/02 at 9:00 a.m. Mailed notice (mw) (Entered: 02/01/2002)

Jan. 31, 2002

Jan. 31, 2002

PACER
37

MOTION by plaintiff for oral argument ; Notice (cdy) (Entered: 02/12/2002)

Feb. 1, 2002

Feb. 1, 2002

PACER
36

ANSWER and affirmative defenses by defendant Ofc Gomez to first amended complaint [1-1]; jury demand. Notice. (ntf) Modified on 02/11/2002 (Entered: 02/05/2002)

Feb. 4, 2002

Feb. 4, 2002

PACER
38

MINUTE ORDER of 2/7/02 by Hon. John W. Darrah: Plaintiff's motion for oral argument [37-1] is denied. Mailed notice (cdy) (Entered: 02/12/2002)

Feb. 7, 2002

Feb. 7, 2002

PACER
40

MOTION by defendants Cty of Chgo, Ofc Gomez, James Delafont, Jennifer DeLucia, Hector Vergara, Daniel Jacobs, Robert Myers to file additional appearance on behalf of defendants, City of Chicago, detectives Delafont, Delucia, Vergara and officers Gomez, Jacobs and Myers ; Notice. (air) (Entered: 02/19/2002)

Feb. 8, 2002

Feb. 8, 2002

PACER
39

ATTORNEY APPEARANCE for plaintiff by Michael I Kanovitz; Notice. (air) Modified on 02/14/2002 (Entered: 02/14/2002)

Feb. 13, 2002

Feb. 13, 2002

PACER
41

MINUTE ORDER of 2/15/02 by Hon. John W. Darrah : Defendant's motion to file additional appearance on behalf of defendants, City of Chicago, detectives Delafont, Delucia, Vergara and officers Gomez, Jacobs and Myers is granted [40-1]. Mailed notice (air) Modified on 02/20/2002 (Entered: 02/19/2002)

Feb. 15, 2002

Feb. 15, 2002

PACER
42

ADDITIONAL ATTORNEY APPEARANCE for defendants by Michael W. Tootooian; Notice. (cdy) (Entered: 02/20/2002)

Feb. 19, 2002

Feb. 19, 2002

PACER
45

RENEWED MOTION by defendants for entry of protective order (Attachments); Notice (cdy) (Entered: 03/04/2002)

Feb. 25, 2002

Feb. 25, 2002

PACER
48

MOTION by plaintiff to compel defendants to comply with plaintiff's written discovery request and for further relief (Attachments); Notice (cdy) (Entered: 03/06/2002)

Feb. 25, 2002

Feb. 25, 2002

PACER
43

RESPONSE and consent by plaintiff's to defendants' protective order (Attachment); Notice [16-1]. (ntf) (Entered: 02/27/2002)

Feb. 26, 2002

Feb. 26, 2002

PACER
44

MINUTE ORDER of 2/28/02 by Hon. John W. Darrah: (Entered Memorandum Opinion and Order). The City's motion to stay discovery on Monell policy claims and sever such claims for later resolution is denied in part and granted in part. The City's motion to stay discovery on Monell policy claims [15-1], is granted. The City's motion sever such claims for later resolution [15-2], is denied. Mailed notice (cdy) Modified on 03/04/2002 (Entered: 03/01/2002)

Feb. 28, 2002

Feb. 28, 2002

RECAP
46

MINUTE ORDER of 2/28/02 by Hon. John W. Darrah: Status hearing held. Defendant's renewed motion for entry of protective order [45-1], is granted. (Entered protective order.) Mailed notice (cdy) Modified on 03/04/2002 (Entered: 03/04/2002)

Feb. 28, 2002

Feb. 28, 2002

PACER
47

RESPONSE by defendants to plaintiff's second motion to compel (Attachments); Notice. (cdy) (Entered: 03/05/2002)

March 4, 2002

March 4, 2002

PACER
49

MINUTE ORDER of 3/5/02 by Hon. John W. Darrah : Plaintiff's second motion to compel defendants to comply with plaintiff's written discovery request and for further relief [48-1] is entered and continued. Status hearing is set for 04/02/02 at 9:00 a.m. Mailed notice (cdy) Modified on 03/06/2002 (Entered: 03/06/2002)

March 5, 2002

March 5, 2002

PACER
50

MINUTE ORDER of 4/2/02 by Hon. John W. Darrah: Status hearing held. Plaintiff's motion to compel [48-1], is granted as stated on the record. Mailed notice (cdy) (Entered: 04/03/2002)

April 2, 2002

April 2, 2002

PACER
51

TRANSCRIPT of proceedings for the following date(s): 04/02/02 before Honorable John W. Darrah (cdy) (Entered: 04/08/2002)

April 5, 2002

April 5, 2002

PACER

SCHEDULE set on 6/14/02 by Hon. John W. Darrah : Status hearing set to 9:00 7/10/02 . Mailed notice (ldg)

June 14, 2002

June 14, 2002

PACER
52

MOTION by plaintiff to require City of Chicago to provide 30(b)(6) deponent(s) by 07/15/02 (Attachments); Notice (cdy) (Entered: 06/27/2002)

June 19, 2002

June 19, 2002

PACER
53

MINUTE ORDER of 6/25/02 by Hon. John W. Darrah: Plaintiff's motion to require City of Chicago to provide 30(b)(6) deponent(s) by 07/15/02 [52-1], is granted. Mailed notice (cdy) (Entered: 06/27/2002)

June 25, 2002

June 25, 2002

PACER
54

MOTION by defendants for additional time to respond/object to plaintiff's requests to admit (Attachments); Notice (cdy) (Entered: 07/10/2002)

June 28, 2002

June 28, 2002

PACER
56

THIRD MOTION by plaintiff to compel (Attachments); Notice (yap) (Entered: 07/12/2002)

July 3, 2002

July 3, 2002

PACER
55

MINUTE ORDER of 7/9/02 by Hon. John W. Darrah: Defendants motion for additional time to respond/object to plaintiff's requests to admit [54-1], is granted to and including 07/31/02. Mailed notice (cdy) (Entered: 07/10/2002)

July 9, 2002

July 9, 2002

PACER

SCHEDULE set on 7/10/02 by Hon. John W. Darrah : Status hearing held and continued to 9:00 9/4/02 . Mailed notice (ldg)

July 10, 2002

July 10, 2002

PACER
57

MINUTE ORDER of 7/10/02 by Hon. John W. Darrah: Parties agreed that defendants will provide written responses to second set of discovery requests by Friday, 7/12/02. Defendants will provide written responses to plaintiff's third motion to compel by close of business today, 7/10/02 [56-1]. Mailed notice (yap) (Entered: 07/12/2002)

July 10, 2002

July 10, 2002

PACER
60

FOURTH MOTION by plaintiff to compel proper responses to request for production 10 in the plaintiff's first set of request for production to the individual defendants (Attachments); Notice (cdy) Modified on 08/12/2002 (Entered: 08/12/2002)

July 25, 2002

July 25, 2002

PACER
58

RESPONSE by defendants to plaintiff's motion to compel [56-1] (Attachments); Notice (cdy) (Entered: 07/31/2002)

July 30, 2002

July 30, 2002

PACER
61

MOTION by defendants for additional time to complete plaintiff's deposition ; Notice (cdy) (Entered: 08/12/2002)

Aug. 2, 2002

Aug. 2, 2002

PACER
59

RESPONSE by plaintiff to defendants' motion for additional time to complete plaintiff's deposition (Attachments); Notice (cdy) Modified on 08/08/2002 (Entered: 08/08/2002)

Aug. 7, 2002

Aug. 7, 2002

PACER
62

MINUTE ORDER of 8/8/02 by Hon. John W. Darrah: Defendants' motion for additional time to complete plaintiff's deposition [61-1], is granted. Deposition is limited to hours. Plaintiff's fourth motion to compel [60-1], is granted in part as stated in open court. Defendants to respond to requests within 14 days (8/22/02). Status hearing set for 09/04/02 at 9:00 a.m. to stand. Mailed notice (cdy) (Entered: 08/12/2002)

Aug. 8, 2002

Aug. 8, 2002

PACER
63

TRANSCRIPT of proceedings for the following date(s): 08/08/02, before Honorable John W. Darrah (cdy) (Entered: 08/15/2002)

Aug. 14, 2002

Aug. 14, 2002

PACER
64

MOTION by plaintiff for leave to file amended complaint stating class action allegations and for scheduling order on certification and completion of discovery (Attachments); Notice. (gcy) (Entered: 09/05/2002)

Aug. 28, 2002

Aug. 28, 2002

PACER
65

MINUTE ORDER of 9/4/02 by Hon. John W. Darrah : Status hearing held and continued to 10/24/02 at 9:00 a.m. Plaintiff's third motion to compel [56-1] is granted. Defendants' response to plaintiff's motion for leave to file amended complaint stating class action allegations and for scheduling order on certification and completion of discovery to be filed by 09/18/02. Plaintiff's reply to be file by 09/25/02. Mailed notice (gcy) (Entered: 09/05/2002)

Sept. 4, 2002

Sept. 4, 2002

PACER
66

MEMORANDUM by defendant City of Chicago in opposition to plaintiff's motion for leave to file amended complaint stating class action allegations and for scheduling order on certification and completion of discovery [64-1]; Notice (cdy) (Entered: 09/19/2002)

Sept. 18, 2002

Sept. 18, 2002

PACER
67

REPLY by plaintiff to defendant's response to motion for leave to file amended complaint stating class action allegations [64-1] (Attachments); Notice (cdy) (Entered: 09/26/2002)

Sept. 25, 2002

Sept. 25, 2002

PACER
68

MINUTE ORDER of 10/24/02 by Hon. John W. Darrah: Status hearing held and continued to 12/03/02 at 9:00 a.m. Vladic's motion for leave to file amended complaint stating class action allegations [64-1], is granted. Entered Memorandum Opinion and Order. Mailed notice (cdy) (Entered: 10/25/2002)

Oct. 24, 2002

Oct. 24, 2002

RECAP
69

SECOND AMENDED COMPLAINT [1-1] by plaintiff; jury demand; Notice (cdy) (Entered: 11/13/2002)

Nov. 12, 2002

Nov. 12, 2002

PACER

SCHEDULE set on 11/25/02 by Hon. John W. Darrah : Status hearing reset to December 4, 2002 at 9:00a.m. The status hearing previously scheduled for December 3, 2002 is stricken Mailed notice (slb)

Nov. 25, 2002

Nov. 25, 2002

PACER
70

UNOPPOSED MOTION by defendant City of Chicago to extend time to answer or otherwise plead in response to second amended complaint ; Notice (cdy) (Entered: 12/05/2002)

Nov. 25, 2002

Nov. 25, 2002

PACER
71

MOTION by defendant City of Chicago for leave to withdraw appearance, and substitute counsel (cdy) (Entered: 12/05/2002)

Nov. 25, 2002

Nov. 25, 2002

PACER
72

MINUTE ORDER of 12/4/02 by Hon. John W. Darrah: Status hearing held and continued to 01/23/03 at 9:00 a.m. Defendant City of Chicago's motion for leave to withdraw appearance Ancel Glink Diamon Bush DiCianni & Rokek P.C. [71-1] and leave to substitute the appearance of Ms. Ghezzi and Mr. Manly from Jones, Day, Reavis & Pogue is granted. Defendant City of Chicago's unopposed motion to extend time to answer or otherwise plead in response to second amended complaint [70-1] is granted to and including 12/10/02. Individual defendants are given to and including 01/02/03 to respond to second amended complaint. Mailed notice (cdy) (Entered: 12/05/2002)

Dec. 4, 2002

Dec. 4, 2002

PACER
73

ATTORNEY APPEARANCE for defendant City of Chicago by June K. Ghezzi and Michael P. Manly (cdy) (Entered: 12/05/2002)

Dec. 4, 2002

Dec. 4, 2002

PACER
74

MINUTE ORDER of 12/10/02 by Hon. John W. Darrah: All defendants have to and including 01/02/03 in which to file their answer. Mailed notice (cdy) (Entered: 12/11/2002)

Dec. 10, 2002

Dec. 10, 2002

PACER
75

ANSWER and affirmative defenses by defendant to plaintiff's second amended complaint [69-1]; Notice (cdy) (Entered: 01/03/2003)

Jan. 2, 2003

Jan. 2, 2003

PACER
76

ANSWER and affirmative defenses by defendant Officer Jose Gomez to plaintiff's complaint [69-1] (cdy) (Entered: 01/03/2003)

Jan. 2, 2003

Jan. 2, 2003

PACER
77

ANSWER and affirmative defenses by defendant Officer Robert Meyers to plaintiff's second amended complaint [69-1] (cdy) (Entered: 01/03/2003)

Jan. 2, 2003

Jan. 2, 2003

PACER
78

ANSWER and affirmative defenses by defendant City of Chicago to plaintiff's second amended complaint [69-1]; jury demand (cdy) (Entered: 01/03/2003)

Jan. 2, 2003

Jan. 2, 2003

PACER

SCHEDULE set on 1/23/03 by Hon. John W. Darrah : Status hearing held and continued to 9:00 2/6/03 . Mailed notice (ldg)

Jan. 23, 2003

Jan. 23, 2003

PACER
79

MOTION by plaintiff for a rule to show cause (Attachments); Notice of motion (eav) (Entered: 02/18/2003)

Feb. 5, 2003

Feb. 5, 2003

PACER

SCHEDULE set on 2/6/03 by Hon. John W. Darrah : Status hearing held and continued to 9:00 2/13/03 . Mailed notice (ldg)

Feb. 6, 2003

Feb. 6, 2003

PACER
80

MINUTE ORDER of 2/13/03 by Hon. John W. Darrah : Status hearing held. Plaintiff's motion for a rule to show cause is entered and continued to 2/26/03 at 9:00 a.m. [79-1] Mailed notice (eav) (Entered: 02/18/2003)

Feb. 13, 2003

Feb. 13, 2003

PACER

SCHEDULE set on 2/26/03 by Hon. John W. Darrah : Status hearing set to 9:00 3/19/03. All parties to be present . Mailed notice (ldg)

Feb. 26, 2003

Feb. 26, 2003

PACER
81

MINUTE ORDER of 3/19/03 by Hon. John W. Darrah: Status hearing held. Respondent will provide information to plaintiff by 03/20/03. Plaintiff's motion for a rule to show cause [79-1], is denied without prejudice to refile if documents are not complete. Mailed notice (cdy) (Entered: 03/20/2003)

March 19, 2003

March 19, 2003

PACER

SCHEDULE set on 3/28/03 by Hon. John W. Darrah : Status hearing set to 9:00 4/22/03 . Mailed notice (wah)

March 28, 2003

March 28, 2003

PACER
82

MOTION by defendants James Delafont, Jennifer DeLucia, Hector Vergara, Jose Gomez, Daniel Jacobs, Robert Meyers to file additional appearance on behalf of defendants Detectives Delafont, DeLucia, Vergara and Officers Gomez, Jacobs and Myers (Attachment); Notice. (fce) (Entered: 04/23/2003)

April 10, 2003

April 10, 2003

PACER
83

MINUTE ORDER of 4/22/03 by Hon. John W. Darrah : Status hearing held and continued to 5/13/03 at 9:00 a.m. Defendants' motion to file additional appearance on behalf of defendants Detectives Delafont, DeLucia, Vergara and Officers Gomez, Jacobs and Myers is granted [82-1]. Mailed notice (fce) (Entered: 04/23/2003)

April 22, 2003

April 22, 2003

PACER
84

ATTORNEY APPEARANCE for defendants James Delafont, Jennifer DeLucia, Hector Vergara, Jose Gomez, Daniel Jacobs, Robert Meyers by Allen Duarte; Notice. (fce) (Entered: 04/23/2003)

April 22, 2003

April 22, 2003

PACER

SCHEDULE set on 5/13/03 by Hon. John W. Darrah : Status hearing held. Discovery ordered closed on 12/9/03 . Pretrial conference set to 11:30 4/8/04. Jury trial set to 10:00 5/3/04 . Mailed notice (ldg)

May 13, 2003

May 13, 2003

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Policing

Key Dates

Filing Date: March 15, 2001

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual arrested by Chicago police and held in an interrogation room for 4 days

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Loevy & Loevy

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of Chicago (Chicago), City

Case Details

Causes of Action:

34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Conditions of confinement

Excessive force

Failure to discipline

Failure to supervise

Failure to train

False arrest