Case: Perez v. City of Chicago

1:13-cv-04531 | U.S. District Court for the Northern District of Illinois

Filed Date: June 20, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 20, 2013, a man who had been arrested and detained in Chicago’s Homan Square detention center filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiff sued the City of Chicago and Chicago police officers under 42 U.S.C. § 1983. Represented by a private firm, the plaintiff asked the court for compensatory and punitive damages. The plaintiff claimed that the City of Chicago and the individual police officers violated his Fourth and Fourteenth Amen…

On June 20, 2013, a man who had been arrested and detained in Chicago’s Homan Square detention center filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The plaintiff sued the City of Chicago and Chicago police officers under 42 U.S.C. § 1983. Represented by a private firm, the plaintiff asked the court for compensatory and punitive damages. The plaintiff claimed that the City of Chicago and the individual police officers violated his Fourth and Fourteenth Amendment rights. He alleged that they subjected him to secret arrest and excessive force, tortured and sodomized him, and prevented from calling an attorney. The plaintiff claimed that after being questioned and detained without being able to contact an attorney, he was taken to Homan Square, a police warehouse that was not a normal police station, where he was threatened and tortured.

On September 2, 2015, the court (Magistrate Judge Mary M. Rowland) granted the plaintiff's motion to file a second amended complaint. 2015 WL 5163165. On October 5, 2015, the plaintiff filed a second amended complaint that included additional plaintiffs and a request for class certification. The plaintiffs asked for injunctive and declaratory relief in addition to monetary damages, bringing the same claims as the original complaint: they alleged that they had been subjected to unconstitutional police practices at Homan square. The class members claimed that the city of Chicago and the Chicago police department violated their Fourth and Fourteenth amendment rights by subjecting them to excessive force and secret arrests, without making a public record of their arrest or allowing them to contact an attorney. The plaintiffs alleged that the Chicago Police Department used Homan Square to hold citizens “incommunicado”—that is, without the formal processing procedures or acknowledgment of the detention—so that police could interrogate citizens and coerce them to cooperate with investigations. The class plaintiffs brought a § 1983 "secret arrest" class claim for alleged policies and practices—including secretly detaining citizens at places like Homan Square, interrogating citizens without advising them of their Miranda rights, attempting to coerce false confessions, denying contact with attorneys or family, and refusing access to food, water, and restrooms—that violated the First and Fourth Amendments. Two of the new named plaintiffs brought a claim for deprivations of adequate accommodations, alleging policies and practices of detaining citizens overnight without providing them minimally adequate accommodations for sleeping. The second amended complaint also included individual claims for excessive force, failure to intervene in excessive force, state law claims, and an indemnification claim against the City.

On January 16, 2016, Magistrate Judge Rowland granted the discovery motion from the plaintiffs to inspect the Homan Square facilities where the detainees were kept. This area included detainee cells, bathrooms, bullpen holding cells and interview/interrogation rooms. The plaintiff was also permitted to perform testing in these areas on suspected blood and human excrement.

The defendants filed a motion to dismiss on December 18, 2015 on the basis that two of the plaintiffs were time-barred and another plaintiff failed to state a viable claim. On February 15, 2016, the intervenor plaintiff from Mann v. Ramaglia filed a motion to consolidate his case with this one. On March 24, 2016, Judge Mary M. Rowland granted part and denied part of the motion. She directed that pre-trial proceedings be coordinated in this case and Mann v. Ramaglia under her supervision.

On August 26, 2016, Judge Rowland granted the City's motion to dismiss as to some of the named plaintiffs' claims, finding them time barred or failing to state a claim upon which relief could be granted. 2016 WL 4493425. On February 1, 2017, the plaintiffs filed a third amended complaint with three named plaintiffs, which asserted the same substantive claims seeking to reform the procedures that allowed police to hold arrestees "incommunicado" and in inhumane conditions in order to "squeeze" information out of them.

The parties engaged in consolidated discovery in this case and Mann v. Ramaglia for the next year-and-a-half. On September 8, 2017, Judge Rowland granted the plaintiffs' request to include Chicago Mayor Rahm Emanuel and members of his staff in the City's email search. 2017 WL 3970592.

Following a July 17, 2018 status hearing, the court reported that the plaintiffs had submitted a settlement demand to the defendants. The parties agreed at an August 28, 2018 status hearing that a settlement conference could be productive, but it was unclear whether one of the named plaintiffs would participate, which the City and the court agreed would render settlement unproductive. At a September 28, 2018 status hearing, it was established that the named plaintiff would participate in a settlement conference tentatively set for November 14, 2018. While moving toward a settlement conference the parties were reportedly at odds over whether this would be a class-wide or individual settlement.

After the November 2018 status hearing, Judge Rowland stayed class discovery until the class plaintiffs had filed a motion to certify class. For Perez, the individual plaintiff, Judge Rowland set February 28, 2019 as a non-negotiable and non-continuable date for the close of fact discovery. At this point, the judge's frustration with this plaintiff became apparent from her management of his case, including additional non-continuable deadlines and written admonition of his attorney.

After the scheduled close of discovery for the individual plaintiff's case, the parties continued into a period of contentious expert discovery. The parties brought several disputes to the judge during this time, including: 1) Defendants' claiming that they had never agreed to a motion the plaintiff filed as an agreed motion; 2) Defendants' motions to bar plaintiff from disclosing any expert witnesses/strike individual experts; and 3) a motion for sanctions on the plaintiff for failing to comply with disclosure requirements.

The class plaintiffs filed their motion to certify the class on March 5, 2019. They sought certification for two classes. Class I (Detainee and Arrestee Class) consisted of "All natural persons detained or arrested by a Chicago Police Officer where no public record of the detainment or arrest was created within a reasonable amount of time from the initial detainment (Plaintiffs suggest one hour from the initial detainment) and where no court order existed at the time of arrest or detainment sealing or otherwise making the detainment or arrest confidential, beginning on a date two years prior to the filing of this

Complaint to the present." Class II (Future Detainees and Arrestees Class) consisted of "All persons who may in the future be subject to the secret arrests Described in Class One."

The court denied the motion for class certification on December 27, 2019. 2019 WL 7290848. In an opinion that was critical of the plaintiff's briefing, Judge Robert Dow, Jr. held that the plaintiffs had failed to adequately state the constitutional right that was allegedly violated. Even if this right was properly alleged, though, Judge Dow found that the class failed the commonality, typicality, and adequacy requirements for class certification.

After a status conference in January 2020, all of the involved parties agreed to participate in settlement conferences. An initial conference was scheduled for May 20, 2020, but due to the COVID-19 public health emergency this was postponed for an indeterminate amount of time. As of May 27, 2020, the parties have been encouraged to engage in settlement negotiations outside of court. This case is ongoing.

Summary Authors

Kat Brausch (4/3/2016)

Sarah McDonald (10/14/2018)

Alex Moody (5/27/2020)

Related Cases

Mann v. Ramaglia, Northern District of Illinois (2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4261332/parties/perez-v-city-of-chicago/


Judge(s)

Brown, Geraldine Soat (Illinois)

Dow, Robert Michael Jr. (Illinois)

Rowland, Mary Margaret (Illinois)

Attorneys(s) for Plaintiff

Alyea, Michelle A. (Illinois)

Brigham, Phillip Aaron (Illinois)

Coleman, Khara Aisha Ashanti (Illinois)

Combs, Cathleen M. (Illinois)

DeCaro, Dennis J. (Illinois)

Edelman, Daniel A. (Illinois)

Epstein, Jason R. (Illinois)

Judge(s)

Brown, Geraldine Soat (Illinois)

Dow, Robert Michael Jr. (Illinois)

Rowland, Mary Margaret (Illinois)

Attorneys(s) for Plaintiff

Alyea, Michelle A. (Illinois)

Brigham, Phillip Aaron (Illinois)

Coleman, Khara Aisha Ashanti (Illinois)

Combs, Cathleen M. (Illinois)

DeCaro, Dennis J. (Illinois)

Edelman, Daniel A. (Illinois)

Epstein, Jason R. (Illinois)

Erickson, Jon F. (Illinois)

Gelsomino, Sarah Jeanette (Illinois)

Hill, Anthony William (Illinois)

Kamin, Scott T. (Illinois)

Latturner, James O. (Illinois)

Maisuria, Ronak P. (Illinois)

Miller, Cassandra P. (Illinois)

Ohri, Shubra (Illinois)

Oppenheimer, Michael D. (Illinois)

Taylor, G. Flint (Illinois)

Attorneys(s) for Defendant

Beck, Gregory M (Illinois)

Cazares, Jorge V. (Illinois)

Chavira, Iris Y (Illinois)

Cifonelli, Jonathan Booker (Illinois)

Dixon, Matthew P. (Illinois)

Doi, Kathryn M. (Illinois)

Gowin, Lindsay Wilson (Illinois)

Hanford, Elizabeth Kathryn (Illinois)

Jones, Walter Jr. (Illinois)

Kabacinski, Bret Anthony (Illinois)

Marx, Jason Michael (Illinois)

Shoffner, Robin Denise (Illinois)

Steiner, Rachel C. (Illinois)

Yurchich, Jordan F (Illinois)

Documents in the Clearinghouse

Document

1:13-cv-04531

Docket [PACER]

May 26, 2020

May 26, 2020

Docket
1

1:13-cv-04531

Complaint

Angel Perez v. City of Chicago

June 20, 2013

June 20, 2013

Complaint
132

1:13-cv-04531

Second Amended Complaint

Oct. 5, 2015

Oct. 5, 2015

Complaint
166

1:13-cv-04531

15-cv-09197

Plaintiffs' Motion for Intervention, Reassignment or Consolidation of Related Cases

Angel Perez v. City of Chicago

Feb. 15, 2016

Feb. 15, 2016

Pleading / Motion / Brief
186

1:13-cv-04531

Memorandum Order and Order

Aug. 26, 2016

Aug. 26, 2016

Order/Opinion
202

1:13-cv-04531

Third Amended Complaint

Feb. 1, 2017

Feb. 1, 2017

Complaint
330

1:13-cv-04531

Memorandum Opinion and Order

2019 WL 7290848

Dec. 27, 2019

Dec. 27, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4261332/perez-v-city-of-chicago/

Last updated Aug. 4, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Angel Perez; Jury Demand. Filing fee $ 400, receipt number 0752-8468319.(DeCaro, Dennis) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

RECAP
2

CIVIL Cover Sheet (DeCaro, Dennis) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

PACER
3

Attorney Appearance by Angel Perez (DeCaro, Dennis) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

PACER

CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Mary M. Rowland. (jn, )

June 20, 2013

June 20, 2013

PACER
4

ATTORNEY Appearance for Defendant City of Chicago by Jason Michael Marx (Marx, Jason) (Entered: 08/01/2013)

Aug. 1, 2013

Aug. 1, 2013

PACER
5

ENTERED IN ERROR (Shoffner, Robin) Modified on 8/13/2013 (gcy, ). (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
6

MOTION by Defendants City of Chicago, Jorge L Lopez for extension of time to file answer (Marx, Jason) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
7

NOTICE of Motion by Jason Michael Marx for presentment of motion for extension of time to file answer 6 before Honorable Robert M. Dow Jr. on 8/15/2013 at 09:15 AM. (Marx, Jason) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
8

MINUTE entry before Honorable Robert M. Dow, Jr: Before the Court is Defendants' unopposed joint motion to extend time to answer or otherwise plead 6 . The motion is granted. Defendants' answer or other response to the complaint is due 9/9/2013. Notice of motion date of 8/15/2013 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
9

NOTICE of Correction regarding attorney appearance 5 . (gcy, ) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
10

ATTORNEY Appearance for Defendant Jorge L Lopez by Kathryn M. Doi (Doi, Kathryn) (Entered: 08/19/2013)

Aug. 19, 2013

Aug. 19, 2013

PACER
11

ATTORNEY Appearance for Defendant Jorge L Lopez by Matthew P Dixon (Dixon, Matthew) (Entered: 08/22/2013)

Aug. 22, 2013

Aug. 22, 2013

PACER
12

MINUTE entry before Honorable Robert M. Dow, Jr: Initial Status hearing set for 9/24/2013 at 09:00 AM. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. Parties to prepare and submit a joint status report at least two days prior to set status. (See Judge's web page for status report). Mailed notice (tbk, ) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
13

ANSWER to Complaint with Jury Demand by City of Chicago(Marx, Jason) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

PACER
14

ANSWER to Complaint with Jury Demand by Jorge L Lopez(Doi, Kathryn) (Entered: 09/18/2013)

Sept. 18, 2013

Sept. 18, 2013

PACER
15

NOTICE by Jorge L Lopez re answer to complaint 14 and Certificate of Service (Doi, Kathryn) (Entered: 09/18/2013)

Sept. 18, 2013

Sept. 18, 2013

PACER
16

STATUS Report by Angel Perez (DeCaro, Dennis) (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

PACER
17

MINUTE entry before Honorable Robert M. Dow, Jr: Status hearing held on 9/24/2013. Rule 26(a)(1) initial disclosures to be exchanged by 10/15/2013. Parties to submit Protective Order and Agreed HIPPA Order by 10/15/2013. All fact discovery to be completed by 3/25/2014. Status hearing set for 3/13/2014 at 09:00 AM. Mailed notice (tbk, ) (Entered: 09/24/2013)

Sept. 24, 2013

Sept. 24, 2013

PACER
18

ENTER AGREED CONFIDENTIALITY ORDER Signed by the Honorable Robert M. Dow, Jr on 10/3/2013. Mailed notice(tbk, ) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
19

ENTER AGREED QUALIFIED HIPAA PROTECTIVE Order Signed by the Honorable Robert M. Dow, Jr on 10/3/2013. Mailed notice(tbk, ) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
20

MOTION by counsel for Plaintiff Angel Perez to withdraw as attorney (DeCaro, Dennis) (Entered: 12/10/2013)

Dec. 10, 2013

Dec. 10, 2013

PACER
21

NOTICE of Motion by Dennis John DeCaro for presentment of motion to withdraw as attorney 20 before Honorable Robert M. Dow Jr. on 12/17/2013 at 09:15 AM. (DeCaro, Dennis) (Entered: 12/11/2013)

Dec. 11, 2013

Dec. 11, 2013

PACER
22

MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Dennis DeCaro, counsel for Plaintiff Angel Perez, to withdraw as attorney 20 is granted. Plaintiff is given to 1/31/2014 to obtain new counsel or file his pro se appearance. This case is set for further status on 2/6/2014 at 9:00 a.m. at which time either new counsel or Plaintiff himself must appear. Failure to appear may lead to sanctions up to and including dismissal of the case for want of prosecution. As discussed on the record in open court, withdrawing counsel is directed to serve a copy of this order on Plaintiff Perez and place on the docket confirmation that service was effectuated. Mailed notice (tbk, ) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
23

Notice to Plaintiff of Minute Order granting Plaintiff's Counsel to Withdraw by Angel Perez (DeCaro, Dennis) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
24

MINUTE entry before the Honorable Robert M. Dow, Jr: On the Court's own motion, Status hearing date of 2/6/2014 is stricken and Status hearing reset for 2/5/2014 at 09:00 AM. Mailed notice (tbk, ) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
25

ATTORNEY Appearance for Plaintiff Angel Perez by Jon F Erickson (Erickson, Jon) (Entered: 01/22/2014)

Jan. 22, 2014

Jan. 22, 2014

PACER
26

ATTORNEY Appearance for Plaintiff Angel Perez by Michael D. Oppenheimer (Oppenheimer, Michael) (Entered: 01/22/2014)

Jan. 22, 2014

Jan. 22, 2014

PACER
27

ATTORNEY Appearance for Plaintiff Angel Perez by Ronak P. Maisuria (Maisuria, Ronak) (Entered: 01/22/2014)

Jan. 22, 2014

Jan. 22, 2014

PACER
28

MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held on 2/5/2014. Existing discovery schedule is stricken. Parties to file a joint status report with proposed discovery schedule by 3/10/2014. Further Status hearing set for 3/13/2014 at 09:00 AM. Mailed notice (tbk, ) (Entered: 02/05/2014)

Feb. 5, 2014

Feb. 5, 2014

PACER
29

MOTION by counsel for Plaintiff Angel Perez to withdraw as attorney (Maisuria, Ronak) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
30

NOTICE of Motion by Ronak P. Maisuria for presentment of motion to withdraw as attorney 29 before Honorable Robert M. Dow Jr. on 2/13/2014 at 09:15 AM. (Maisuria, Ronak) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
31

MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION by Plaintiff's attorneys, Ronak Maisuria, Jon Erickson, and Michael Oppenheimer of Erickson & Oppenheimer to withdraw their appearance 29 is granted. Plaintiff is given unitl 3/13/2014 to obtain new counsel or file his pro se appearance. This case is set for further status on 3/13/2014 at 9:00 a.m. at which time either new counsel or Plaintiff himself must appear. Failure to appear may lead to sanctions up to and including dismissal of the case for want of prosecution. As discussed on the record in open court, withdrawing counsel is directed to serve a copy of this order on Plaintiff Perez and place on the docket confirmation that service was effectuated. Mailed notice (tbk, ) (Entered: 02/14/2014)

Feb. 13, 2014

Feb. 13, 2014

PACER
32

CERTIFICATE of Service by Plaintiff Angel Perez regarding order on motion to withdraw as attorney, motion hearing, set/reset hearings, terminate motions,,,,,,,,,,,, 31 (Attachments: # 1 Notice of Filing)(Maisuria, Ronak) (Entered: 02/25/2014)

1 Notice of Filing

View on PACER

Feb. 25, 2014

Feb. 25, 2014

PACER
33

MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held on 3/13/2014. Plaintiff Perez appears at status and is directed to file, instanter, his pro se appearance. Case is being referred to Magistrate Judge Rowland for all discovery motions and discovery supervision. Mailed notice (tbk, ) (Entered: 03/13/2014)

March 13, 2014

March 13, 2014

PACER
34

EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Mary M. Rowland. Entered by Honorable Ruben Castillo on 3/13/14.(gcy, ) (Entered: 03/14/2014)

March 13, 2014

March 13, 2014

PACER
35

MINUTE entry before the Honorable Mary M. Rowland:Initial status hearing set for 4/1/2014 at 9:00 AM before Magistrate Judge Mary M. Rowland for discovery status and for the purpose of scheduling a settlement conference. Parties are to bring dates when both clients and counsel will be available for a settlement conference. Judge Rowland generally conducts settlement conferences Mondays through Thursdays at 1:00 p.m. Other dates and times may be available as required by the Court or the parties. The parties are directed to review and to comply with Judge Rowland's Standing Order regarding Setting Settlement Conferences, which is available on Judge Rowland's web page located on the Court's website at www.ilnd.uscourts.gov. Mailed notice (gel, ) (Entered: 03/17/2014)

March 17, 2014

March 17, 2014

PACER
36

MOTION by Defendant Jorge L Lopez to reset initial status date (Doi, Kathryn) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

PACER
37

NOTICE of Motion by Kathryn M. Doi for presentment of motion to reset 36 before Honorable Mary M. Rowland on 3/25/2014 at 09:15 AM. (Doi, Kathryn) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

PACER
38

MINUTE entry before the Honorable Mary M. Rowland:Defendant's Motion to reset initial status from 4/1/2014 to 4/7/2014 36 is granted. Initial Status hearing reset for 4/7/2014 at 09:00 AM. No appearance necessary on 3/25/2014. Mailed notice (gel, ) Modified on 3/20/2014 (gel, ). (Entered: 03/20/2014)

March 20, 2014

March 20, 2014

PACER
39

MINUTE entry before the Honorable Mary M. Rowland:Status hearing held on 4/7/2014. The individual defendant shall produce to Plaintiff any documents received from Plaintiff's previous counsel as well as individual defendant's document requests by 4/11/2014. The City shall also re-serve Plaintiff its interrogatories and document requests by 4/11/14. Mr. Prerez is ordered to respond to both defendants' discovery requests by May 15, 2014. Plaintiff shall post mark his discovery requests to the Defendants by May 23, 2014. [NOTE DATE CHANGE]. Both defendants are also ordered to re-serve any Rule 26(a)(1) disclosures on Mr. Perez by 4/11/14. Status hearing set for 5/28/2014 at 9:00 AM. Mailed notice (gel, ) (Entered: 04/07/2014)

April 7, 2014

April 7, 2014

PACER
40

MINUTE entry before the Honorable Mary M. Rowland:Status hearing held and continued to 6/26/2014 at 9:00 AM. The court will set a close of discovery date at that time.Mailed notice (gel, ) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

PACER
41

MOTION by Defendants City of Chicago, Jorge L Lopez to clarify Plaintiff's witness list (Attachments: # 1 Exhibit A - C)(Doi, Kathryn) (Entered: 06/02/2014)

1 Exhibit A - C

View on PACER

June 2, 2014

June 2, 2014

PACER
42

MOTION by Defendants City of Chicago, Jorge L Lopez to compel answers to discovery (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Doi, Kathryn) (Entered: 06/02/2014)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

June 2, 2014

June 2, 2014

PACER
43

NOTICE of Motion by Kathryn M. Doi for presentment of motion to clarify 41 before Honorable Mary M. Rowland on 6/10/2014 at 09:15 AM. (Doi, Kathryn) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER
44

NOTICE of Motion by Kathryn M. Doi for presentment of motion to compel 42 before Honorable Mary M. Rowland on 6/10/2014 at 09:15 AM. (Doi, Kathryn) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER
45

MINUTE entry before the Honorable Mary M. Rowland:Motion hearing held. Plaintiff failed to appear. Defendants' Motion to Clarify Plaintiff's Witness List 41 is taken under advisement. The motion will be heard on 7/10/2014 at 9:00 AM. Plaintiff must appear and be prepared to address that motion. The status set for 6/26/14 is stricken.Mailed notice (gel, ) (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

PACER
46

MINUTE entry before the Honorable Mary M. Rowland:Defendants' Motion to Compel Discovery Responses 42 is GRANTED. Exhibit A to the Motion is Plaintiff's response to Defendant Lopez's Request for Documents and First Set of Interrogatories. With respect to Requests for Production 1-3, 6-21, 24-25 and 27-28, Mr. Lopez provides several paragraphs of boilerplate objections. Mr. Perez is permitted to rely on objections. However, he must also respond to the requests by telling Defendant Lopez whether he is in possession of any documents responsive to the request. Furthermore, in response to both defendants' requests (Exhibit A and Exhibit B), Mr. Lopez indicates that he has "responsive documents and things" which include "Computer Files". The Court understands that Mr. Perez recently produced some documents to counsel for the City and is in the process of burning a CD for the City. So that it is clear, Mr. Perez is ordered to produce all of the documents that he defines as "responsive", including those contained on the CD, to defendants. Mr. Perez also indicates that he will rely on: (1) excerpts from his productions company's "whistleblower documentary"; (2) screenshots of a conversation; (3) video evidence gathered so far; (4) evidence recorded by Plaintiff during his encounter; (5) visual images of damages; (6) video of kid transported to gang area; (7) picture of ankle dent left by shackles; (8) April 21, 2013 message from defendant Lopez; and (9) picture of anal injury. Mr. Perez is required to produce copies of all of these documents and images and the recording. Mr. Perez has two weeks, until June 25, 2014, to produce these items to defendants and to supplement his responses to Defendant Lopez's Requests for Documents. Mailed notice (gel, ) (Entered: 06/11/2014)

June 11, 2014

June 11, 2014

PACER
47

MINUTE entry before the Honorable Mary M. Rowland:Status hearing held on 7/10/2014 and continued to 9/16/2014 at 09:30 AM.Mailed notice (gel, ) (Entered: 07/10/2014)

July 10, 2014

July 10, 2014

PACER
48

MOTION by Plaintiff Angel Perez to compel. (gcy, ) (Entered: 08/05/2014)

Aug. 4, 2014

Aug. 4, 2014

PACER
49

NOTICE of Motion by Angel Perez for presentment of motion to compel 48 before Honorable Mary M. Rowland on 8/12/2014 at 09:15 AM. (gcy, ) (Entered: 08/05/2014)

Aug. 4, 2014

Aug. 4, 2014

PACER
50

MINUTE entry before the Honorable Mary M. Rowland:Motion hearing held on 8/12/2014. Plaintiff's Motion to Compel 48 is denied as moot because defendants recently served discovery responses on plaintiff. Plaintiff's deposition is set for 8/27/2014 at 10:00 AM. Plaintiff is to mail the email string with investigator Corely to defendants today. Status hearing previously set for 9/16/2014 to stand. The parties should make every effort to have taken Officer Lopez's deposition or to have a firm date set for that deposition by the next status. The Court will set a close of fact discovery at the next status. Mailed notice (gel, ) (Entered: 08/12/2014)

Aug. 12, 2014

Aug. 12, 2014

PACER
51

MINUTE entry before the Honorable Mary M. Rowland:Status hearing held. Defendant's Motion to Clarify Plaintiff's witness 41 list is granted as follows: Plaintiff indicated on the record that he will not call the following individuals to establish liability against Officer Lopez: Jason Christopher, Ilana Rosenzweig, Commander Eric Washington, Superintendent Garry McCarthy, and "all other members of the '193 Gangs Investigations South'". Plaintiff has properly identified these individuals as potentially having knowledge regarding his Monell claim. Plaintiff is given until 9/24/14 to identify a home street address for Carlos De La Pena, Jon Zhong and Jason (last name unknown) OR to verify that these individuals are still employed at the locations identified in Plaintiff's Rule 26(a)(1)(A) disclosures. See Rule 26(a)(1)(A)("a party must... provide... the name and, if known, the address and telephone number of each individual likely to have discoverable information..."). Plaintiff MUST identify a last name for Jason (last name unknown) by 9/24/14. If not, this witness shall be stricken as a witness at trial. Any motion regarding the bifurcation of Monell discovery from individual liability discovery should be filed with the Magistrate Judge. Fact discovery closes on 1/2/15. Status is set for 12/18/14 at 9:00 AM. Mailed notice (gel, ) (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

PACER
52

MOTION by Defendant City of Chicago to bifurcate (Attachments: # 1 Exhibit A)(Marx, Jason) (Entered: 09/16/2014)

1 Exhibit A

View on PACER

Sept. 16, 2014

Sept. 16, 2014

PACER
53

NOTICE of Motion by Jason Michael Marx for presentment of motion to bifurcate 52 before Honorable Mary M. Rowland on 9/23/2014 at 09:15 AM. (Marx, Jason) (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

PACER
54

MINUTE entry before the Honorable Mary M. Rowland:Motion hearing held. Defendant City of Chicago's Motion to Bifurcate Section 1983 Claims and Stay discovery and trial on those claims 52 is GRANTED. There is no need for counsel for the City to attend further Magistrate Judge status hearings. Status set for 12/18/14 at 9:00 AM to stand.Mailed notice (gel, ) (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

PACER
55

ATTORNEY Appearance for Defendant Jorge L Lopez by Jason Michael Marx (Marx, Jason) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

PACER
56

MOTION by Plaintiff Angel Perez to Amended Complaint. (Attachments: # 1 Amended Complaint)(as, ) (Entered: 10/21/2014)

1 Amended Complaint

View on PACER

Oct. 17, 2014

Oct. 17, 2014

PACER
57

NOTICE of Motion by Angel Perez for presentment of motion to Amended Complaint 56 before Honorable Mary M. Rowland on 10/21/2014 at 09:15 AM. (as, ) (Entered: 10/21/2014)

Oct. 17, 2014

Oct. 17, 2014

PACER
58

NOTICE of Correction regarding 57 . (as, ) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

PACER
59

MINUTE entry before the Honorable Mary M. Rowland:Motion hearing set for 10/21/2014 is stricken. Plaintiff is directed to re-notice the motion before Judge Dow. Mailed notice (gel, ) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

PACER
60

MOTION by Plaintiff Angel Perez to compel document production and sanction. (as, ) (Entered: 10/28/2014)

Oct. 27, 2014

Oct. 27, 2014

RECAP
61

NOTICE of Motion by Angel Perez for presentment of compel document production and sanction 60 before Honorable Mary M. Rowland on 11/6/2014 at 09:15 AM. (as, ) (Entered: 10/28/2014)

Oct. 27, 2014

Oct. 27, 2014

PACER
62

MOTION by Plaintiff Angel Perez to amend complaint. (as, ) (Entered: 10/28/2014)

Oct. 27, 2014

Oct. 27, 2014

PACER
63

RE-NOTICE of Motion by Angel Perez for presentment to amend complaint 62 before Honorable Robert M. Dow Jr. on 11/4/2014 at 09:15 AM. (as, ) (Entered: 10/28/2014)

Oct. 27, 2014

Oct. 27, 2014

PACER
64

MINUTE entry before the Honorable Mary M. Rowland: Motion Hearing previously set for 11/6/2014 regarding motion to compel 60 is reset for 11/7/2014 at 09:15 AM.Mailed notice (gel, ) (Entered: 10/29/2014)

Oct. 29, 2014

Oct. 29, 2014

PACER
65

MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiffs motion to amend complaint [56 and 62] are granted. Plaintiff is directed to file an amended complaint for the limited purpose of naming additional defendants within fourteen days of the date of this order. Notice of motion date of 11/4/2014 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

PACER
66

MINUTE entry before the Honorable Mary M. Rowland:Motion hearing held on 11/7/2014. Plaintiff's Motion to compel 60 is denied as stated in open court. Defendant is ordered to produce CR files for all named Defendants. Status hearing previously set for 12/18/2014 is reset for 1/21/2015 at 09:00 AM.Mailed notice (gel, ) (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

PACER
67

AMENDED complaint by Angel Perez against Herbert Betancourt, City of Chicago, Matthew Cline, John Dolan, Jorge L Lopez, Joseph Wagner, Edmund Zablocki. (Attachments: # 1 Notice of Filing) (as, ) (Entered: 11/13/2014)

1 Notice of Filing

View on PACER

Nov. 10, 2014

Nov. 10, 2014

RECAP
68

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Marx, Jason) (Entered: 11/19/2014)

Nov. 19, 2014

Nov. 19, 2014

PACER
69

NOTICE of Motion by Jason Michael Marx for presentment of Motion to Dismiss for Failure to State a Claim 68 before Honorable Robert M. Dow Jr. on 11/25/2014 at 09:15 AM. (Marx, Jason) (Entered: 11/19/2014)

Nov. 19, 2014

Nov. 19, 2014

PACER
70

MINUTE entry before the Honorable Robert M. Dow, Jr: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 68 is withdrawn without prejudice. As discussed on the record, Plaintiff is given until 12/3/2014 in which to file a revised amended complaint. Mailed notice (tbk, ) (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

PACER
71

MOTION by counsel for Defendant City of Chicago to withdraw as attorney Robin Shoffner (Shoffner, Robin) (Entered: 11/30/2014)

Nov. 30, 2014

Nov. 30, 2014

PACER
72

NOTICE of Motion by Robin Denise Shoffner for presentment of motion to withdraw as attorney 71 before Honorable Robert M. Dow Jr. on 12/4/2014 at 09:15 AM. (Shoffner, Robin) (Entered: 11/30/2014)

Nov. 30, 2014

Nov. 30, 2014

PACER
73

MINUTE entry before the Honorable Robert M. Dow, Jr: Motion to withdraw the appearance of Robert Shoffner as counsel for Defendant City of Chicago 71 is granted. Notice of Motion date of 12/4/2014 is stricken and no appearances are necessary on that date. Mailed notice (tbk, ) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

PACER
74

REVISED Amended complaint by Angel Perez against all Defendants; Notice.(as, ) (Entered: 12/04/2014)

Dec. 3, 2014

Dec. 3, 2014

PACER
75

ANSWER to amended complaint by Herbert Betancourt, City of Chicago, Matthew Cline, John Dolan, Jorge L Lopez, Joseph Wagner, Edmund Zablocki(Doi, Kathryn) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
76

MOTION by Defendants John Dolan, City of Chicago, Edmund Zablocki, Jorge L Lopez, Herbert Betancourt, Matthew Cline, Joseph Wagner to dismiss Count VII of Plaintiff's Revised Amended Complaint (Doi, Kathryn) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

RECAP
77

NOTICE of Motion by Kathryn M. Doi for presentment of motion to dismiss 76 before Honorable Robert M. Dow Jr. on 1/6/2015 at 09:15 AM. (Doi, Kathryn) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
78

NOTICE of Motion by Kathryn M. Doi for presentment of motion to dismiss 76 before Honorable Robert M. Dow Jr. on 1/6/2015 at 09:15 AM. (Doi, Kathryn) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

PACER
79

MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held. The plaintiff submitted to the Court and to the counsel for the defendants, his response to the defendants' motion to dismiss Count VII of plaintiff's revised amended complaint 76 . The plaintiff's response was filed this morning with the Clerk's Office. The defendants may reply by 1/20/2015. The Court will rule by mail and set the case for further status hearing at that time. Mailed notice (cdh, ) (Entered: 01/06/2015)

Jan. 6, 2015

Jan. 6, 2015

PACER
80

RESPONSE by Angel Perez to MOTION by Defendants motion to dismiss Count VII of Plaintiff's Revised Amended Complaint 76 . (as, ) (Entered: 01/08/2015)

Jan. 6, 2015

Jan. 6, 2015

PACER
81

DOCUMENT ENTERED IN ERROR. (meg, ) (Main Document 81 replaced on 1/22/2015) (meg, ). Modified on 1/22/2015 (meg, ). (Entered: 01/21/2015)

Jan. 21, 2015

Jan. 21, 2015

PACER
82

REPLY by Herbert Betancourt, City of Chicago, Matthew Cline, John Dolan, Jorge L Lopez, Joseph Wagner, Edmund Zablocki to response to motion 80 (Doi, Kathryn) (Entered: 01/21/2015)

Jan. 21, 2015

Jan. 21, 2015

PACER
83

NOTICE by Herbert Betancourt, City of Chicago, Matthew Cline, John Dolan, Jorge L Lopez, Joseph Wagner, Edmund Zablocki re reply to response to motion 82 (Doi, Kathryn) (Entered: 01/21/2015)

Jan. 21, 2015

Jan. 21, 2015

PACER
84

MINUTE entry before the Honorable Mary M. Rowland: Docket entry number 81 dated 1/21/15 is stricken. Status hearing held on 1/21/15 and continued to 3/18/15 at 9:00 AM. Parties' written discovery shall issue before that date. Parties shall submit a joint proposed order regarding the treating physician's production of records to the court's proposed order inbox by 1/26/15. Mailed notice (meg, ) (Entered: 01/22/2015)

Jan. 22, 2015

Jan. 22, 2015

PACER
85

MINUTE entry before the Honorable Mary M. Rowland: The Court, having reviewed the 1/21/2015 status hearing and the parties' agreed proposed order to enforce a subpoena issued by Defendant to nonparty Fe Velasco, M.D., finds that (1) Dr. Velasco has objected to producing certain documents; and (2) proper notice has not been given to Dr. Velasco seeking compliance with the subpoena. Fed. R. Civ. P. 45(d)(2)(B)(i) (If an objection is made by the commanded person, "on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection."). Should Defendant wish to enforce the subpoena to Dr. Velasco, it should file a motion to compel, set it for hearing, and give proper notice to Dr. Velasco. Mailed notice (meg, ) (Entered: 01/23/2015)

Jan. 23, 2015

Jan. 23, 2015

RECAP
86

NOTICE by Kathryn M. Doi of Change of Address (Doi, Kathryn) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

PACER
87

MOTION by Plaintiff Angel Perez to compel and sanction defendant City of Chicago et al. (gcy, ) (Entered: 03/03/2015)

March 2, 2015

March 2, 2015

PACER
88

NOTICE of Motion to Compel and Sanction by Angel Perez. (gcy, ) (Entered: 03/03/2015)

March 2, 2015

March 2, 2015

PACER
89

ATTORNEY Appearance for Defendants Herbert Betancourt, City of Chicago, Matthew Cline, John Dolan, Jorge L Lopez, Joseph Wagner, Edmund Zablocki by Lindsay Erin Wilson Gowin (Wilson Gowin, Lindsay) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER
90

MOTION by Plaintiff Angel Perez for leave to file ATTORNEYS' APPEARANCES (Kamin, Scott) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

RECAP
91

NOTICE of Motion by Scott T. Kamin for presentment of motion for leave to file 90 before Honorable Mary M. Rowland on 3/18/2015 at 09:15 AM. (Kamin, Scott) (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

PACER
92

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Motion for attorney Scott T. Kamin to appear on behalf of defendant 90 is granted. Motion to Compel 87 is withdrawn. Plaintiff is granted leave to file supplemental written discovery. Status hearing set for 5/20/15 at 9:00 AM. The Court would like to set a close of fact discovery at that time. Mailed notice (mb, ) (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

PACER
93

ATTORNEY Appearance for Plaintiff Angel Perez by Scott T. Kamin (Kamin, Scott) (Entered: 03/24/2015)

March 24, 2015

March 24, 2015

PACER
94

ATTORNEY Appearance for Plaintiff Angel Perez by Phillip Aaron Brigham (Brigham, Phillip) (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

PACER
95

ATTORNEY Appearance for Plaintiff Angel Perez by Jason R. Epstein (Epstein, Jason) (Entered: 03/30/2015)

March 30, 2015

March 30, 2015

PACER
96

MOTION by Plaintiff Angel Perez for leave to file 2nd Amended Complaint (Attachments: # 1 Exhibit 2 nd Amended Complaint)(Kamin, Scott) (Entered: 03/31/2015)

1 Exhibit 2 nd Amended Complaint

View on PACER

March 31, 2015

March 31, 2015

PACER
97

NOTICE of Motion by Scott T. Kamin for presentment of motion for leave to file 96 before Honorable Robert M. Dow Jr. on 4/7/2015 at 09:15 AM. (Kamin, Scott) (Entered: 03/31/2015)

March 31, 2015

March 31, 2015

RECAP
98

ATTORNEY Appearance for Plaintiff Angel Perez by Daniel A. Edelman (Edelman, Daniel) (Entered: 04/06/2015)

April 6, 2015

April 6, 2015

RECAP
99

ATTORNEY Appearance for Plaintiff Angel Perez by Cassandra P. Miller (Miller, Cassandra) (Entered: 04/06/2015)

April 6, 2015

April 6, 2015

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 20, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals who had been secretly detained by the Chicago Police Department at the police warehouse at Homan Square

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of Chicago, City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Conditions of confinement

Confinement/isolation

Excessive force

False arrest

Over/Unlawful Detention

Pattern or Practice

Torture