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

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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 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. On July 16, 2020, one of the individual plaintiffs and defendants agreed to end settlement talks because of their “widely disparate views as to the settlement value of [the] case.” The other two plaintiffs continued in settlement talks, and on August 13, 2020, they reached a settlement with the city subject to review by counsel for the plaintiffs, which is ongoing.

The case was reassigned to Judge Franklin U. Valderrama on October 11, 2022, because Judge Dow was appointed Counselor to the Chief Justice of the United States.

On December 2, 2022, the remaining plaintiff filed a motion for leave to amend his complaint, and the city filed a response in opposition to the motion on December 23, 2022. The court granted the plaintiff leave to amend his complaint, which the plaintiff filed on June 9, 2023.

As of December 22, 2023, the court has granted the defendants multiple extensions for filing their motion for summary judgment and this case remains ongoing.

	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	Dec. 27, 2019	Dec. 27, 2019 Order/Opinion 2019 WL 2019
432 1:13-cv-04531	Memorandum Opinion and Order	May 20, 2022	May 20, 2022 Order/Opinion 2022 WL 2022

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 Clearinghouse
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

Case: Perez v. City of Chicago

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

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