Case: Rodriguez v. City of Highland Park

1:01-cv-04486 | U.S. District Court for the Northern District of Illinois

Filed Date: June 14, 2001

Closed Date: 2003

Clearinghouse coding complete

Case Summary

A Mexican citizen brought this complaint against the City of Highland Park, its mayor, the city manager, the chief of police and the police commander on June 14, 2001 in the U.S. District Court for the Northern District of Illinois. According to the plaintiff, an officer sprayed him directly in the face with pepper spray while he was detained in jail and caused him immense pain. The plaintiff argued the officer’s actions were catalyzed by racial discrimination because the plaintiff was not whit…

A Mexican citizen brought this complaint against the City of Highland Park, its mayor, the city manager, the chief of police and the police commander on June 14, 2001 in the U.S. District Court for the Northern District of Illinois. According to the plaintiff, an officer sprayed him directly in the face with pepper spray while he was detained in jail and caused him immense pain. The plaintiff argued the officer’s actions were catalyzed by racial discrimination because the plaintiff was not white. He placed this specific officer’s actions within an alleged policy of discrimination that the police chief promoted. In particular, the plaintiff claimed that the department followed a de facto policy called the “NUT Ordinance,” or “N— Up Town Ordinance,” which referred to the Chicago police tactic of limiting minorities in the traditionally white part of Chicago. The plaintiff, represented by private counsel, brought this § 1983 action claiming violations of his Eighth Amendment and Fourteenth Amendment rights. The plaintiff sought declaratory relief and $3,000,000 in damages.

Several months later, the defendants filed a motion to dismiss. They argued that the plaintiff failed to state a claim of a policy of discrimination. On January 23, 2002, Judge William J. Hibbler denied the motion to dismiss in part. Taking the allegations by the plaintiff to be true, the court found the possibility of a Monell claim, a case that allows a plaintiff to sue a city under §1983. However, Judge Hibbler granted dismissal of the plaintiff’s Eighth Amendment claim because the Eighth Amendment does not extend protection to pretrial detainees. Judge Hibbler denied the plaintiff’s motion to reconsider or certify appeal of the order.

As the case progressed into discovery, the defendants filed another motion to dismiss, this time claiming that the plaintiff had obstructed justice. During discovery, the defendants unveiled that the plaintiff had filed the complaint under a false name. They also called for sanctions against the plaintiff’s attorney because he knew of his client’s false name when the complaint was filed. The court denied the motion to dismiss on November 12, 2002, claiming the issue of fraud against the court was narrow and the defendants were not prejudiced by the new information.

Following the second failed attempt to dismiss the case, the parties began settlement talks. On April 16, 2003, they reported to the court that the parties had reached a settlement. The settlement agreement terms were not publicly available at the time of this writing. The court dismissed the case with prejudice with leave to reopen the case on or by May 16, 2003.

On May 3, 2003, the plaintiff filed a motion to reopen the case. The plaintiff stated that he could not explain the facts of the case, and he did not explain the defendant’s violation of the settlement agreement in his motion. The plaintiff requested that the court court compel the defendants to comply with the settlement agreement within three days or grant the plaintiff damages. The court denied the motion to reinstate the case, but extended the leave to reopen until June 17, 2003. The plaintiff filed twice more to extend the leave. The court granted each motion, extending the final leave until October 13, 2003. The plaintiff stopped filing motions to reinstate the case in June of 2003 and the case has been closed since October 2003.

Summary Authors

Amanda Stephens (2/7/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5250064/parties/rodriguez-v-highland-pk-cty-of/


Judge(s)

Hibbler, William J. (Illinois)

St. Eve, Amy Joan (Illinois)

Attorneys(s) for Plaintiff

Berk, Peter Lawrence (Minnesota)

Morgan, Keevan David (Illinois)

Attorneys(s) for Defendant

Argionis, James Gregory (Illinois)

Carriglio, Jack J (Illinois)

Elrod, Steven M. (Illinois)

Katz, Naomi Felicia (Illinois)

Murphey, John B (Illinois)

Regenstein, Elliot M (Illinois)

Judge(s)

Hibbler, William J. (Illinois)

St. Eve, Amy Joan (Illinois)

Attorneys(s) for Plaintiff

Berk, Peter Lawrence (Minnesota)

Morgan, Keevan David (Illinois)

Attorneys(s) for Defendant

Argionis, James Gregory (Illinois)

Carriglio, Jack J (Illinois)

Elrod, Steven M. (Illinois)

Katz, Naomi Felicia (Illinois)

Murphey, John B (Illinois)

Regenstein, Elliot M (Illinois)

Stang, Mark A (Illinois)

Volin, Michael Lawrence (Illinois)

Documents in the Clearinghouse

Document

Docket

July 3, 2003 Docket
1

Complaint

June 14, 2001 Complaint
25

Minute Order

Jan. 23, 2002 Order/Opinion
64

Memorandum Opinion and Order

2002 WL 31557628

Nov. 15, 2002 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5250064/rodriguez-v-highland-pk-cty-of/

Last updated May 20, 2022, 4:20 a.m.

ECF Number Description Date Link
1

COMPLAINT; jury demand − Civil cover sheet − Appearance(s) of Keevan David Morgan as attorney(s) for plaintiff ( no summons(es) issued.) ( Documents: (1−1 through 1−3)). (yp) (Entered: 06/15/2001)

June 14, 2001
64

MINUTE ORDER of 11/14/02 by Hon. Amy J. St. Eve: Defendants City of Highland Park, Daniel Pierce, David Limardi and Daniel J. Dahlberg have moved to dismiss plaintiff Lorenzo Rodriguez's complaint because of his alleged fraud on the Court. Defendant' motion to dismiss complaint due to plaintiff's fraud on the court is denied [50-1]. Entered Memorandum Opinion and Order. Mailed notice (rmm)

Nov. 14, 2002 RECAP

RECEIPT regarding payment of filing fee paid; on 6/14/01 in the amount of $ 150.00, receipt # 10310343. (yp) (Entered: 06/15/2001)

June 14, 2001
2

ATTORNEY APPEARANCE for defendants Daniel Pierce, Daniel J Dahlberg by Mark Allen Stang, Naomi Felicia Katz. (yp) Modified on 08/01/2001 (Entered: 08/01/2001)

July 31, 2001
4

RULE 6(b)MOTION by defendants Daniel Pierce and Daniel J Dahlberg for enlargement of time in which they must answer or otherwise plead to the complaint ; Notice (yap) (Entered: 08/23/2001)

July 31, 2001
3

RETURN OF SERVICE unexecuted as to defendants David Limardi, City of Highland Park, executed as to Daniel Pierce, Daniel J Dahlberg on 7/11/01, defendants Jerry Cameron, City of Highland Park on 7/12/01 (3−1 through 3−6). (yp) (Entered: 08/13/2001)

Aug. 10, 2001
5

MINUTE ORDER of 8/20/01 by Hon. William J. Hibbler : Status hearing set to 9/27/01 at 9:15 a.m. Defendant Pierce's and Dahlberg's Rule 6(b) motion for enlargement of time until 9/27/01 to answer or otherwise plead to the complaint [4−1] is granted. Mailed notice (yap) (Entered: 08/23/2001)

Aug. 20, 2001
7

MINUTE ORDER of 9/27/01 by Hon. William J. Hibbler : Status hearing held and continued to 10/15/01 at 9:15 a.m. Plaintiff's counsel is to appear at status hearing set for 10/15/01 at 9:15 a.m. Mailed notice (yp) (Entered: 10/01/2001)

Sept. 27, 2001

SCHEDULE set on 10/15/01 by Hon. William J. Hibbler : Status hearing held and continued to 9:15 10/30/01 . Mailed notice (jdh) (Entered: 10/15/2001)

Oct. 15, 2001

ALIAS SUMMONS issued, one original and one copy as to defendant Highland Pk, Cty of. (lc) (Entered: 10/25/2001)

Oct. 23, 2001
8

RETURN OF SERVICE executed as to defendants David Limardi on 9/5/01, City of Highland Park on 7/12/01, Daniel Pierce on 7/11/01, Jerry Cameron on 7/12/01, City of Highland Park 10/24/01 (8−1 through 8−5). (yp) (Entered: 10/30/2001)

Oct. 25, 2001
9

MOTION by plaintiff for finding of proper service , and/or for extension of time to effectuate service (Attachments); Notice. (yp) (Entered: 11/08/2001)

Oct. 25, 2001
10

MINUTE ORDER of 10/25/01 by Hon. William J. Hibbler : Status hearing held and continued to 12/4/01 at 9:15 a.m. Defendants given until 11/21/01 to respond to the complaint. Plaintiff's motion for finding of proper service [9−1] and/or for extension of time to effectuate service [9−2] is stricken as moot. Mailed notice (yp) (Entered: 11/08/2001)

Oct. 25, 2001
11

NOTICE of change of address by Jack J. Carriglio attorney for defendant Jerry Cameron. (yp) (Entered: 11/16/2001)

Nov. 15, 2001

NOTICE of change of address by Jack J. Carriglio attorney for defendant Jerry Cameron (Original in 97cv5131). (yp) Modified on 11/20/2001 (Entered: 11/20/2001)

Nov. 15, 2001
12

MOTION by defendant Jerry Cameron to enlarge time to answer or otherwise plead to plaintiff's complaint ; Notice. (yp) (Entered: 11/27/2001)

Nov. 19, 2001
18

MOTION by defendants City of Highland Park, Daniel Pierce, David Limardi, Daniel J Dahlberg to dismiss the complaint ; Notice. (yp) (Entered: 12/06/2001)

Nov. 21, 2001
13

MINUTE ORDER of 11/26/01 by Hon. William J. Hibbler : Defendant Jerry Cameron's motion to enlarge time until 12/3/01 to answer or otherwise plead to plaintiff's complaint is granted [12−1]. Status hearing date of 12/4/01 at 9:15 a.m. to stand. Mailed notice (yp) (Entered: 11/27/2001)

Nov. 26, 2001
14

MEMORANDUM by defendants Highland Pk, Cty of, Daniel Pierce, David Limardi, Daniel J Dahlberg in support of Rule 12(b)(6) motion to dismiss of City of Highland Park, Daniel Pierce, David Limardi, and Daniel J. Dahlberg. (yp) (Entered: 11/27/2001)

Nov. 26, 2001
15

ATTORNEY APPEARANCE for defendants Highland Pk, Cty of, Daniel Pierce, David Limardi, Daniel J Dahlberg by Mark Allen Stang, Michael Laurence Volin, Steven M. Elrod. (yp) (Entered: 11/29/2001)

Nov. 28, 2001
19

MOTION by plaintiff to compel Federal Rule of Civil Procedure Rule 26(F) discovery conference ; Notice. (yp) (Entered: 12/06/2001)

Nov. 30, 2001
16

ATTORNEY APPEARANCE for defendant Jerry Cameron by James Gregory Argionis. (yp) (Entered: 12/04/2001)

Dec. 3, 2001
17

MOTION by defendant Jerry Cameron to dismiss complaint ; Memorandum in support; Notice. (yp) (Entered: 12/04/2001)

Dec. 3, 2001
20

MINUTE ORDER of 12/4/01 by Hon. William J. Hibbler : Plaintiff's motion to compel Federal Rule of Civil Procedure Rule 26(f) conference by 12/26/01 is granted [19−1]. Defendants motions to dismiss the complaint [18−1], [17−1] are taken under advisement. Plaintiff to respond by 1/02/02. Defendants to reply by 1/16/02. Ruling by mail. Status hearing held and continued to 2/19/02 at 9:15 a.m. Mailed notice (yp) (Entered: 12/06/2001)

Dec. 4, 2001
21

OBJECTIONS by plaintiff to Highland Park's motion to dismiss [18−1]; Notice. (yp) (Entered: 01/03/2002)

Jan. 2, 2002
23

REPLY BRIEF by defendant Jerry Cameron in support of his Rule 12(b)(6) motion to dismiss [17−1]; Notice. (yp) (Entered: 01/18/2002)

Jan. 16, 2002
24

REPLY MEMORANDUM by defendant in support of Rule 12(b)(6) motion to dismiss [18−1] of City of Highland Park, Daniel Pierce, David Limardi, and Daniel J. Dahlberg. (yp) (Entered: 01/22/2002)

Jan. 16, 2002
25

MINUTE ORDER of 1/23/02 by Hon. William J. Hibbler : The defendants' motion to dismiss complaint [17−1], [18−1] are denied, except that to the extent plaintiff alleges a violation of his Eighth Amendment rights, any such claim is dismissed with prejudice. (See reverse of minute order.) Mailed notice (yp) (Entered: 01/24/2002)

Jan. 23, 2002
26

ANSWER by defendants [1−1]. (yp) (Entered: 02/07/2002)

Feb. 6, 2002
27

MOTION by defendant Jerry Cameron to reconsider this court's 1/23/02 order , or alternatively to certify for appeal ; Memorandum of law in support (Attachment); NOtice. (yp) (Entered: 02/13/2002)

Feb. 7, 2002
28

MOTION by defendant Jerry Cameron to extend time for his answer to plaintiff's complaint . (yp) (Entered: 02/13/2002)

Feb. 7, 2002
29

JOINDER IN CO−DEFENDANT CAMERON'S MOTION by defendant City of Highland Pk to reconsider, and motion for conditional withdrawal of official defendants' answer (Attachments); Notice. (yp) (Entered: 02/13/2002)

Feb. 8, 2002
30

MINUTE ORDER of 2/12/02 by Hon. William J. Hibbler : Defendant's motion to reconsider this court's 1/23/02 order [27−1] or alternatively, to certify for appeal [27−2] is denied for the reasons stated in open court. Official defendants' joinder in co−defendant Cameron's motion to reconsider, and motion for conditional withdrawal of official defendants' answer is moot [29−1]. Defendant Jerry Cameron's motion to extend time until 2/19/02 for his answer to plaintiff's complaint [28−1]. Status hearing is reset to 3/7/02 at 9:15 a.m. to set the discovery schedule. Mailed notice (yp) (Entered: 02/13/2002)

Feb. 12, 2002
31

ANSWER by defendant Jerry Cameron to plaintiff's complaint for violations of Civil Rights and other relief [1−1]; Notice. (yp) (Entered: 02/20/2002)

Feb. 19, 2002
32

AMENDED ANSWER by defendant's Highland Pk, Cty of, Daniel Pierce, David Limardi, Daniel J Dahlberg to complaint. [1−1] (hmb) (Entered: 02/22/2002)

Feb. 20, 2002

SCHEDULE set on 3/7/02 by Hon. William J. Hibbler : Status hearing held and continued to 9:15 5/2/02 . No notice (tbk) (Entered: 03/07/2002)

March 7, 2002
34

MOTION by plaintiff to strike affirmative defenses ; Memorandum in support; Notice. (yp) (Entered: 03/25/2002)

March 13, 2002
35

MOTION by defendants City of Highland Pk, Daniel Pierce, David Limardi, Daniel J. Dahlberg to strike plaintiff's motion to strike ; Notice. (yp) (Entered: 03/25/2002)

March 18, 2002
33

OBJECTIONS by plaintiff to City defendants' motion to strike; Notice. (yp) (Entered: 03/20/2002)

March 19, 2002
36

MOTION by defendants City of Highland Pk, Daniel Pierce, David Limardi, Daniel J. Dahlberg to extend time to respond to plaintiff's first requests to admit ; Notice. (yp) (Entered: 03/25/2002)

March 20, 2002
37

MINUTE ORDER of 3/21/02 by Hon. William J. Hibbler : Defendants' joint motion to extend time to respond to plaintiff's first requests to admit is granted [36−1] to and including 3/28/02. Plaintiff's motion to strike affirmative defenses is denied [34−1]. Defendants' motion to strike is denied [35−1]. No notice (yp) (Entered: 03/25/2002)

March 21, 2002
38

MOTION by plaintiff to compel discovery (Attachments); Notice (ar) (Entered: 04/23/2002)

April 15, 2002
39

MOTION by defendants City of Highland Park, Daniel Pierce, David Limardi, Daniel J Dahlberg and Jerry Cameron to stay discovery (Attachment); Notice (ar) Modified on 04/23/2002 (Entered: 04/23/2002)

April 15, 2002

SCHEDULE set on 5/1/02 by Hon. William J. Hibbler : Status hearing reset to 9:15 5/8/02 . Mailed notice (jdh) (Entered: 05/01/2002)

May 1, 2002
41

MOTION by plaintiff for rule to show cause (Attachments); Notice. (air) (Entered: 07/12/2002)

June 24, 2002
42

MINUTE ORDER of 7/2/02 by Hon. William J. Hibbler: Plaintiff's motion for rule to show cause [41−1] continued to 9:15 a.m. on 7/15/02. No notice (air) (Entered: 07/12/2002)

July 2, 2002
43

MINUTE ORDER of 7/15/02 by Hon. William J. Hibbler: Status hearing set for 10/09/02 at 9:15 a.m. Plaintiff's motion for rule to show cause [41−1], is denied as stated in open court. Mailed notice (cdy) (Entered: 07/16/2002)

July 15, 2002
44

ATTORNEY APPEARANCE for plaintiff by Peter Lawrence Berk. (yp) (Entered: 08/20/2002)

Aug. 19, 2002

EXECUTIVE committee order of 8/30/02 This case is reassigned to the Hon. Amy St. Eve from the Hon. William J. Hibbler pursuant to the mass reassignment order. Mailed notice. (las) (Entered: 09/04/2002)

Aug. 30, 2002
45

MINUTE ORDER of 9/13/02 by Hon. Amy J. St. Eve : Status hearing set for 11:00 a.m. on 10/01/02. Enter Initial Status Order. (Entered Order Setting Status Report for Cases Newly Assigned to Judge St. Eve.) Mailed notice by judge's staff (jmp) (Entered: 09/16/2002)

Sept. 13, 2002
46

APPENDIX filed by defendant to defendants' motion to dismiss complaint due to plaintiff's fraud on the court. (yp) (Entered: 09/27/2002)

Sept. 26, 2002
50

MOTION by defendant to dismiss complaint due to plaintiff's fraud on the court ; Notice. (yp) (Entered: 10/02/2002)

Sept. 26, 2002
47

ATTORNEY APPEARANCE for defendants City of Highland Prk, Daniel Pierce, David Limardi, Daniel J. Dahlberg by Elliot Michael Regenstein. (yp) (Entered: 09/30/2002)

Sept. 27, 2002
48

STATUS REPORT by defendants; Notice. (yp) (Entered: 09/30/2002)

Sept. 27, 2002
49

STATUS REPORT by plaintiff; Notice. (yp) (Entered: 10/01/2002)

Sept. 30, 2002
51

MINUTE ORDER of 10/1/02 by Hon. Amy J. St. Eve : Defendant's oral motion for leave to file supplement to the motion to dismiss is granted, and the supplement is to be filed by 10/4/02. Plaintiff's response to be file dby 10/18/02 [50−1]. Defendant's reply to be filed by 10/25/02. Oral motion of Thomas Durkin for leave to file additional appearance on behalf of plaintiff is granted. Discovery is stayed until 10/29/02. Status hearing held and continued to 10/29/02 at 9:00 a.m. Mailed notice (yp) (Entered: 10/02/2002)

Oct. 1, 2002
52

MEMORANDUM by defendants Highland Pk, Cty of, Daniel Pierce, David Limardi, Daniel J Dahlberg in support of defendants' motion to dismiss complaint due to plaintiff's fraud on the court [50−1] (Attachments). (yp) (Entered: 10/07/2002)

Oct. 4, 2002
53

OBJECTIONS by plaintiff to defendants' motion to dismiss [50−1]; Notice. (yp) (Entered: 10/21/2002)

Oct. 18, 2002
54

NOTICE by plaintiff of filing regarding exhibits to the plaintiff's objection to defendants' motion to dismiss [53−1]. (yp) (Entered: 10/22/2002)

Oct. 21, 2002
55

NOTICE by plaintiff of filing regarding referenced material to the plaintiff's objection to defendants' motion to dismiss [53−1] (Attachments). (yp) (Entered: 10/22/2002)

Oct. 21, 2002
57

MOTION by defendants Highland Pk, Cty of, Daniel Pierce, David Limardi, Daniel J Dahlberg to strike plaintiffs' response to defendants' motion to dismiss ; Notice. (yp) (Entered: 10/25/2002)

Oct. 21, 2002
58

MINUTE ORDER of 10/24/02 by Hon. Amy J. St. Eve : Defendants' motion to strike plaintiffs' response to defendants' motion to dismiss is granted [57−1]. Defendant Cameron's oral motion for leave to adopt defendants' motion to dismiss filed on 9/26/02 is granted. Plaintiff to file a response to the motion to dismiss [50−1], within the 15 page limit pursuant to the rules, by 10/31/02. Defendants to reply by 11/7/02. Status hearing set for 10/29/02 is stricken and re−set to 11/14/02 at 9:00 a.m. Discovery is stayed pending ruling on the motion on the motion to dismiss. Mailed notice (yp) (Entered: 10/25/2002)

Oct. 24, 2002
59

AMENDED OBJECTION by plaintiff to defendant's motion to dismiss [53−1]; Affidavit of Keevan D. Morgan (Attachment); Notice. (yp) (Entered: 11/01/2002)

Oct. 31, 2002
60

REPLY brief by defendant Jerry Cameron in support of defendants' motion to dismiss complaint due to plaintiff's fraud on the court [50−1]; Notice. (jmp) (Entered: 11/08/2002)

Nov. 7, 2002
61

REPLY memorandum by defendants Highland Pk, Cty of, Daniel Pierce, David Limardi, Daniel J Dahlberg's motion to dismiss complaint due to plaintiff's fraud on the court [50−1] (Attachments). (jmp) (Entered: 11/08/2002)

Nov. 7, 2002
62

MOTION by plaintiff to file exhibit (Attachments); Notice and certificate of service (rmm) (Entered: 11/15/2002)

Nov. 8, 2002
63

MINUTE ORDER of 11/14/02 by Hon. Amy J. St. Eve : Status hearing held and continued to 9:00 1/23/03. Plaintiff's motion to file exhibit is denied as moot [62−1]. Defendant's oral motion for plaintiff to amend the caption on the complaint is granted. Parties are to meet pursuant to Rule 26(f) and exhaust all settlement possibilities prior to the next status hearing. Fact discovery to be completed by 1/24/03. Dispositive motions to be filed 2/21/03. Responses to be filed by 3/14/03. Replies to be filed 3/28/03. Mailed notice (rmm) (Entered: 11/15/2002)

Nov. 14, 2002
65

TRANSCRIPT of proceedings for the following date(s): 10/24/02 before The Honorable Amy J. St. Eve. (lc) (Entered: 11/19/2002)

Nov. 18, 2002
66

TRANSCRIPT of proceedings for the following date(s): 11/14/02 Before Honorable Amy J. St. Eve. (vmj) (Entered: 12/13/2002)

Dec. 12, 2002
68

SECOND STATUS REPORT by plaintiff; Notice (yap) (Entered: 01/23/2003)

Jan. 21, 2003
67

EXPEDITED REFERRAL ORDER: Case referred to Hon. Nan R. Nolan for settlement conference Mailed notice. (tmh) (Entered: 01/23/2003)

Jan. 23, 2003
69

MINUTE ORDER of 1/23/03 by Hon. Amy J. St. Eve : Status hearing held and continued to 9:00 a.m. on 04/08/03. Plaintiff to disclose experts and submit reports pursuant to Rule 26 by 02/14/03. Plaintiff's expert to be deposed by 03/14/03. Dispositive motions to be filed by 03/28/03 and should be noticed. This matter is referred to Magistrate Judge Nolan to conduct a settlement conference. Mailed notice (jmp) (Entered: 01/24/2003)

Jan. 23, 2003

SCHEDULE set on 1/28/03 by Hon. Nan R. Nolan : Status hearing set to 9:00 a.m. on 2/12/03 before Magistrate Judge Nolan in courtroom 1858. Parties shall deliver a copy of an initial status report to chambers, room 1870, at least three business days before the initial status hearing. If the parties have recently prepared and filed an initial status report, the submission of the previously filed initial status report is sufficient. For further details see attached standing order. Mailed notice (fce) (Entered: 01/28/2003)

Jan. 28, 2003

SCHEDULE set on 1/29/03 by Hon. Nan R. Nolan : Status hearing stricken. Settlement conference set for 1:30 2/12/03. Parties are reminded that Magistrate Judge Nolan requires compliance with her Standing Order Setting Settlement Conference, which is available on the court's website at www.ilnd.uscourts.gov. Mailed notice (fce) (Entered: 01/29/2003)

Jan. 29, 2003
70

MOTION by defendant Highland Pk, Cty of for leave to file additional appearance of John B. Murphey ; Notice. (hmb) (Entered: 02/04/2003)

Jan. 30, 2003
71

MINUTE ORDER of 2/3/03 by Hon. Amy J. St. Eve : Defendant City of Highland Park's motion for leave to file additional appearance of John B. Murphey and Rosenthal, Murphey & Coblentz is granted [70−1]. Mailed notice (hmb) (Entered: 02/04/2003)

Feb. 3, 2003

SCHEDULE set on 2/5/03 by Hon. Nan R. Nolan : Settlement conference set for 1:30 2/13/03 . Mailed notice (fce) (Entered: 02/05/2003)

Feb. 5, 2003
73

ATTORNEY APPEARANCE for defendant City of Highland Park of by John B. Murphey (hp) (Entered: 02/18/2003)

Feb. 13, 2003
72

MINUTE ORDER of 2/14/03 by Hon. Nan R. Nolan : Settlement conference held. Parties unable to reach agreement. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Terminating the case referral to Hon. Nan R. Nolan. Mailed notice (yp) (Entered: 02/18/2003)

Feb. 14, 2003
74

NOTICE of change of address by Holland & Knight LLC attorneys for defendants; Notice. (cem) (Entered: 02/25/2003)

Feb. 24, 2003

SCHEDULE set on 3/10/03 by Hon. Nan R. Nolan : Status hearing set to 10:15 3/11/03 . Telephoned notice (fce) (Entered: 03/10/2003)

March 10, 2003
75

EXPEDITED REFERRAL ORDER: Case referred to Hon. Nan R. Nolan for settlement conference Mailed notice. (tmh) (Entered: 03/11/2003)

March 11, 2003
76

MINUTE ORDER of 3/11/03 by Hon. Nan R. Nolan : Telephonic status hearing held. Parties have reached a settlement agreement. Telephonic status continued to 3/19/03 at 10:30 a.m. to confirm the terms of the agreement. Mailed notice (ntf) (Entered: 03/12/2003)

March 11, 2003

SCHEDULE set on 3/19/03 by Hon. Nan R. Nolan : Telephonic status hearing held and continued to 10:30 3/26/03 . No notice (fce) (Entered: 03/19/2003)

March 19, 2003

SCHEDULE set on 3/21/03 by Hon. Amy J. St. Eve : Status hearing reset from 9:00 4/8/03 to 9:00 4/9/03 . Mailed notice (tmh) (Entered: 03/21/2003)

March 21, 2003

SCHEDULE set on 3/26/03 by Hon. Nan R. Nolan : Status hearing held and continued to 1:00 4/2/03 . No notice (fce) (Entered: 03/27/2003)

March 26, 2003

SCHEDULE set on 4/2/03 by Hon. Nan R. Nolan : Status hearing held and continued to 1:00 4/8/03 . Mailed notice (fce) (Entered: 04/02/2003)

April 2, 2003

SCHEDULE set on 4/8/03 by Hon. Nan R. Nolan : Status hearing held and continued to 4:30 p.m. on 4/10/03. Telephoned notice (fce) (Entered: 04/08/2003)

April 8, 2003

SCHEDULE set on 4/9/03 by Hon. Amy J. St. Eve : Status hearing held and continued to 9:00 4/16/03 . Mailed notice (tmh) (Entered: 04/09/2003)

April 9, 2003
78

MINUTE ORDER of 4/16/03 by Hon. Amy J. St. Eve : Status hearing held. Parties have reached a settlement agreement. Plaintiff's oral motion to dismiss this case with leave to reinstate is granted. This case is hereby dismissed, with prejudice with leave to reinstate by or on 5/16/03. This court shall retain jurisdiction to enforce the terms of the settlement agreement. Any pending dates are stricken. Any pending motions are denied as moot. Terminating case. Mailed notice (cem) (Entered: 04/18/2003)

April 16, 2003
77

MINUTE ORDER of 4/17/03 by Hon. Nan R. Nolan : The District Court notified this Court that this case has settled. Status hearing held on 4/10/03. All matters relating to the referral of this action having been resolved, the case is returned to the assigned Judge. Terminating the case referral to Hon. Nan R. Nolan. Mailed notice (cem) (Entered: 04/18/2003)

April 17, 2003
79

MOTION by plaintiffs to reinstate case ; Notice of motion and certificate of service (eav) (Entered: 05/14/2003)

May 7, 2003
80

MINUTE ORDER of 5/13/03 by Hon. Amy J. St. Eve : Plaintiffs' motion to reinstate case is denied, without prejudice. [79−1] Plaintiff is given leave to reinstate this case by or on 6/17/03 as stated in open court. Parties are directed to meet with Magistrate Judge Nolan after this status, as stated in open court. Mailed notice (eav) (Entered: 05/14/2003)

May 13, 2003

SCHEDULE set on 5/16/03 by Hon. Nan R. Nolan : Settlement conference held. No notice (fce) (Entered: 05/19/2003)

May 16, 2003

SCHEDULE set on 5/21/03 by Hon. Nan R. Nolan : Telephonic status held with attorney John Murphy. Parties are drafting settlement papers and will be finalizing the agreement by 5/23/03. No notice (fce) (Entered: 05/21/2003)

May 21, 2003
81

MOTION by plaintiff to extend time to reinstate to 6/30/03 , or to reinstate case ; Notice. (air) (Entered: 06/19/2003)

June 12, 2003
82

MINUTE ORDER of 6/18/03 by Hon. Amy J. St. Eve: Plaintiffs' motion to extend time to reinstate [81−1] or reinstate is granted [81−2]. Plaintiff granted leave to reinstate this case by or on 6/30/03. Mailed notice (air) (Entered: 06/19/2003)

June 18, 2003
83

MOTION by plaintiff to enforce or notice of reinstatement (short) (Attachment); Notice. (cem) (Entered: 07/07/2003)

June 30, 2003
84

MINUTE ORDER of 7/3/03 by Hon. Amy J. St. Eve : Plaintiff's motion to enforce or notice of reinstatement is granted in part and denied in part, without prejudice [83−1]. The case is not reinstated at this time. Plaintiff granted leave to reinstate the case by or on 8/13/03. Mailed notice (cem) (Entered: 07/07/2003)

July 3, 2003

State / Territory: Illinois

Case Type(s):

Policing

Key Dates

Filing Date: June 14, 2001

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Mexican citizen detained in local jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Highland Park (Highland Park), City

Mayor (Highland Park, Lake), City

City Manager (Highland Park, Lake), City

Police Commander (Highland Park, Lake), City

Chief of Police (Highland Park, Lake), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Aggressive behavior

Assault/abuse by staff

Disparate Treatment

Excessive force

Pattern or Practice

Pepper/OC spray

Racial profiling

Discrimination-basis:

Race discrimination

National Origin/Ethnicity:

Hispanic