Case: Romero v. Mount Prospect

1:00-cv-00861 | U.S. District Court for the Northern District of Illinois

Filed Date: Feb. 11, 2000

Clearinghouse coding complete

Case Summary

This case is about racial profiling by police officers in Illinois. On February 11, 2000, three Hispanic motorists filed a complaint against the Village of Mount Prospect, Illinois (the Village), the Mount Prospect Police Department (MPPD), the Chief of Police, and several individual officers. The plaintiffs sought class certification and the case was assigned to Judge James Zagel. The complaint was amended several times, with the last amended complaint filed on April 5, 2000. We don't have acc…

This case is about racial profiling by police officers in Illinois.

On February 11, 2000, three Hispanic motorists filed a complaint against the Village of Mount Prospect, Illinois (the Village), the Mount Prospect Police Department (MPPD), the Chief of Police, and several individual officers. The plaintiffs sought class certification and the case was assigned to Judge James Zagel.

The complaint was amended several times, with the last amended complaint filed on April 5, 2000. We don't have access to the filings and, as such, do not have any further information about the cause of action or specific allegations by the plaintiffs.

From the docket we know that on June 6, 2000, the Village and MPPD filed a motion to dismiss one of the plaintiffs' claims and two named officers filed a separate motion to dismiss the claims against them. On June 13, 2000, another named officer moved to dismiss all claims against him. Then, on October 23, 2000, the court denied in part and granted in part the motions to dismiss. The conspiracy claims were dismissed without prejudice.

Throughout 2001 and 2002, the parties held numerous status conferences before Judge Zagel. On November 6, 2002, the plaintiffs filed a motion for voluntary dismissal against the individual defendants, which was granted on November 13. The parties filed a joint motion for preliminary approval of a class action settlement on November 7, which was also granted on November 13.

Around the time this case was filed in 2000, the U.S. Department of Justice (DOJ) undertook an investigation of MPPD as a result of other allegations of the police department's racial profiling of Hispanics. As a result of the investigation, the DOJ and MPPD entered into an agreement in January 2003 that provided a number of changes to be implemented by MPPD. The changes included creation of a written policy prohibiting discrimination, new documentation requirements for all traffic stops, and improved training and supervision of police officers. The agreement also required that MPPD publish a semi-annual report providing information on traffic stops and the investigations of any complaints. The changes from the DOJ's involvement may have impacted this case, but we are unsure if they did and to what extent.

The hearing on the final approval of the class action settlement was held on February 11, 2003. A judgment was entered granting the settlement, which terminated the case.

Summary Authors

Rachel Kreager (2/24/2021)

Related Cases

DOJ Investigation of the Village of Mount Prospect, Illinois Police Department, No Court (None)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/30861965/parties/romero-v-mt-prospect-vlg/


Judge(s)
Attorney for Plaintiff

Hervas, Charles E. (Illinois)

Hirsch, Michelle J. (Georgia)

Attorney for Defendant

Ekl, Terry A. (Illinois)

Garrett, Frank Bennett III (Illinois)

Kulling, Kevin G. (Illinois)

Documents in the Clearinghouse

Documents in this case

1:00-cv-00861

Docket [PACER]

Feb. 11, 2003

Feb. 11, 2003

Docket

Docket

See docket on RECAP: https://www.courtlistener.com/docket/30861965/romero-v-mt-prospect-vlg/

Last updated Aug. 24, 2026, 4:29 a.m.

Docket for: Romero v. Mt Prospect, Vlg
ECF Number Date Description Link
1 Feb. 11, 2000

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Gustavo Munoz, Steven Craig Rueckert, Peter J. Wilkes as attorney(s) for plaintiff ( six originals and six copies summons(es) issued.) ( Documents: 1-1 through 1-3) (fce) (Entered: 02/14/2000)

RECAP
Feb. 11, 2000

RECEIPT regarding payment of filing fee paid; on 2/11/00 in the amount of $ 150.00, receipt # 7210. (fce)

2 Feb. 14, 2000

AMENDED class action complaint [1-1] by plaintiff (fce) (Entered: 02/15/2000)

RECAP
3 March 6, 2000

ATTORNEY APPEARANCE for defendants Mt Prospect, Vlg, Mt Prospect PD by James Gus Sotos, Charles E. Hervas, Kimberly D. Fahrbach and Kevin G. Kulling; Notice (fce) Modified on 03/09/2000 (Entered: 03/07/2000)

RECAP
5 March 6, 2000

AGREED MOTION by parties to extend time for defendants to respond to plaintiff's pleadings ; Notice (fce) (Entered: 03/20/2000)

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6 March 9, 2000

MINUTE ORDER of 3/9/00 by Hon. James B. Zagel : Agreed motion to extend time is granted [5-1]. Amended complaint due by 3/20/00. Response to the amended complaint due 4/19/00. Telephoned notice (fce) (Entered: 03/20/2000)

RECAP
4 March 13, 2000

ADDITIONAL ATTORNEY APPEARANCE for defendant Mt Prospect, Vlg by William W. Kurnik, Michelle Jeanette Hirsch. (vmj) (Entered: 03/14/2000)

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7 March 17, 2000

SECOND AMENDED COMPLAINT [2-1] by plaintiffs; adding Silvia Meyers (fce) (Entered: 03/20/2000)

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March 20, 2000

MAILED Rule 3.14 letter to Steven Craig Rueckert and Gustavo Munoz (fce)

8 March 27, 2000

ATTORNEY APPEARANCE for defendant Ronald Pavlock by Terry A. Ekl ; Notice (fce) Modified on 03/28/2000 (Entered: 03/28/2000)

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9 March 31, 2000

ATTORNEY APPEARANCE for defendant Joseph Favia by Manuel Sanchez, Peter Frank Zullo and Mark Edward Winters (fce) (Entered: 04/03/2000)

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10 March 31, 2000

ATTORNEY APPEARANCE for plaintiffs by Steven C. Rueckert (fce) (Entered: 04/03/2000)

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11 April 5, 2000

THIRD AMENDED COMPLAINT [7-1] by plaintiff; adding Jose Pineda (fce) (Entered: 04/06/2000)

RECAP
12 April 27, 2000

NOTICE by defendant Mt Prospect, Vlg of change of address (fce) (Entered: 04/28/2000)

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13 May 5, 2000

ATTORNEY APPEARANCE for Frank Raus by Manuel Sanchez, Mark E. Winters and Peter F. Zullo (fce) (Entered: 05/09/2000)

RECAP
14 June 5, 2000

ATTORNEY APPEARANCE for defendant Officer Timothy Janowick by Frank B. Garrett, Laura Lee Scarry; Notice. (maf) Modified on 06/06/2000 (Entered: 06/06/2000)

RECAP
17 June 5, 2000

MOTION by defendant Timothy Janowick for leave to file memorandum in excess of fifteen pages, instanter (Attachment). (srb) (Entered: 06/23/2000)

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18 June 5, 2000

AMENDED NOTICE of motion by defendant Timothy Janowick regarding motion for leave to file memorandum in excess of fifteen pages, instanter. (srb) (Entered: 06/23/2000)

RECAP
19 June 6, 2000

MOTION by defendants Vlg of Mt Prospect and Mt Prospect PD to dismiss count II of the third amended complaint, The Title VI claim ; Memorandum in support; Notice. (srb) (Entered: 06/23/2000)

RECAP
23 June 6, 2000

MOTION by defendants Officers Joseph Favia, Frank Raus to dismiss plaintiff's third amended complaint pursuant to federal rule of civil procedure 12 (b)(6) ; Memorandum in support. (maf) (Entered: 06/28/2000)

RECAP
15 June 8, 2000

ANSWER by defendant Vlg of Mt Prospect to plaintiffs' third amended class action complaint [11-1]; Notice. (maf) Modified on 06/09/2000 (Entered: 06/09/2000)

RECAP
16 June 13, 2000

MEMORANDUM of law by defendant Timothy Janowick in support of his motion to dismiss; Notice (rmm) (Entered: 06/15/2000)

RECAP
20 June 13, 2000

MINUTE ORDER of 6/13/00 by Hon. James B. Zagel: Defendants' motion for leave to file memorandum in excess of fifteen pages, instanter is granted [17-1]. Telephoned notice (srb) (Entered: 06/23/2000)

RECAP
24 June 13, 2000

MOTION by defendant Timothy Janowick to dismiss each and every claim against him in plaintiffs' third amended class action complaint ; Notice (fce) (Entered: 06/29/2000)

RECAP
21 June 15, 2000

MINUTE ORDER of 6/15/00 by Hon. James B. Zagel: Answer brief to defendants' Village and Police Department's motion to dismiss count II [19-1] due 8/8/00. Reply to answer brief due 8/29/00. Mailed notice. (srb) (Entered: 06/23/2000)

RECAP
22 June 22, 2000

ANSWER by defendant Ronald Pavlock to plantiffs' third amended class action complaint [11-1]; Notice of filing. (jmp) (Entered: 06/27/2000)

RECAP
25 June 27, 2000

MINUTE ORDER of 6/27/00 by Hon. James B. Zagel : Answer brief to defendant Janowick's motion to dismiss each and every claim against him in plaintiffs' third amended class action complaint [24-1] is due 8/8/00. Reply to answer brief due 8/29/00. Status hearing set to 10:00 a.m. on 9/19/00. Motion to dismiss count II of the third amended complaint, The Title VI claim [19-1] answer due 8/8/00. Reply due 8/29/00. Mailed notice (fce) (Entered: 06/29/2000)

RECAP
26 July 26, 2000

NOTICE by Mt Prospect, Vlg of change of firm name. (tlm) (Entered: 08/01/2000)

RECAP
27 Aug. 8, 2000

RESPONSE by plaintiffs in opposition to defendant Timothy Janowick's motion to dismiss [24-1]. (kef) Modified on 08/09/2000 (Entered: 08/09/2000)

RECAP
28 Aug. 8, 2000

MOTION by plaintiffs for leave to memorandum of law in opposition to defendant Timothy Janowick's motion to dismiss in excess of fifteen pages . (kef) (Entered: 08/09/2000)

RECAP
29 Aug. 8, 2000

MEMORANDUM of law by plaintiffs in opposition to defendant Timothy Janowick's motion to dismiss [24-1]. (kef) Modified on 08/09/2000 (Entered: 08/09/2000)

RECAP
30 Aug. 8, 2000

RESPONSE by plaintiffs in opposition to defendants Joseph Favia and Frank Raus' motion to dismiss [23-1]. (kef) Modified on 08/09/2000 (Entered: 08/09/2000)

RECAP
31 Aug. 8, 2000

MOTION by plaintiffs for leave to file memorandum of law in opposition to defendants Frank Raus' and Joseph Favias' motion to dismiss in excess of fifteen pages . (kef) (Entered: 08/09/2000)

RECAP
32 Aug. 8, 2000

MEMORANDUM of law by plaintiffs in opposition to defendants Joseph Favia and Frank Raus' motion to dismiss [23-1]. (kef) Modified on 08/09/2000 (Entered: 08/09/2000)

RECAP
33 Aug. 8, 2000

RESPONSE by plaintiffs in opposition to defendant Village of Mount Prospect's motion to dismiss count II [19-1]. (kef) (Entered: 08/09/2000)

RECAP
34 Aug. 8, 2000

MEMORANDUM of law by plaintiffs in opposition to defendant Village of Mount Prospect's motion to dismiss count II [19-1]. (kef) (Entered: 08/09/2000)

RECAP
35 Aug. 29, 2000

REPLY by defendant Timothy Janowick to plaintiffs' response to defendant's motion to dismiss [24-1]; Notice (yap) (Entered: 08/30/2000)

RECAP
36 Aug. 29, 2000

REPLY by defendants Joseph Favia and Frank Raus in support of their motion to dismiss plaintiffs' third amended class action complaint pursuant to federal rule of civil procedure 12 (b)(6); Notice (yap) (Entered: 08/31/2000)

RECAP
37 Sept. 11, 2000

REPLY memorandum by defendants Mt Prospect, Vlg, and Mt Prospect PD in support of their motion to dismiss count II [19-1] (yap) (Entered: 09/11/2000)

RECAP
Sept. 13, 2000

SCHEDULE set on 9/13/00 by Hon. James B. Zagel : Status hearing stricken. Ruling on pending motion to be made by mail. Mailed notice (drw)

38 Oct. 23, 2000

MINUTE ORDER of 10/23/00 by Hon. James B. Zagel : Motions to dismiss count II of the third amended complaint [19-1], to dismiss plaintiff's third amended complaint pursuant to federal of civil procedure 12 (b)(6) [23-1], and to dismiss each and every claim against him in plaintiffs' third amended class action complaint is granted/denied in part [24-1]. The conspiracy claims are dismissed without prejudice. Motion for leave to memorandum of law in opposition to defendant Timothy Janowick's motion to dismiss in excess of fifteen pages [28-1] and motion for leave to file memorandum of law in opposition to defendants Frank Raus' and Joseph Favias' motion to dismiss in excess of fifteen pages are granted [31-1]. (Entered Memorandum Opinion and Order.) Mailed notice. (las) (Entered: 10/25/2000)

RECAP
39 Nov. 29, 2000

MOTION by the Village of Mount Prospect to compel plaintiffs to respond to their discovery requests (Attachment); Notice (ar) (Entered: 12/13/2000)

RECAP
40 Dec. 5, 2000

MINUTE ORDER of 12/5/00 by Hon. James B. Zagel : Defendant Village of Mount Prospect's motion to compel plaintiffs to respond to their discovery requests [39-1], granted with conditions as stated in open court. No notice (ar) (Entered: 12/13/2000)

RECAP
41 Dec. 6, 2000

AGREED MOTION by defendant Mt Prospect, Vlg to vacate order granting defendant Village of Mount Prospect's motion to compel ; Notice (yap) (Entered: 12/26/2000)

RECAP
42 Dec. 12, 2000

MINUTE ORDER of 12/12/00 by Hon. James B. Zagel: Defendant's agreed motion to vacate order granting defendant Village of Mount Prospect's motion to compel [41-1] is granted. The minute order or 12/5/00 granting motion to compel is vacated [40-1]. Reinstating motion to compel plaintiffs to respond to their discovery requests [39-1]. No notice (yap) (Entered: 12/26/2000)

RECAP
Jan. 19, 2001

SCHEDULE set on 1/19/01 by Hon. James B. Zagel : Status hearing set to 10:00 2/15/01 . Mailed notice (drw)

Jan. 23, 2001

SCHEDULE set on 1/23/01 by Hon. James B. Zagel : Status hearing 2/15/01 reset to 10:00 3/12/01 . Mailed notice (drw)

Feb. 6, 2001

SCHEDULE set on 2/6/01 by Hon. James B. Zagel : Status hearing reset to 10:00 3/27/01 . Mailed notice (drw)

March 27, 2001

SCHEDULE set on 3/27/01 by Hon. James B. Zagel : Status hearing held and continued to 10:00 5/10/01 . No notice (drw)

April 4, 2001

SCHEDULE set on 4/4/01 by Hon. James B. Zagel : Status hearing reset to 12:30 5/10/01 . No notice (drw)

43 May 8, 2001

MINUTE ORDER of 5/8/01 by Hon. James B. Zagel: An insurance representative is directed to be present for the settlement conference now set before this court on 5/10/01 at 12:30 p.m. Telephoned notices (yap) (Entered: 05/09/2001)

RECAP
May 10, 2001

SCHEDULE set on 5/10/01 by Hon. James B. Zagel : Status hearing held. No notice (drw)

45 June 12, 2001

MOTION by defendant Timothy Janowick to substitute attorneys Steven R. Miller and Laura L. Scarry ; Notice (yap) (Entered: 06/20/2001)

RECAP
46 June 12, 2001

SUBSTITUTION of attorneys by defendant Timothy Janowick (yap) (Entered: 06/20/2001)

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44 June 19, 2001

ATTORNEY APPEARANCE for defendant Timothy Janowick by Stephen Richard Miller, Jason M. Sax and Laura L. Scarry; Notice (yap) (Entered: 06/19/2001)

RECAP
47 June 19, 2001

MINUTE ORDER of 6/19/01 by Hon. James B. Zagel: Defendant, Officer Timothy Janowick's motion to substitute attorneys Steven R. Miller and Laura L. Scarry [45-1] is granted. The appearance of Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd and its attorneys is withdrawn. Mailed notice (yap) (Entered: 06/20/2001)

RECAP
48 Aug. 13, 2001

NOTICE by defendant Mt Prospect, Vlg's counsel of change of firm name (yap) (Entered: 08/13/2001)

RECAP
49 Aug. 27, 2001

MINUTE ORDER of 8/27/01 by Hon. James B. Zagel: Motion to compel plaintiffs to respond to their discovery requests [39-1] is denied as moot, as per the parties' agreement [41-1]. Mailed notice (yap) (Entered: 08/28/2001)

RECAP
50 Sept. 24, 2001

MOTION by defendant Timothy Janowick to compel written discovery responses (Attachments); Notice (yap) (Entered: 10/03/2001)

RECAP
51 Oct. 2, 2001

MINUTE ORDER of 10/2/01 by Hon. James B. Zagel: Defendant Janowick's motion to compel written discovery responses [50-1] is granted. Discovery compliance deadline 10/23/01. Mailed notice (yap) (Entered: 10/03/2001)

RECAP
Jan. 11, 2002

SCHEDULE set on 1/11/02 by Hon. James B. Zagel : Status hearing set to 10:00 3/14/02 . Mailed notice (drw)

March 14, 2002

SCHEDULE set on 3/14/02 by Hon. James B. Zagel : Status hearing held and continued to 10:00 5/16/02 . No notice (drw)

May 16, 2002

SCHEDULE set on 5/16/02 by Hon. James B. Zagel : Status hearing held and continued to 10:00 7/11/02 . No notice (drw)

July 10, 2002

SCHEDULE set on 7/10/02 by Hon. James B. Zagel : Status hearing 7/11/02 is reset to 10:00 8/6/02 . Mailed notice (drw)

52 July 26, 2002

NOTICE by plaintiffs Hiram Romero and Jose Pineda's counsel of change of address (yap) (Entered: 07/26/2002)

RECAP
Aug. 6, 2002

SCHEDULE set on 8/6/02 by Hon. James B. Zagel : Status hearing held and continued to 10:00 10/9/02 . No notice (drw)

Oct. 8, 2002

SCHEDULE set on 10/8/02 by Hon. James B. Zagel : Status hearing 10/9/02 is reset to 10:00 10/30/02 . Telephone notice (drw)

Oct. 30, 2002

SCHEDULE set on 10/30/02 by Hon. James B. Zagel : Status hearing held and continued to 10:00 11/13/02 . No notice (drw)

53 Nov. 6, 2002

STIPULATED MOTION by plaintiff for voluntary dismissal of plaintiffs' complaint against defendants' Ronald Pavlock, Timothy Janowick, Joseph Favia and Frank Raus ; Notice. (hmb) (Entered: 11/07/2002)

RECAP
54 Nov. 7, 2002

JOINT MOTION by the parties for preliminary approval, and for certification of class for settlement purposes (Attachments); Notice (cdy) (Entered: 11/08/2002)

RECAP
55 Nov. 13, 2002

MINUTE ORDER of 11/13/02 by Hon. James B. Zagel : Status hearing held. Motion for voluntary dismissal of plaintiffs' complaint against defendants' Ronald Pavlock, Timothy Janowick, Joseph Favia and Frank Raus [53-1] is granted. Said defendants are dismissed. Motion for class certification for purposes of settlement is granted. Motion for preliminary approval of class action settlement [54-1] is granted. Hearing on final approval of settlement is set for 2/11/03 at 12:00 p.m. noon [54-2]. terminating defendants Ronald Pavlock, Timothy Janowick, Joseph Favia and Frank Raus Mailed notice (yap) (Entered: 11/18/2002)

RECAP
56 Nov. 14, 2002

MINUTE ORDER of 11/14/02 by Hon. James B. Zagel: Enter scheduling order for final approval of settlement. (Entered Order Regarding Notice Schedule). Mailed notice (yap) (Entered: 11/18/2002)

RECAP
57 Dec. 10, 2002

AFFIDAVIT of compliance with settlement agreement of Kimberly D. Fahrbach; Notice (ar) (Entered: 12/23/2002)

RECAP
58 Feb. 11, 2003

MINUTE ORDER of 2/11/03 by Hon. James B. Zagel: Motion (54-1) for approval of settlement hearing held. Motion is granted [54-1 terminating case . Enter final order and judgment approving class action settlement. (Entered Final Order and Judgment.) Mailed notice (air) (Entered: 02/20/2003)

RECAP

Case Details

State / Territory:

Illinois

Case Type(s):

Policing

Key Dates

Filing Date: Feb. 11, 2000

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Hispanic motorists

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

City

Mount Prospect Police Department

Village of Mount Prospect

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Other Dockets:

Northern District of Illinois 1:00-cv-00861

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Unknown

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Racial profiling

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Recommended Citation