Case: Vieyra v. County of Will

1:05-cv-01904 | U.S. District Court for the Northern District of Illinois

Filed Date: April 1, 2005

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On April 1, 2005, a pretrial detainee filed this 42 U.S.C. § 1983 action against Will County and a Will County Sheriff in the United States District Court for the Northern District of Illinois, Eastern Division. The plaintiff, represented by private counsel, asked the court for damages, claiming that the police and prosecutors of Will County had fabricated charges against him in order to extend his detention, violating his Fourth Amendment rights, and constituting malicious prosecution, false i…

On April 1, 2005, a pretrial detainee filed this 42 U.S.C. § 1983 action against Will County and a Will County Sheriff in the United States District Court for the Northern District of Illinois, Eastern Division. The plaintiff, represented by private counsel, asked the court for damages, claiming that the police and prosecutors of Will County had fabricated charges against him in order to extend his detention, violating his Fourth Amendment rights, and constituting malicious prosecution, false imprisonment, battery, and intentional infliction of emotional distress. Specifically, the plaintiff claimed that a Will County Sheriff had entered his cell while the plaintiff was detained here, and struck him in the face without provocation. Defendants countered with a claim against the plaintiff for aggravated battery. The plaintiff was successful in defending against the aggravated battery charge at trial, and filed this action.

The Court (Judge David Coar) entered an order on July 17, 2006 dismissing the case because the plaintiff had informed the Court that the case had been settled. We have no further information about this case.

Summary Authors

Blase Kearney (5/7/2012)

People


Judge(s)

Coar, David H. (Illinois)

Attorneys(s) for Plaintiff

Bretz, Charles L. (Illinois)

Flaxman, Kenneth N. (Illinois)

O'Sullivan, Erin Webster (Illinois)

Tedone, Cosmo J (Illinois)

Attorneys(s) for Defendant

Haberkorn, Gerald (Illinois)

McManaman, Martin W. (Illinois)

Moran, Patrick R (Illinois)

Smeltzer, Robert Hill (Illinois)

Wendlinger, Michelle Katherine (Illinois)

Judge(s)

Coar, David H. (Illinois)

Attorneys(s) for Plaintiff

Bretz, Charles L. (Illinois)

Flaxman, Kenneth N. (Illinois)

O'Sullivan, Erin Webster (Illinois)

Tedone, Cosmo J (Illinois)

Attorneys(s) for Defendant

Haberkorn, Gerald (Illinois)

McManaman, Martin W. (Illinois)

Moran, Patrick R (Illinois)

Smeltzer, Robert Hill (Illinois)

Wendlinger, Michelle Katherine (Illinois)

Documents in the Clearinghouse

Document

1:05-cv-01904

Docket [PACER]

Vieyra v. City of Joliet

July 17, 2006

July 17, 2006

Docket
28

1:05-cv-01904

Second Amended Complaint at Law

July 20, 2005

July 20, 2005

Complaint
34

1:05-cv-01904

Third Amended Complaint

Aug. 24, 2005

Aug. 24, 2005

Complaint

Resources

Docket

Last updated Aug. 11, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Antonio Vieyra; Jury Demand.(cdy, ) (Entered: 04/04/2005)

April 1, 2005

April 1, 2005

2

CIVIL Cover Sheet. (cdy, ) (Entered: 04/04/2005)

April 1, 2005

April 1, 2005

3

ATTORNEY appearance for plaintiff Antonio Vieyra by Cosmo J Tedone. (cdy, ) (Entered: 04/04/2005)

April 1, 2005

April 1, 2005

6

MOTION by Defendants for an enlargement of time to file a responsive pleading or motion 1 (gma, ) (Entered: 04/26/2005)

April 22, 2005

April 22, 2005

7

NOTICE of Motion by Martin W. McManaman for presentment of MOTION by Defendants for an enlargement of time to file a responsive pleading or motion 6 before Honorable David H. Coar on 4/28/2005 at 09:00 AM. (gma, ) (Entered: 04/26/2005)

April 22, 2005

April 22, 2005

8

ATTORNEY Appearance for Defendants County of Will, Office of the States's Attorney of Will County Illinois, Will County Adult Detention Facility, Paul J Kaupas, Steven Brooks by Michelle Katherine Ross, Martin W. McManaman, Robert Hill Smeltzer, Gerald Haberkorn (lxs, ) (Entered: 04/26/2005)

April 22, 2005

April 22, 2005

11

MINUTE entry before Judge David H. Coar :The defedants' motion for an enlargement of time to file a responsive pleading or motion came before the Court on 4/28/2005, the movant failed to appear, the Motion for enlargement 6 is stricken. Mailed notice (pm, ) (Entered: 05/06/2005)

April 28, 2005

April 28, 2005

9

AMENDED MOTION by Defendants County of Will, Will County Sheriff's Office, Will County State's Attorney, Will County Adult Detention Facility, Paul J Kaupas and Steven Brooks for an enlargement of time to file a responsive pleading or motion. (cem, ) (Entered: 05/06/2005)

May 5, 2005

May 5, 2005

10

NOTICE of Motion by all defendants for presentment of amended motion for an enlargement of time to file a responsive pleading or motion 9 before Honorable David H. Coar on 5/12/2005 at 09:00 AM. (cem, ) (Entered: 05/06/2005)

May 5, 2005

May 5, 2005

12

SUMMONS Returned Executed by Antonio Vieyra as to County of Will on 4/6/2005, answer due 4/26/2005; Notice. (lcw, ) (Entered: 05/16/2005)

May 12, 2005

May 12, 2005

13

SUMMONS Returned Executed by Antonio Vieyra as to Office of the States's Attorney of Will County Illinois on 4/6/2005, answer due 4/26/2005. (lcw, ) (Entered: 05/16/2005)

May 12, 2005

May 12, 2005

14

SUMMONS Returned Executed by Antonio Vieyra as to Paul J Kaupas on 4/5/2005, answer due 4/25/2005. (lcw, ) (Entered: 05/16/2005)

May 12, 2005

May 12, 2005

15

SUMMONS Returned Executed by Antonio Vieyra as to Steven Brooks on 4/6/2005, answer due 4/26/2005. (lcw, ) (Entered: 05/16/2005)

May 12, 2005

May 12, 2005

16

ATTORNEY Appearance for plaintiff Antonio Vieyra by Erin Webster O'Sullivan, Charles L. Bretz. (lcw, ) (Entered: 05/16/2005)

May 12, 2005

May 12, 2005

17

MINUTE entry before Judge David H. Coar : Motion hearing held on 5/12/2005 regarding motion for extension of time to file answer, 9. Defendants' Amended Motion for an enlargement of time to file a responsive pleading or motion 9 is granted, defendant to answer or plead on or before May 20, 2005. Motion for extension of time to file answer, motion for relief6 is moot and terminated. Mailed notice (pm, ) (Entered: 05/17/2005)

May 12, 2005

May 12, 2005

18

AMENDED complaint by Antonio Vieyra against County of Will, Will County Adult Detention Facility, Paul J Kaupas, Steven Brooks and terminating Office of the States's Attorney of Will County Illinois; Notice.(air, ) Modified on 5/23/2005 (air, ). (Entered: 05/23/2005)

May 18, 2005

May 18, 2005

19

MOTION by Defendants to dismiss plaintiff's complaint pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(1) (gma, ) (Entered: 06/07/2005)

June 7, 2005

June 7, 2005

20

NOTICE of Motion by defendants for presentment of MOTION by Defendants to dismiss plaintiff's complaint pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(1) 19 before Honorable David H. Coar on 6/14/2005 at 09:00 AM. (gma, ) (Entered: 06/07/2005)

June 7, 2005

June 7, 2005

21

MEMORANDUM OF LAW by defendants in support of MOTION by Defendants to dismiss plaintiff's complaint pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(1) 19 (gma, ) (Entered: 06/07/2005)

June 7, 2005

June 7, 2005

23

ATTORNEY Appearance for defendants by Patrick R Moran ; Notice. (lcw, ) (Entered: 06/13/2005)

June 7, 2005

June 7, 2005

22

MINUTE entry before Judge David H. Coar : Rule 16(b) Scheduling Conference set for July 28, 2005 at 9:00 a.m. Report of Planning Conference pursuant to Rule 26(f) and Proposed scheduling order pursuant to Rule 16(b) to be filed in chambers. (Forms of report of planning conference and proposed scheduling order are available on the Court's web page or in chambers ) Judicial staff mailed notice (dl, ) (Entered: 06/08/2005)

June 8, 2005

June 8, 2005

24

MINUTE entry before Judge David H. Coar : Motion hearing held on 6/14/2005 regarding motion to dismiss19.Briefing schedule as to motion to dismiss is set as follows: Response due by 7/6/2005; Reply due by 7/21/2005; motion taken under advisement. No notice, advised in open court. (tlp, ) (Entered: 06/14/2005)

June 14, 2005

June 14, 2005

Motions Taken Under Advisement: MOTION by Defendants County of Will, Will County Adult Detention Facility, Paul J Kaupas, Steven Brooks to dismiss19 (tlp, ) (Entered: 06/14/2005)

June 14, 2005

June 14, 2005

25

MOTION by Plaintiff for leave to file second amended complaint at law (Attachments: # 1 Second Amended Complaint)(gma, ) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

26

NOTICE of Motion by Cosmo J Tedone for presentment of MOTION by Plaintiff for leave to file second amended complaint at law 25 before Honorable David H. Coar on 7/20/2005 at 09:00 AM. (gma, ) (Entered: 06/29/2005)

June 29, 2005

June 29, 2005

27

MINUTE entry before Judge David H. Coar : Motion hearing held on 7/20/2005 regarding motion for leave to file25. Plaintiff's Motion for leave to file 25 2nd amended complaint is granted. Defendants are given to August 18, 2005 to answer or plead to the 2nd amended complaint. No notice (pm, ) (Entered: 07/21/2005)

July 20, 2005

July 20, 2005

28

SECOND AMENDED Complaint by plaintiff Antonio Vieyra against defendants County of Will, Paul J Kaupas, Steven Brooks and terminating Will County Adult Detention Facility.(lcw, ) (Entered: 07/22/2005)

July 20, 2005

July 20, 2005

29

MINUTE entry before Judge David H. Coar : This matter came before the Court on 7/28/2005 for the Rule 16(b) Scheduling Conference and no one appeared Rule 16(b) Scheduling Conference re-set for 8/30/2005 at 09:00 AM. Mailed notice (pm, ) (Entered: 08/11/2005)

July 28, 2005

July 28, 2005

31

NOTICE of Motion by defendants for presentment of motion to dismiss 30 before Honorable David H. Coar on 8/24/2005 at 09:00 AM. (lcw, ) (Entered: 08/19/2005)

Aug. 18, 2005

Aug. 18, 2005

32

MINUTE entry before Judge David H. Coar: Motion hearing held. Oral motion of plaintiff for leave to file additional appearance and to file third amended complaint is granted. Leave granted Kenneth N. Flaxman to file additional appearance on behalf of plaintiff. Leave granted to file a third amended complaint instanter. 30 Defendant's motion to dismiss is moot and terminated. Mailed notice (lcw, ) (Entered: 08/25/2005)

Aug. 24, 2005

Aug. 24, 2005

33

ATTORNEY Appearance for Plaintiff Antonio Vieyra by Kenneth N Flaxman. (lcw, ) (Entered: 08/25/2005)

Aug. 24, 2005

Aug. 24, 2005

34

THIRD AMENDED Complaint by Antonio Vieyra against all defendant.s (lcw, ) (Entered: 08/25/2005)

Aug. 24, 2005

Aug. 24, 2005

35

MINUTE entry before Judge David H. Coar :Rule 16(b) Scheduling Conference held on 8/30/2005. All disclosures required by Rule 26(a)(1) Shall be made on or before 9/14/2005. Any amendments to pleadings or actions to join other parties shall be filed on or before 9/30/2005. Discovery is ordered closed on 3/1/2006. The parties shall disclose expert testimony pursuant to Rule 26(a)(2) on or before 12/21/2005 as to plainitiff and 1/18/2006 as to defendant. The parties do not contemplate rebutal expert testimony. Dispositive motions with supporting memoranda due by 4/3/2006 (all motions are to be in accordance to and noticed for a date certain pursuant to Local Rule 5.3(b)). Final Pretrial Order due by 7/18/2006. Final Pretrial Conference set for 7/28/2006 at 11:00 AM. Jury Trial will commence on Monday 8/21/2006 and not Tuesday 8/22/2006 as stated in open Court - Trial set for 8/21/2006 at 10:00 AM. The parties are directed to review this Court's standing orders. Copies are available in chambers or through the Court's web page. Mailed notice (pm, ) (Entered: 08/30/2005)

Aug. 30, 2005

Aug. 30, 2005

36

MOTION by Defendants County of Will, Steven Brooks to dismiss plaintiff's third amended complaint. (vcf, ) (Entered: 09/15/2005)

Sept. 14, 2005

Sept. 14, 2005

37

NOTICE of Motion by County of Will, Steven Brooks for presentment of motion to dismiss plaintiff's third amended complaint36 before Honorable David H. Coar on 9/21/2005 at 09:00 AM. (vcf, ) (Entered: 09/15/2005)

Sept. 14, 2005

Sept. 14, 2005

38

MINUTE entry before Judge David H. Coar :Motion hearing held on 9/21/2005 regarding motion to dismiss36. For the reasons stated on the record, The Defendants' Motion to dismiss 36Plaintiff's THird Amended Complaint is denied. Defendants to answer the third amended complaint within 20 days of 9/21/05. no notice - advised in open court (pm, ) (Entered: 09/27/2005)

Sept. 21, 2005

Sept. 21, 2005

39

ANSWER to amended complaint by County of Will, Will County Adult Detention Facility, Steven Brooks(McManaman, Martin) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

40

NOTICE by County of Will, Steven Brooks re answer to amended complaint39 (McManaman, Martin) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

42

MOTION by Defendants County of Will, Steven Brooks Leave to Take Plaintiff's Deposition (Moran, Patrick) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

43

NOTICE of Motion by Patrick R Moran for presentment of motion for miscellaneous relief42, motion for protective order41 before Honorable David H. Coar on 1/26/2006 at 09:00 AM. (Moran, Patrick) (Entered: 01/18/2006)

Jan. 18, 2006

Jan. 18, 2006

44

MINUTE entry before Judge David H. Coar : Motion hearing held on 1/26/06 regarding 42 and 42. Defendants' motion 41 for qualified protective order and defendant's motion for leave to take plaintiff's deposition is granted as agreed by the parties. Enter qualified protective order. The parties are advised to adhere and follow Local Rule 5.8 when filing documents under seal pursuant to this protective order. Further, Local Rule 26.2 (and in particular 26.2(e)) shall apply unless otherwise ordered by this court. Absent a motion from a party, sealed documents will be placed in the public record after closing of the case as stated in L.R. 26.2(e). Mailed notice (lcw, ) (Entered: 01/31/2006)

Jan. 25, 2006

Jan. 25, 2006

45

QUALIFIED PROTECTIVE Order Signed by Judge David H. Coar on 1/27/2006.(lcw, ) (Entered: 01/31/2006)

Jan. 27, 2006

Jan. 27, 2006

46

MOTION by Defendants County of Will, Paul J Kaupas, Steven Brooks to amend/correct Answer and Affirmative Defense (Attachments: # 1)(Moran, Patrick) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

47

NOTICE of Motion by Patrick R Moran for presentment of motion to amend/correct46 before Honorable David H. Coar on 6/14/2006 at 09:00 AM. (Moran, Patrick) (Entered: 06/08/2006)

June 8, 2006

June 8, 2006

48

AMENDED Answer by Defendants County of Will, Paul J Kaupas, Steven Brooks to Third amended complaint34 (Moran, Patrick) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

49

NOTICE by all defendants re amended answer to complaint48 (Moran, Patrick) (Entered: 06/12/2006)

June 12, 2006

June 12, 2006

50

MINUTE entry before Judge David H. Coar :Pursuant to telephonic notice on 6/12/2006 from the attorney for the Movant, Pat Moran, the Motion to amend/correct 46 is withdrawn. No one should appear on 6/14/2006 on the noticed motion date. Telephone notice (pm, ) (Entered: 06/13/2006)

June 13, 2006

June 13, 2006

51

ORDER Dismissing Case, Motions terminated: Pursuant to e-mail notification from Kenneth Flaxman, attorney for the plaintiff, this case is settled. This action is dismissed with leave to reinstate on or before August 30, 2006. The final pretrial conference and the Trail are stricken. Any pending motions are moot and terminated. Civil case terminated. by Judge David H. Coar on 7/17/2006:(pm, ) (Entered: 08/02/2006)

July 17, 2006

July 17, 2006

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 1, 2005

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Man who on 04/08/2004 was arrested for aggravated battery with associated case number and who while in a cell was assaulted by a guard and subsequently arrested for battery against that officer.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County of Will (Will), County

Office of the States's Attorney of Will County Illinois (Will), County

Will County Adult Detention Facility (Will), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General:

Assault/abuse by staff

Affected Gender:

Male