Howard v. Village of Buffalo Grove, IL, The
1:23-cv-16477
N.D. Ill.Jun 26, 2025Background
- Plaintiff Kristine Howard, as administrator of Brian Howard’s estate, sued the Village of Buffalo Grove, its police department, and two police officers over the fatal police shooting of her son, who had called 911 during a suicidal crisis.
- Brian Howard told dispatchers he had two guns and did not intend to harm anyone but himself; at the scene, officers did not wait for backup or attempt de-escalation, instead shouting at Brian before shooting him even though he never pointed his weapons at anyone.
- Howard's amended complaint raised three counts: excessive force under 42 U.S.C. § 1983, wrongful death under Illinois law, and a Monell claim regarding failure to train officers in dealing with mental health crises.
- Defendants moved to dismiss all claims, partially relying on dash cam footage not referenced in the complaint.
- The court decided the motion to dismiss without considering the dash cam video, holding plaintiff’s factual allegations as true.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Use of dash cam footage at dismissal | Footage not referenced; should not be considered | Footage disproves plaintiff’s account | Not considered; not referenced, does not "utterly discredit" plaintiff |
| Excessive force claim (42 U.S.C. § 1983) | Officers used lethal force on a non-threatening, suicidal person | Use of force was objectively reasonable under the circumstances | Sufficient facts pled; claim proceeds |
| Qualified immunity for officers | Not appropriate on pleadings; facts disputed and undeveloped | Officers are immune as their conduct was not clearly unlawful | Too early to decide; immunity not granted on pleadings |
| Wrongful death (Illinois law) | Officers’ conduct was willful & wanton, not reasonable | Force was reasonable, so claim barred under Tort Immunity Act | Plaintiff pled sufficient facts; claim proceeds |
| Monell (failure to train/custom) | Village failed to train officers on handling mental health crises | Complaint lacks specific examples or pattern of violation | Dismissed; insufficient factual allegations, but with leave to amend |
| Claims against BGPD and official capacity | Both are either redundant or not separate suable entities | Not proper defendants; duplicative of suit against municipality | Dismissed with prejudice |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (use of deadly force is judged from perspective of reasonable officer on scene)
- Monell v. Dep't of Soc. Servs., 436 U.S. 658 (municipal liability under § 1983 requires policy or custom as moving force)
- Ashcroft v. Iqbal, 556 U.S. 662 (complaint must plead sufficient factual matter to state a plausible claim)
- City of Canton, Ohio v. Harris, 489 U.S. 378 (municipal liability for failure to train requires showing of deliberate indifference)
- Pearson v. Callahan, 555 U.S. 223 (qualified immunity shields officers unless they violate clearly established law)