409 F.Supp.3d 626
N.D. Ill.2019Background:
- July 23, 2009 shooting in Chicago; victims included Tony Patel (killed) and Tony Fernandez (wounded). Two witnesses central to investigation: Zae Russell and Fernandez.
- Detectives John Folino and Timothy McDermott investigated; an informant (Abdul Wachaa) and photo arrays were involved; dates and reports contained discrepancies (e.g., when Kuri’s photo was pulled vs. interview dates).
- Anthony Kuri was arrested, detained in Cook County Jail for ~3 years, attempted suicide while detained, and was later acquitted in state court.
- Kuri sued Folino, McDermott, and the City asserting due-process (fabrication/Brady), Fourth Amendment unlawful detention, malicious prosecution, conspiracy, and failure to intervene; Monell claim vs. City was bifurcated and stayed.
- Federal jury found for Kuri on due process, unlawful detention, conspiracy, failure to intervene; found Folino liable for malicious prosecution (not McDermott); awarded $4,000,000 compensatory and punitive damages; defendants moved under Rules 50, 59, 60 and Kuri moved to reopen Monell claims.
- District court denied defendants’ post-trial motions (Rule 50/59/60), concluded Fernandez deposition admission was error but harmless, and denied Kuri’s motion to resume Monell claims as moot (no live controversy).
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Fernandez deposition (Rule 60) | Smith (investigator) used reasonable diligence to serve Fernandez; deposition necessary | Smith’s time records show search began in September; lack of diligence warrants new trial | Court: Kuri was not reasonably diligent overall but admission was harmless error; no new trial granted |
| Due process (fabrication/Brady) | Folino/McDermott manufactured ID evidence, concealed exculpatory material → deprived Kuri of liberty | Witnesses (Russell/Fernandez) unreliable; officers lacked knowledge of falsity; Brady inapplicable because evidence used at trial | Jury verdict affirmed: sufficient evidence for fabrication/Brady theory; denial of motions for JMOL/new trial upheld |
| Fourth Amendment — unlawful detention | Probable cause was tainted because IDs were fabricated; without IDs no link to crime | Probable cause existed from witness IDs and other investigatory facts (alibi gaps, gang ties, false denials) | Verdict that detention lacked probable cause not against manifest weight; upheld |
| Malicious prosecution / inconsistent verdicts & damages | Folino acted with malice in fabricating evidence; damages for loss of normal life supported by Kuri’s testimony | No malice shown; inconsistent verdicts (Folino liable; McDermott not) and damages excessive | Verdict against Folino stands; inconsistency objection forfeited and, alternatively, jury could rationally distinguish roles; $4M compensatory award not remitted |
| Conspiracy & failure-to-intervene | Circumstantial evidence shows agreement/opportunity and failure to stop misconduct | No proof of agreement or intervention duty | Jury verdicts sustained: circumstantial proof sufficient; both officers present at key events |
| Reopening Monell claims vs City | Kuri seeks to pursue Monell independently | City says no live controversy because judgment against officers will be indemnified | Court: Monell claims dismissed without prejudice as moot (City likely to indemnify; no additional relief sought) |
Key Cases Cited
- Kennedy v. Schneider Electric, 893 F.3d 414 (7th Cir. 2018) (Rule 60 relief is for extraordinary situations)
- Jones v. Lincoln Elec. Co., 188 F.3d 709 (7th Cir. 1999) (elements for new trial based on newly discovered evidence)
- Thomas v. Cook Cty. Sheriff’s Dep’t, 604 F.3d 293 (7th Cir. 2010) (court discretion and reasonable diligence for admitting deposition testimony)
- Viramontes v. City of Chicago, 840 F.3d 423 (7th Cir. 2016) (harmless-error review for erroneous admission of deposition)
- Avery v. City of Milwaukee, 847 F.3d 433 (7th Cir. 2017) (fabricated evidence violates due process)
- Manuel v. City of Joliet, 137 S. Ct. 911 (2017) (Fourth Amendment protects against unreasonable pretrial detention)
- Chelios v. Heavener, 520 F.3d 678 (7th Cir. 2008) (jury must decide probable cause if facts permit differing reasonable inferences)