781 F. Supp. 2d 718
N.D. Ill.2011Background
- On Jan. 21, 2009, Washington collided with Officer Amatore in Chicago.
- Amatore allegedly saw a bag of marijuana on Washington's lap after entering the car.
- Washington denies possession and alleges the marijuana was planted by Amatore or a sergeant.
- Washington was arrested; he was charged with possession of cannabis and driving without insurance.
- Charges were dropped when Amatore failed to attend court proceedings; the sergeant had left the scene.
- Washington sued Amatore and the City of Chicago for §1983 violations and related claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for false arrest | Washington disputes possession; probable cause lacks. | Marijuana found gave probable cause. | Triable issue on probable cause; denial of summary judgment. |
| Malicious prosecution viability | Lack of probable cause supports mal prosecutors claim. | There was probable cause to arrest. | Denied; triable issue remaining on probable cause. |
| Failure to provide medical care | Amatore failed to obtain medical attention for injuries. | Insufficient evidence of awareness of injury. | Summary judgment for defendants; Count III granted. |
| Civil conspiracy | There was an agreement to violate rights at the scene. | No evidence of meeting of minds. | Summary judgment granted for defendants on Count IV. |
| Intentional infliction of emotional distress | Planting marijuana could be extreme and outrageous. | Claims are speculative and not extreme outragous. | IIED claim survives; triable issue on intent/outrageous conduct. |
Key Cases Cited
- Williams v. Rodriguez, 509 F.3d 392 (7th Cir. 2007) (probable cause standard for false arrest)
- Regalado v. City of Chicago, 40 F. Supp. 2d 1009 (N.D. Ill. 1999) (elements of § 1983 failure to provide medical care)
- Amundsen v. Chicago Park Dist, 218 F.3d 712 (7th Cir. 2000) (conspiracy—meeting of the minds; intent requirement)
- Thurman v. Village of Hazel Crest, 570 F. Supp. 2d 1019 (N.D. Ill. 2008) (pleading prima facie case of civil conspiracy)
- Dean v. Ford Motor Credit Co., 885 F.2d 300 (5th Cir. 1989) (extreme and outrageous conduct standard)
- Reilly ex rel. Reilly v. Wyeth, 377 Ill. App. 3d 20 (Ill. App. 2007) (standards for IIED in Illinois; evidence considerations)