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ASHENHURST v. CAREY

November 30, 1972

MARTHA ASHENHURST, A MINOR, BY JULIA HALL, HER NEXT FRIEND, PLAINTIFFS,
v.
JOHN CAREY ET AL., DEFENDANTS.



The opinion of the court was delivered by: Bauer, District Judge.

  MEMORANDUM OPINION AND ORDER

This cause comes on defendants' motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure and on the defendants' motion for a more definite statement.

This is a civil rights action instituted under 42 U.S.C. § 1983 and 28 U.S.C. § 1343. Plaintiff requests that a three-judge District Court be convened under Title 28 U.S.C. § 2281 and § 2284 to determine the constitutionality of § 206-5 of Chapter 38 of the Illinois Revised Statutes.

The plaintiff, Martha Ashenhurst, is a minor and a citizen of the United States of America. The defendants are John Carey and James J. Stokes, Chicago Police Officers, James B. Conlisk, Jr., Superintendent of the Chicago Police Department and Juanita Wood, a Community Unit Director for the Division of Correctional Services of the City of Chicago's Department of Human Resources.

In the complaint the plaintiff alleges, inter alia, the following facts:

1. The defendants, employees of the City of Chicago, deprived the plaintiff of her civil rights under the color of state law.

2. On May 16, at approximately 10:15 P.M. the defendant Carey ordered and forced the plaintiff to accompany him to the 21st District Police Station and that the plaintiff was held incommunicado by the defendants Carey and Stokes until 1:30 A.M. the following morning.

3. The defendants Carey and Stokes, without legal justification deprived the plaintiff of her right of freedom from illegal seizure of her person; freedom from unlawful arrest without evidence in support thereof; freedom from illegal detention; and freedom from physical abuse coercion, and intimidation.

4. While in the custody of the defendants Carey and Stokes, the plaintiff was subjected to scurrilous and obscene language.

5. The plaintiff has not been able to determine the specifics of the alleged charges which were filed against her, or whether, if made, such charges are still pending.

6. The defendants James B. Conlisk, Jr. and Juanita Wood have refused to return to the plaintiff all records incident to the above arrest.

7. On August 4, 1971, the plaintiff petitioned for return and expungement of these arrest records. This petition was denied.

8. That the statute dealing with the expungement of arrest records, Chapter 38 § 206-5 of the Illinois Revised Statutes is unconstitutional because it requires that the petition for expungement be accompanied by the petitioner's waiver of any and all of his claims against the arresting officers.

The plaintiff seeks damages in the amount of $25,000 plus the costs of maintaining this action. In addition, the plaintiff requests a declaration that the defendants' refusal to expunge violates the plaintiff's 14th Amendment rights, and a ruling that the statute in question which requires ...


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