The opinion of the court was delivered by: Shadur, District Judge.
MEMORANDUM OPINION AND ORDER
Jay Larson ("Larson")*fn1 originally sued the Villages of
Addison ("Addison") and Villa Park ("Villa Park"), the City of
Elmhurst ("Elmhurst"), Addison police officer Thomas Wind
("Wind"), an unidentified Villa Park police officer (since
Genaro Esposito, "Esposito," though not yet named as a party
defendant) and other unidentified police officers, alleging
that all defendants violated Larson's civil rights in
connection with the claimed December 28, 1980 shooting of
Larson by Wind. Complaint Count I seeks relief under 42 U.S.C. § 1983
("Section 1983"). Counts II through IV assert various
tort theories.*fn2 Counts V and VI, added by amendment
November 17, 1981, and joining Addison Police Chief Alexander
Gorr ("Gorr") and Villa Park Police Chief William Kohnke
("Kohnke"), do not specify their theories of action but appear
to be asserted under Section 1983.
Addison, Gorr, Villa Park and Esposito have moved for
summary judgment as to all claims against them. For the
reasons contained in this memorandum opinion and order
defendants' motions are denied.
Larson alleges that on December 28, 1980 he was driving his
automobile in Addison when he was "confronted by an Addison
police officer." Larson refused to stop at the officer's
directive, and an automobile chase ensued through Addison,
Villa Park and Elmhurst (at speeds reaching 130 m.p.h.).
Police officers from all three municipalities joined in the
chase. Larson allegedly decided to surrender "shortly
thereafter" and voluntarily stopped his automobile at 405-07
Hamilton Street in Villa Park. When he got out of the
automobile Larson was shot by Wind, allegedly without
Larson's Changed Theories of Liability
In response to the current motions Larson has shifted ground
considerably in asserting liability of the various defendants.
Though the Complaint has not been amended to catch up to
Larson's changed theories, this opinion will deal with his
present positions, which may be summarized as follows:
Addison, which employed Wind at the time of the
shooting, caused Larson's injury through (1) its
lack of training and supervision of its police
officers, including the absence of any policies,
procedures or guidelines covering the use of
firearms, (2) its reckless hiring and screening
procedures for police officers and (3) a post hoc
condonation or ratification of Wind's actions.
Gorr, who was Addison's temporary police chief at
the time of the shooting, is liable on essentially
the same grounds as Addison: by failing to
implement procedures or guidelines that might have
prevented the shooting.
Esposito, who participated in the arrest (though
he physically subdued Larson's passenger rather
than Larson himself), was a primary antagonist at
the scene of the shooting. By his own actions he
helped create an atmosphere of lawlessness and
violence, of which the shooting was a direct and
natural consequence. Esposito also failed to insure
that Larson was transferred to a hospital promptly
after the shooting.
Villa Park was delinquent as to Esposito, just as
Addison was as to Wind. Villa Park too failed to
implement specific policies or guidelines on
firearm use and the use of deadly force,
establishing a causal link between Villa Park and