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MARTIN v. COUNTY OF KENDALL

March 8, 1983

CHRISTAPHER J. MARTIN, ET AL., PLAINTIFFS,
v.
COUNTY OF KENDALL, ET AL., DEFENDANTS.



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

MEMORANDUM OPINION AND ORDER

Three minor children, Christapher, Deanna and Harold Martin ("Christapher," "Deanna" and "Harold"), initially brought this action*fn1 in the Circuit Court of Kendall County, Illinois, alleging claims under 42 U.S.C. § 1983 ("Section 1983") and Illinois common law against Kendall County ("County"), County Sheriff Victor Frantz ("Frantz") and Deputy Sheriffs J. Rosetl ("Rosetl") and Terry Schiltz ("Schiltz"). Defendants removed to this Court.*fn2

Schiltz has now moved to dismiss the Section 1983 claims against him. For the reasons stated in this memorandum opinion and order Schiltz's motion is granted. This Court also exercises its discretion to remand to the state court the state law claims against County, Frantz and Schiltz.

Facts*fn3

On March 3, 1981 Schiltz maliciously and without probable cause charged Deanna and Harold with being delinquent minors in petitions for adjudication of wardship under the Juvenile Court Act, Ill.Rev.Stat. ch. 37, § 704-1 ("Section 704-1"). Schiltz's petitions cited Deanna and Harold for committing the November 2, 1980 burglary on the neighbor's trailer. On March 20, 1981 the Juvenile Court dismissed Schiltz's petitions.

Proceedings in This Case

Plaintiffs' original Complaint comprised seven counts:

    1. In Count I Christapher charged County, Frantz and Rosetl
  with common law false imprisonment.
    2. In Count II Christapher asserted the same false
  imprisonment as a Section 1983 violation.
    3. In Count III Deanna charged County, Frantz and Schiltz
  with common law malicious prosecution.
    4. In Count IV Deanna charged the same malicious prosecution
  as a Section 1983 violation.
    5. In Count V Harold charged County, Frantz and Rosetl with
  common law false imprisonment.
    6. In Count VI Harold charged County, Frantz and Schiltz with
  common law ...

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