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DOE v. THOMAS

March 21, 1985

NANCY J. DOE, PLAINTIFF,
v.
MARIANNE Y. THOMAS, BARBARA ROWAN, A.E. MOORE, M.A. GREEN, WILLIAM OLSON, JAMES O'GRADY, RICHARD BRZECZEK, MINNIE MOE, MAX ROE, RICHARD ROE, UNKNOWN POLICE OFFICERS, AND THE CITY OF CHICAGO, A MUNICIPAL CORPORATION, DEFENDANTS.



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

  MEMORANDUM ORDER

The defendants, Marianne Y. Thomas, Barbara Rowan, Anthony Moore, Marianne Green, William Olson, James O'Grady, Richard Brzeczek, and the City of Chicago move for summary judgment in their favor pursuant to Rule 56(c) of the Federal Rules of Civil Procedure. For the reasons stated below, defendants' motion for summary judgment is granted in part and denied in part.

I. FACTS

Construing all facts in a light most favorable to the plaintiff, the following facts are assumed to be true for purposes of this motion. On August 7, 1982, plaintiff Nancy J. Doe learned that a warrant had been issued for her arrest. The arrest warrant was based on Doe's failure to appear in state court on July 29, 1982 with respect to a misdemeanor indictment charging violations of the Illinois Deceptive Trade Practices Act, Ill.Rev.Stat., ch. 38, § 17-1(B)(a). Bond was set at $200. Doe then traveled to the Jefferson Park Police Station with $200 in cash, prepared to post bond. At the Jefferson Park Police Station, Doe identified herself to the desk officer and advised him of both the arrest warrant and the $200 bond.

Doe was taken immediately into an interview room, handcuffed to the wall, and asked general questions by Officer Green, Officer Moore or Officer Richard Roe.*fn1 The questioning officer then left the room. Upon returning, the officer informed Doe that she was under arrest and would be transported to another facility. Doe again requested to post bond, but was denied that request. Doe was not informed of her Miranda rights either when she was handcuffed to the wall or when she was informed of her arrest.

Doe's handcuff was detached from the wall and placed upon her unhandcuffed wrist. Fully handcuffed, Doe was then transported from the Jefferson Park Police Station to the Grand and Central Police Station. Upon arrival, Doe was transferred to a policewoman's care. Doe again informed the officer (either Officer Rowan, Officer Thomas, or Officer Moe) of the warrant and offered to post bond. The policewoman refused the offer. The policewoman then "shoved [Doe] against a wall so that the back of her head hit the wall, intimidated and frightened her and snapped her picture with a camera." Plaintiff's Affidavit, at ¶ 4. Doe was then "led to a table and her fingerprints [were] taken with much force." Id. at ¶ 5.

After Doe was fingerprinted, a policewoman ordered Doe to undress and submit to a body cavity search. The policewoman conducted the strip search and body cavity search while another policewoman watched. During the search, the policewomen "started to punch and beat [Doe] and kicked her with great force in an injured leg, struck her in the head [,] beat her about the arms and body and stunned her." Plaintiff's Affidavit, at ¶ 5. As a result of the search, Doe incurred both internal and external injuries, including bruises to her face, arms and legs. Doe was then left in a cell without concern for her injuries and without food for more than eight hours before her family came to the station and posted bond for her. Doe was then released from custody.

II. DISCUSSION

The named defendants have moved pursuant to Rule 56(c) of the Federal Rules of Civil Procedure that summary judgment be granted in their favor. Under Rule 56(c), summary judgment will be granted if there is no genuine issue as to any material fact. Cedillo v. International Association, etc., 603 F.2d 7 (7th Cir. 1979). The Court gives the party opposing the motion the benefit of any reasonable inferences which can be drawn from the facts in the materials submitted. United States v. Diebold, Inc., 369 U.S. 654, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962).

Count I of Doe's Amended Complaint charges that Officer Green, Officer Moore or Officer Richard Roe unconstitutionally "seized" Doe's person by handcuffing her to the wall of an interrogation room at the Jefferson Park Police Station. Also, Doe alleges that the police officers deliberately denied Doe her state constitutional rights under Ill. Const. Art. I, § 9 and her statutory right to post bond under Ill.Rev.Stat. ch. 38, §§ 110-7 and 110-9. The officers, according to Doe, violated Doe's rights to be free from unreasonable seizures, her right to equal protection under the law, and her right to due process. Doe seeks compensatory and punitive damages from Officers Moore, Green, and Richard Roe under 42 U.S.C. § 1981, 1983, and 1988; U.S. Const. Amendments VIII and XIV; Ill. Const. Art. I, § 9; and Ill.Rev.Stat., ch. 38, §§ 110-7 and 110-9.

Count II charges that Officers Thomas, Rowan, and Moe deprived Doe of her liberty without due process of law, her right to equal protection of the laws, her right to be free of false arrest and imprisonment, her right to bail, and her right to assistance of counsel. Doe claims further that she was denied the right to make any telephone calls as guaranteed under the Illinois Constitution. Doe seeks compensatory and punitive damages against Officers Thomas, Rowan, and Moe under 42 U.S.C. § 1981 and 1983; U.S. Const. Amendments V, VI, and XIV; Ill. Const. Art. I, § 9; and Ill. Rev.Stat. ch. 38, §§ 103-3(a) and (b).

Count III alleges that the strip search and body cavity search of Doe denied Doe of her liberty without due process of law, her right to be free from unreasonable searches and seizures, her right to be free from the use of excessive force, and her right to privacy. Doe seeks compensatory and punitive damages against Officers Rowan, Thomas, and Moe under 42 U.S.C. § 1981 and 1983.

Count IV alleges that the City of Chicago and the Superintendent of Police failed to provide the training, educating, and regulating of police officers with regard to strip searches and body cavity searches. Doe charges that defendants have a pattern or practice of strip searching and body cavity searching arrestees as part of the general booking procedure. Thus, Doe charges that the City of Chicago and the Superintendent deprived Doe of her right to privacy and her right to be free from unreasonable searches. Doe seeks compensatory damages against the City of. Chicago and the Superintendent under 42 U.S.C. § 1983.

Count V alleges that the City and the Superintendent of Police violated their duty to train, supervise, and educate the police officers, and thus, Doe was denied her constitutional right to post bond, her right to equal protection of the laws, her state constitutional right to telephone her attorney, her right to counsel, her right to be free from unreasonable searches, and her right to be read her Miranda ...


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