Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

TAYLOR v. CASTANEDA

June 29, 1990

JULIA TAYLOR, as Special Administrator of the Estate of JOHNNY TAYLOR, Deceased, Plaintiff,
v.
OFFICER EFREN CASTANEDA, OFFICER PAMELA BURMISTRZ, and the CITY OF CHICAGO, a municipal corporation, Defendants


James H. Alesia, United States District Judge.


The opinion of the court was delivered by: ALESIA

JAMES H. ALESIA, UNITED STATES DISTRICT JUDGE

 In October, 1987, plaintiff, Julia Taylor, acting as special administrator of the estate of Johnny Taylor ("Taylor"), filed this two-count action against Chicago police officers Efren Castaneda and Pamela Burmistrz and the City of Chicago ("City"). Count I, the allegations of which are not at issue here, is directed against the two individual officers. In Count I, plaintiff alleges that officers Castaneda and Burmistrz shot Taylor while he was running away, that their use of deadly force was unnecessary, and that their use of deadly force constituted an unreasonable seizure under the Fourth and Fourteenth Amendments, in violation of 42 U.S.C. § 1983.

 Count II is directed solely against the City and is the subject of the motion now before the Court. In Count II, plaintiff alleges that the City failed to adequately train its police officers by allowing them to use deadly force where it was not authorized by law, in violation of 42 U.S.C. § 1983. Plaintiff further alleges that the City's "grossly inadequate" training program directly and proximately caused Taylor's death.

 In response to plaintiff's complaint, the City filed a motion to dismiss Count II pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The motion was referred to Magistrate Bucklo for a Report and Recommendation. Magistrate Bucklo recommended that this Court deny the City's motion. The City then filed objections to the Magistrate's Report and Recommendation. This Court has reviewed the parties' underlying briefs, the Magistrate's Report and Recommendation, and the City's objections. For the reasons set forth in this order, we reject the Magistrate's Report and Recommendation, sustain the City's objections, and grant the City's motion to dismiss Count II.

 I. Plaintiff's Allegations

 In Count II of the complaint, plaintiff alleges that on October 18, 1985, Taylor was at or near his residence at 5316 South Justine in Chicago. On that date, officers Castaneda and Burmistrz were dispatched by the Chicago Police Department to respond to an alleged domestic disturbance, which they were told involved Taylor. Upon the officers' arrival, Taylor tried to flee the area of his residence. The officers then chased Taylor as he attempted to flee, shooting him three times and killing him. According to plaintiff, Taylor's death resulted from the "grossly inadequate training" of the defendant officers.

 II. Magistrate's Conclusions

 Accepting plaintiff's allegations as true, the Magistrate concluded that Count II of plaintiff's complaint adequately pleaded a policy claim against the City under Section 1983. As a result, the Magistrate recommended that this Court deny the City's motion to dismiss Count II.

 III. Standard of Review

 Pursuant to 28 U.S.C. § 636(b)(1), this Court must conduct a de novo review of the portions of the Magistrate's Report to which the City objects. Consequently, we address the City's objection that the allegations in Count II are insufficient as a matter of law to state a cause of action based on a City policy violating 42 U.S.C. § 1983.

 IV. Sufficiency of Allegations Contained in Count II

 Plaintiff's "failure to train" claim is comprised of the following allegations:

 
(1) that the City was required to train, instruct, supervise, control, and ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.