The opinion of the court was delivered by: Richard Mills, District Judge:
Cross-motions for summary judgment.
Plaintiff's husband, Raymond Ruhl, was being investigated by
the ISP in January, 1988, for solicitation to murder his wife
— the Plaintiff. In fact, during the investigation Plaintiff
was offered and accepted protective custody by the ISP. With
the assistance of a co-conspirator, Roger Arkebauer, the police
obtained sufficient evidence to authorize Ruhl's arrest. See
Arkebauer v. Kiley, 751 F. Supp. 783 (C.D.Ill. 1990).
Ruhl worked as a correctional officer at the Vandalia
Correctional Center. Ruhl was also believed by the ISP to run
a gun shop out of his home and had been heard to brag that he
was always armed — even while working at the prison in
violation of DOC regulations.
On January 15, 1988, ISP agents Virgil Lee Bensyl, David P.
McLearin, and Tamara J. Byers, with the assistance of their
superior officers, planned the arrest of Ruhl for the
solicitation to murder his wife. Michael Heltsley and Michael
McKinney, internal investigators for the DOC, were also asked
to assist in Ruhl's arrest.
The police consciously chose not to attempt Ruhl's arrest at
his home because of his ready access to guns. Further, because
Ruhl allegedly was armed at the prison where he worked, and
the police would have had to surrender their guns before
entering the prison, they chose not to arrest him at the
prison. Instead, the police, with the assistance of Alfred
Buscher, Vandalia's warden, devised a scheme in which Buscher
would contact Ruhl at home and ask him to assist the niece of
a fellow warden (played by Byers) whose car had broken down
near Ruhl's home.
At approximately 6:00 p.m. Ruhl approached the scene from
the south, made a U-turn, and parked approximately 15 feet
behind Byers' vehicle on the west side of the highway. Byers,
posing as a stranded motorist, approached Ruhl's vehicle and
spoke with Ruhl through the open, driver's side window. Ruhl
refused to leave his car which he left running with the
transmission in gear.
When Ruhl refused to leave his car, Bensyl also walked back
to Ruhl's car. McLearin at this time signaled Heltsley and
McKinney to move in as back up. When Bensyl arrived at Ruhl's
vehicle he stood slightly behind and to the left of Byers at
the driver's side window. ...