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ANDERSON v. CITY OF CHICAGO

September 11, 1992

ANTHONY ANDERSON, Plaintiff,
v.
CITY OF CHICAGO, et al., Defendants.



The opinion of the court was delivered by: MILTON I. SHADUR

 Anthony Anderson ("Anderson"), currently confined in the Menard Correctional Center, has tendered a self-prepared Complaint under 42 U.S.C. ยง 1983 ("Section 1983") against the City of Chicago, its former Police Superintendent Leroy Martin, several Chicago Police Officers and four private citizens: "Dr. Hill," from Oak Park, Illinois; "John Doe," an unknown tow truck driver; and Patricia Taylor and Clarice Evans, the complaining witnesses against him in his criminal trial. In a nutshell Anderson claims "that City of Chicago police officers conspired together . . . with private parties . . . to have him falsely imprisoned."

 Anderson's Allegations1

 Anderson was arrested on March 19, 1989 by three police officer defendants who burst into his home without a warrant. While transporting Anderson to the police station, the police officers stopped the car by the side of the road so that Anderson could be identified by the two complaining witnesses.

 Then the officers drove Anderson to a restaurant on 45th and Halsted Street for questioning. While he was being questioned, other officers met with the unknown tow truck driver and instructed the driver to wipe clean an allegedly stolen car, thus removing any evidence that would vindicate Anderson of the crime of car theft.

 Next the arresting officers took Anderson to the police station, locked him in a small room and interrogated him, despite the fact that he had requested counsel. During the interrogation the officers told Anderson that they had received test results from Dr. Hill that showed that Anderson had sexually assaulted the alleged victim.

 Anderson was later identified in a lineup, and he was ultimately charged with and convicted of aggravated criminal sexual assault, robbery and possession of a stolen motor vehicle. He was sentenced to 30 years in prison. On June 30, 1992 the Illinois Appellate Court affirmed the convictions.

 Operative Standards

 Any litigant who seeks leave to proceed without paying a filing fee must satisfy two requirements:

 1. his or her financial inability to pay the filing fee plus

 2. the existence of one or more claims that is or are non-"frivolous" in the legal sense defined by Neitzke v. Williams, 490 U.S. 319, 104 L. Ed. 2d 338 , 109 S. Ct. 1827 (1989) and more recently reconfirmed and refined in Denton v. Hernandez, 118 L. Ed. 2d 340, 112 S. Ct. 1728, 1733-34 (1992).

 As for the first of those, Anderson has not provided the required application form with the necessary financial showing. *fn2" But even assuming that he could satisfy the ...


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