February 1991. The Sheriff points to the fact that approximately 125,000 active warrants are pending on SPWA at any given time and argues it is not feasible to physically check the court files for each of these cases. Prevention of Ruehman's arrest, however, would not have required checking every active warrant. If the Sheriff had a policy of periodically checking the court files once an active warrant is one year old or two years old or even four years old, the erroneous listing as to Ruehman's warrant would have been discovered. Still, there is no evidence as to how many older warrants exist on the system at any given time. While it may be doubted that checking on warrants that are four years or more old is infeasible, that cannot be decided as a matter of law without more particular evidence as to the age of pending warrants being available.
The record also shows that Ruehman's warrant was deleted from LEADS within a few days after being recalled. Obviously, there was some means of being informed that the warrant had been recalled. Perhaps the responsible police agency was directly informed of his arrest. But regardless how it was known to delete the warrant from LEADS, once the warrant was deleted, a validation of the SPWA computer records with the LEADS records would have revealed the discrepancy and given the Sheriff reason to delete the SPWA listing, or at least check the court file. The Sheriff does not argue that a validation of SPWA records based on LEADS was infeasible. Therefore, there was a reasonable procedure that could have been implemented that would have prevented Ruehman's arrest on an outdated warrant.
As is otherwise discussed in Ruehman III, Ruehman had proved the other elements of his claim. Now that it is also held that the uncontested facts show that there was a feasible means for ensuring the accuracy of Ruehman's SPWA record, Ruehman is entitled to summary judgment on liability against the Sheriff in his official capacity. The question of damages remains to be resolved.
As was done following the November 22 ruling, the parties will be directed to file a pretrial order on the remaining issues in the case. However, upon entry of today's order, the Sheriff's notice of appeal as to denial of Eleventh Amendment immunity will become effective. That will require a stay of further proceedings as to Miller's claim against the Sheriff. See Apostol v. Gallion, 870 F.2d 1335 (7th Cir. 1989). It still would be possible to proceed on Hyde's claim against the City. Also, the only claim pending against the Sheriff at the time the December 17 notice of appeal was filed was the claim of Miller. The December 17 notice of appeal, therefore, is construed as not applying to Ruehman's claim against the Sheriff. Unless and until the Sheriff appeals the Eleventh Amendment ruling as to Ruehman, no stay is in effect as to Ruehman's claim. However, if a notice of appeal as to Ruehman's claim is filed, no further action will be taken as to that part of the case pending resolution of the appeal.
Hyde and the City should complete any remaining discovery. At the next status hearing, the Sheriff shall report on the status of any appeal as to Ruehman's claim against the Sheriff. The parties shall also be prepared to report on whether it would be appropriate to proceed with the filing of a pretrial order by Hyde and the City in order to try Hyde's claim separately from the remaining claims against the Sheriff.
IT IS THEREFORE ORDERED that:
(1) Defendant City of Chicago's motion to reconsider or, in the alternative, to clarify the order of November 22, 1993  is denied.
(2) Plaintiff Dean Hyde's motion to vacate judgment  is denied without prejudice as moot. Plaintiff Dean Hyde's amended motion to vacate judgment  is denied.
(3) Defendant Michael Sheahan's motion for reconsideration of portions of the court's order of November 22, 1993  is granted in part and denied in part. The order granting plaintiff Alan Miller summary judgment on liability against defendant Michael Sheahan is vacated.
(4) Plaintiff Keith Ruehman's motion to vacate judgment  is granted. The order dismissing plaintiff Keith Ruehman's damages claim against defendant Michael Sheahan in his official capacity is vacated. Defendant Michael Sheahan, in his official capacity as Sheriff of Cook County, is held to be liable on the claim of plaintiff Keith Ruehman.
(5) Defendant Michael Sheahan's motion to stay proceedings pending appeal is granted in part and denied in part. Action as to plaintiff Alan Miller's claim against defendant Michael Sheahan is stayed during the pendency of the appeal of that claim.
(6) Status hearing set for February 17, 1994 at 9:15 a.m. Any pending discovery between Hyde and the City of Chicago is to be completed by February 16, 1994.
William T. Hart
UNITED STATES DISTRICT JUDGE
Dated: JANUARY 12, 1994