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.

11/26/96 WILLIAM E. DAVIS AND PAMELA DAVIS v. JAMES

November 26, 1996

WILLIAM E. DAVIS AND PAMELA DAVIS, PLAINTIFFS-APPELLANTS,
v.
JAMES TEMPLE AND THE CITY OF CARBONDALE, ILLINOIS, DEFENDANTS-APPELLEES.



Appeal from the Circuit Court of Jackson County. No. 95-L-19. Honorable William G. Schwartz, Judge, presiding.

The Honorable Justice Goldenhersh delivered the opinion of the court: Rarick and Kuehn, JJ., concur.

The opinion of the court was delivered by: Goldenhersh

The Honorable Justice GOLDENHERSH delivered the opinion of the court:

Plaintiffs, William E. Davis and Pamela Davis, appeal from the judgment of the circuit court of Jackson County granting a motion to dismiss their complaint. The motion to dismiss was filed by defendants, James Temple, a police officer with the City of Carbondale, and the City of Carbondale.

Plaintiffs brought the present action to recover damages allegedly caused by Officer Temple while he was acting in his capacity as a police officer for the city. Plaintiffs filed a seven-count complaint against defendants. Counts I through V were brought by William. Count I was against Officer Temple and alleged malicious prosecution. Count II was against the city under a theory of respondeat superior and likewise alleged malicious prosecution. Count III was against Officer Temple and count IV was against the city; both alleged false arrest. Count V was against the city and alleged negligent retention of an employee, namely, Officer Temple. Counts VI and VII were brought by Pamela against Officer Temple and the city, respectively. Counts VI and VII alleged invasion of privacy, more specifically, the tort of unreasonable intrusion upon the seclusion of another. On appeal, we must determine as to counts I through V whether William alleged sufficient facts to sustain a cause of action for the alleged torts. As to counts VI and VII, we must first determine whether a cause of action exists in Illinois for unreasonable intrusion upon the seclusion of another, and, if so, whether Pamela sufficiently alleged such a cause of action in counts VI and VII. We affirm with one exception. We expressly recognize a cause of action for unreasonable intrusion upon the seclusion of another. However, we find the facts alleged in counts VI and VII insufficient to state that cause of action.

FACTS

Plaintiffs are husband and wife. At the time of the alleged occurrences, Pamela was employed by Bud's Warehouse. William was also an employee of Bud's Warehouse but was discharged from that employment on January 20, 1994. Plaintiffs filed their original action on February 9, 1995. The trial court granted defendants' motion to dismiss all seven counts but allowed plaintiffs leave to amend. On May 18, 1995, plaintiffs filed their first amended complaint.

Plaintiffs' first amended complaint alleged that on January 20, 1994, Officer Temple, in the course of his duty as a police officer, was called to Bud's Warehouse to investigate a reported criminal damage to property. Plaintiffs further alleged that from January 20, 1994, until February 9, 1994, Officer Temple engaged "in a course of conduct of hounding and harassing" both William and Pamela "in an attempt to coerce a confession" from William on the criminal damage charge. In count I, William alleged a cause of action against Officer Temple for malicious prosecution, specifically alleging as follows:

"3. That on February 18, 1994, the Defendant James Temple, motivated by malice[,] did cause to be filed a criminal action, namely, Jackson County No. 94-CM-82, against this Plaintiff, by preparing and submitting to the Jackson County State's Attorney an 'Affidavit of Probable Cause,' which contained false information. Defendant failed to obtain a Uniform Complaint form signed by the alleged victim, and in fact, prepared and filed said Affidavit of Probable Cause without consulting with or informing the alleged victims of his intent to charge the Plaintiff William E. Davis with Assault. Defendant submitted this 'Affidavit of Probable Cause' although he knew that said charges were unjustified and that probable cause for the prosecution of this plaintiff was lacking." (Emphasis in original.)

Count II made the same allegations against the city under a theory of respondeat superior.

In count III, William alleged a cause of action against Officer Temple for false arrest, specifically alleging as follows:

"3. That on January 20, 1994, the Defendant James Temple, in the course of his duty as a Carbondale Police officer, was called to Bud's Warehouse in Carbondale, Illinois, to investigate a reported criminal damage to property.

4. That from January 20, 1994, until February 9, 1994, the Defendant James Temple[] did engage in a course of conduct of hounding and harassing the Plaintiff, William Davis, in an attempt to coerce a confession to the aforesaid criminal damage to property charge.

5. That on February 9, 1994, the harassment by the Defendant James Temple reached such an extent that the Plaintiff filed a complaint with both the Carbondale Police Department and the Jackson County State's Attorney's office, alleging police misconduct.

6. That on February 10, 1994, the Defendant, James Temple, in retaliation for Plaintiff's filing of the police misconduct complaint, did prepare and submit to the Jackson County State's Attorney an 'Affidavit of Probable Cause,' which contained false information. Defendant failed to obtain a Uniform Complaint form signed by the alleged victim, and in fact, prepared and filed said Affidavit of Probable Cause without consulting with or informing the alleged victims of his intent to charge the Plaintiff William E. Davis with Assault. Defendant submitted this 'Affidavit of Probable Cause' and did cause a warrant to issue for the arrest of the Plaintiff upon the charge of Assault.

7. That Defendant James Temple filed the 'Affidavit of Probable Cause' without any probable cause, and did so out of malice, and that the arrest of ...


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.