The opinion of the court was delivered by: GETTLEMAN
Plaintiff, Michael David, has filed a six-count first amended complaint against defendants Village of Oak Lawn ("Village"), Chief of the Oak Lawn Police Department, James P. Houk ("Chief Houk"), and Oak Lawn Police Officers T. Vorderer ("Captain Vorderer"), G. Doyle, D. Keenan, and J. Martin. The complaint seeks damages for injuries plaintiff claims he suffered when he was allegedly attacked and beaten by members of the Oak Lawn Police Department during a routine traffic stop. Defendants have moved to dismiss or in the alternative for summary judgment on Counts IV and VI. For the reasons set forth below, defendants' motion for summary judgment is granted on both counts.
On the afternoon of December 17, 1994, plaintiff was driving a car in Oak Lawn. At the intersection of 95th Street and Cicero Avenue, plaintiff was pulled over by officers of the Oak Lawn Police Department ("department"). Officers Doyle, Keenan, and Martin then arrested plaintiff. This was the only time that plaintiff had had any contact with the department or the officers involved. The parties dispute the circumstances leading to the arrest.
Several months after plaintiff's arrest, plaintiff called someone at the Village of Oak Lawn and told that person that he wanted to file a complaint with the internal affairs complaint office. Plaintiff contends that he spoke with someone at the police department, but does not recall to whom he spoke or when the call was made. Plaintiff believes that he was told that the police department did not have an internal complaint office, and that he would have to direct all complaints through a lawyer.
On August 17, 1995, the criminal charges against plaintiff were stricken with leave to reinstate. Thereafter, plaintiff retained attorney Christopher W. Helt. Mr. Helt sent a letter dated October 20, 1995, to the department, stating that he had been retained by plaintiff and requesting a formal investigation into the circumstances surrounding plaintiff's arrest. Chief Houk apparently assigned Captain Vorderer to conduct the investigation. Thereafter, Mr. Helt received a letter from Captain Vorderer dated November 10, 1995, stating that Vorderer had conducted the requested investigation and, based on his factual findings, had determined that the officers "acted within acceptable standards during a difficult situation."
On December 15, 1995, plaintiff filed a nine-count complaint against the Village and six of its employees. Count VI of the original complaint was brought against Houk and Vorderer in their individual capacities for engaging in a conspiracy to obstruct the police department's investigation of plaintiff's arrest. On April 23, 1995, the court dismissed Count VI with prejudice for failure to state a claim. On May 13, 1996, plaintiff filed his first amended complaint, again including conspiracy allegations against Houk and Vorderer in Count VI. On August 23, 1996, the court again dismissed Count VI to the extent that it alleged a conspiracy and granted plaintiff leave to file an amended complaint.
On September 6, 1996, plaintiff filed his third-amended complaint, asserting in Count VI a claim under 42 U.S.C. § 1983 for obstruction of justice against Houk and Vorderer for their alleged failure to properly investigate the circumstances surrounding plaintiff's arrest and demanding $ 7,500,000. in damages, plus 12% interest, costs and attorney's fees. Count IV of the complaint alleges false arrest and malicious prosecution against all defendants. Defendants bring the instant motion to dismiss or in the alternative for summary judgment on Counts IV and VI.
I. Summary Judgment Standard1
A court should grant summary judgment if "there is no genuine issue of material fact and . . . the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The burden is on the moving party to identify portions of the pleadings, answers to interrogatories, and affidavits which demonstrate an absence of a genuine issue of material fact. Id. ; Celotex Corp. v. Catrett, 477 U.S. 317, 323, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986). The burden then shifts to the non-moving party to "set forth specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(c). The simple assertion that a factual dispute exists is not enough to defeat a Rule 56(c) motion. To defeat a motion for summary judgment, the non-moving party must set forth specific facts, through affidavits or other materials, that demonstrate disputed material facts. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986). In deciding a motion for summary judgment, the court must read the facts in a light most favorable to the non-moving party. Id., 477 U.S. at 255.
Pursuant to Local Rule 12(M)
, defendant has filed a statement of undisputed facts. Plaintiff has filed a response under Rule 12(N)(3)(a) and a statement of additional facts under Rule 12(N)(3)(b). Defendant has not filed a "reply" to plaintiff's statement of additional facts. Contrary to the requirements of Rule 12(N), plaintiff's response sets forth additional facts, and plaintiff's 12(N)(3)(b) statement presents various facts without proper citations and makes several legal arguments. To the extent plaintiff's submissions fail to comply with Rule 12(N), they are stricken.
Count IV alleges false arrest and malicious prosecution against all defendants. Under Illinois law, a claim for malicious prosecution must include: (1) the commencement or continuance of an original or criminal judicial proceeding by the defendant; (2) termination of the prosecution in favor of the plaintiff in a manner indicative of the innocence of the plaintiff; (3) the absence of probable cause for such proceeding; (4) the presence of malice; and, (5) damages resulting to the plaintiff. Bradley v. Avis Rental Car System, Inc., 902 F. Supp. 814, ...