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TAYLOR v. PALADINES

October 28, 1997

PAULA TAYLOR, Plaintiff,
v.
J.A. PALADINES and THE VILLAGE OF OAK PARK, a municipal corporation, Defendants.



The opinion of the court was delivered by: DENLOW

 I. INTRODUCTION

 Plaintiff Paula Taylor ("Taylor") filed a one-count First Amended Complaint against defendants J.A. Paladines ("Paladines"), an Oak Park police detective, and the Village of Oak Park ("Village"), under 42 U.S.C. § 1983 alleging that defendants violated her constitutional rights by reason of an illegal arrest and detention. *fn1" Taylor withdrew her complaint against the Village. For the reasons stated below, the Court grants Paladines' motion for summary judgment because he is protected by the affirmative defense of qualified immunity.

 II. SUMMARY JUDGMENT STANDARD

 Summary judgment is proper under Rule 56(c) when the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, demonstrate the absence of a genuine issue of material fact." Fed. R. Civ. P. Rule 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S. Ct. 2548, 2552, 91 L. Ed. 2d 265 (1986). A "genuine issue of material fact" exists if there is sufficient evidence for a jury to return a verdict in favor of the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S. Ct. 2505, 2510-11, 91 L. Ed. 2d 202 (1986). While all inference from the record must be made in a light most favorable to the non-moving party, this Court is not required to draw "every conceivable inference from the record--only those inferences that are reasonable." Bank Leumi Le-Israel v. Lee, 928 F.2d 232, 236 (7th Cir. 1991).

 III. FACTUAL BACKGROUND

 A. PURSE SNATCHING

 We draw our version of the facts from the parties' Local Rule 12 submissions. On April 8, 1995, Jennette Slaughter's purse was stolen in Oak Park by an African-American male who fled the scene in a blue Buick with Illinois license KSB892. Def.'s Rule 12(m) Ex. A. A check of the license plate registrations revealed that Rashaudra Young ("Young") owned the vehicle. When Oak Park Police could not locate Young at her last known address of 4401 North Clark Street in Chicago, they notified the Chicago Police Department of the vehicle's and suspect's descriptions. 12(m) P 8.

 B. CHECK PASSING

 C. THE ARREST

 On May 16, 1995, an Oak Park detective contacted the Chicago Police Department and obtained information that seven parking tickets had been issued between March 23 and May 11, 1995, to a late-model, blue Buick with license plate number KSB892. 12(m) PP 10, 20. The tickets were issued to the vehicle in the 1600 and 1700 blocks of North Kimball. 12(m) Ex. B. Oak Park detectives searched the area but could not locate the car. 12(m) P 10.

 On the morning of May 19, 1997, Oak Park police detectives Paladines and Peter Karkowski went to the vicinity of 1710 North Kimball to again look for the Buick. 12(m) P 17. They located the car and surveilled it. Between 7:30 and 7:45 a.m., the detectives observed an African-American woman (later determined to be Taylor) enter the car and drive away. Id.

 The detectives pulled the car over two blocks away and questioned Taylor to determine if she was Young, the registered owner of the car. 12(m) P 19. Taylor told Paladines that she was not Young and that she had just borrowed the car that day to go to a job interview and that she did not know where Young was or how to reach her. Pl.'s Resp. to Def.'s 12(m) PP 19 and 23. Taylor did not have any information about how Young could be contacted. Id. P 8. Paladines informed Taylor that the car had been used in a robbery and that she would be required to go with them to the Oak Park police station. Pl.'s Resp. to Def.'s 12(m) PP 21-22. Taylor objected and again told the police that she was on her way to a job interview. 12(m) P 19. Taylor was arrested and ...


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