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WILLIAMS v. CICERO POLICE DEPARTMENT

United States District Court, Northern District of Illinois, Eastern Division


April 14, 2003

CLYDE WILLIAMS, PLAINTIFF,
v.
CICERO POLICE DEPARTMENT, DEFENDANT.

The opinion of the court was delivered by: Milton I, Shadur, Senior United States District Judge

MEMORANDUM OPINION AND ORDER

On April 11, 2003 there were delivered to this Court's chambers both (1) the properly-filled-out Motion for Appointment of Counsel ("Williams' Motion"), identifying a number of unsuccessful efforts by pro se 42 U.S.C. § 1983("Section 1983") plaintiff Clyde Williams ("Williams") to retain counsel on his own*fn1 and (2) the motion to dismiss filed by the Town of Cicero ("Cicero," which came into the case instead of Williams' incorrectly named defendant, the "Cicero Police Department").*fn2

If Williams' self-prepared Complaint stood any chance of keeping him in court in the face of Cicero's motion, this Court that negates a Fourth Amendment violation even though Williams turned out to be the wrong person (Marshall and cases cited there).

That being the case, as stated at the outset of this opinion, Ciceros Rule 12(b)(6) motion is granted. And because Williams' candid allegations provide no wiggle room for changes that would arguably wrap him within a Section 1983 mantle, this action is dismissed as well. That renders Williams' Motion moot, and it is denied on that ground.

ATTATCHMENT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
CLYDE WILLIAMS

Plaintiff(s)

v. CASE NO. 03C 1821

CICERO POLICE DEPTARTMENT AND PARTIES

Defendant(s)

COMPLAINT

On or about March 6, 2003, while walking to the bus station with a friend, I was stopped by an officer fo the Cicero Police Department, handcuffed and told that I fit the description of a person wanted for murder. I was told our descriptions were simular, our social security numbers were simular, and our birthdays were simular.

I then told officers that it was not me and to clear matters up all he had to do was check my wallet for my identification. Officers then removed my (State of Illinios I.D. card), (social security card), my (medical insurance card), and other various forms of I.D. But officers still refused to uncuff and release me. Instead, I was placed into a Cicero Police car still cuffed and transported to the Ciciero Police Department, fingerprinted, and locked up until my fingerprints cleared and was then released.

Wherefore, I was negated constitutional rights, false arrest, and equal protectin under the law and fundimental fairness. Thank you and God Bless. /s/______________ CLYDE WILLIAMS


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