The opinion of the court was delivered by: PAUL PLUNKETT, Senior District Judge
MEMORANDUM OPINION AND ORDER
Gerald Chapala has sued Hoffman Estates and various of its officials
for their alleged violations of his federal constitutional rights and
state law. The case is before the Court on defendants' Federal Rule of
Civil Procedure ("Rule") 56(c) motion for summary judgment. For the
reasons set forth below, the motion is granted as to the federal claims
and the Court declines to exercise supplemental jurisdiction over the
On September 24, 2001, plaintiff was employed as a patrol officer by
the Hoffman Estates Police Department. (Defs.' LR 56.1(a)(3) Stmt. ¶¶
1, 5.) At the end of his shift, sometime between 11:00 p.m. and midnight,
plaintiff encountered defendant Caceres in the locker room.
(Id. ¶ 5.) Plaintiff says that Caceres repeatedly taunted
him saying, "Gerry, Gerry, your shotgun is talking to
you." (Id. ¶ 6.) Caceres denies that he taunted
plaintiff. Instead, he says, plaintiff was agitated when Caceres arrived
in the locker room and attacked Caceres without provocation while making
statements like "the end is near" and "the Giant is coming."
(Id. ¶ 7.)
Immediately afterwards, Caceres reported the incident to Lieutenant
Hish. (Id. ¶ 16.) Hish, in turn, called defendant
Richardson at home to relay the story. (Id.) The next morning,
Richardson told defendant Herdegen, the Chief of Police, what had
happened. (Id. ¶ 17.) Herdegen then scheduled a meeting
with the Village Manager, the Village Attorney and defendant Jones,
Director of the Village Department of Health and Human Services, to
discuss the situation. (Id. ¶ 18.) The three decided to
place plaintiff on paid administrative leave pending his completion of a
fitness for duty evaluation. (Id. ¶ 19.)
When Herdegen called to schedule the fitness evaluation, he discussed
the proposed plan of action with Dr. Selvig. (Id. ¶¶ 20-21.)
Selvig suggested that plaintiff be stripped of his weapons before
speaking with Herdegen and that he be taken to an emergency room for an
evaluation. (Id. ¶¶ 22-23.)
Herdegen told defendant Paez to meet plaintiff at the department's
entrance and take his weapons. (Id. ¶ 27.) Paez met
plaintiff and told him that Herdegen wanted to speak with him about the
events of the previous night. (Id. ¶¶ 28-30.) Paez asked
plaintiff for his off-duty weapon and plaintiff surrendered to him a gun
known as a K-40. (Id. ¶ 31.) Unbeknownst to Paez, plaintiff
also had high-powered, 9mm, semi-automatic pistol concealed in his
waistband, which he did not surrender. (Id. ¶¶ 32-33.) The
Department had not authorized plaintiff to carry that weapon.
(Id. ¶ 33.)
Plaintiff then went to Herdegen's office where he met with Herdegen and
Richardson. (Id. ¶ 34.) Herdegen told plaintiff that they
were launching an investigation into the incident that occurred the
previous evening and that he was being placed on administrative leave.
(Id. ¶¶ 38-39.) Herdegen also asked plaintiff to go to the
hospital for an evaluation, a request which plaintiff refused.
(Id. ¶ 43.) Herdegen asked plaintiff to reconsider, and
told him he would order to plaintiff to go, if necessary, and discipline
plaintiff if he refused to obey the order. (Id. ¶ 44.)
At that point, plaintiff asked to speak to a lawyer. (Id.
¶ 45.) After doing so, plaintiff told Herdegen that, though he did
not agree to go to the hospital, he would do so cooperatively.
Herdegen, Richardson and plaintiff went to the hospital together.
(Id. ¶ 47.) At the hospital, plaintiff surrendered the
concealed semi-automatic weapon to Herdegen. (Id. ¶¶ 49-50.)
Upon their arrival, a caseworker named Maria interviewed plaintiff.
When she finished, she told Herdegen that plaintiff should be signed into
the hospital. (Id. ¶¶ 55-57.) When Herdegen expressed
surprise, Maria said that she thought committing plaintiff was the
appropriate thing to do, given the previous evening's incident and the
comments plaintiff made during his interview with her. (Id.
At about the same time, Paez called Richardson at the hospital.
(Id. ¶ 62.) Paez told Richardson that he had found five
magazines, each with a thirty-round capacity, and 145 rounds of bullets
commonly used in an AK-47 assault rifle in a backpack plaintiff had left
in Paez's office. (Id. ¶¶ 64-65.) Richardson reported Paez's
discovery to Herdegen. (Id. ¶ 66.) Based on all of the
information he had received, Herdegen decided to sign the petition to
commit plaintiff. (Id. ¶¶ 70-71, 77.)
The physician who examined plaintiff in connection with the petition
was Dr. Giacomin. (Id. ¶ 84.) Given the description of the
precipitating incident and his own examination of plaintiff, during which
plaintiff evaded his questions and made repeated statements that the
doctor characterized as paranoid, Dr. Giacomin felt that plaintiff needed
to be hospitalized for an evaluation. (Id. ¶¶ 85-90.) After
Giacomin examined plaintiff, he concluded that plaintiff was mentally ill
and in danger of harming himself or others, (Id. ¶ 93.)
Ultimately, plaintiff was committed to Alexian Brothers Mental Health
Center on September 25, 2001, where he stayed until ...