The opinion of the court was delivered by: DAVID COAR, District Judge
MEMORANDUM OPINION AND ORDER
Before this Court are two motions to dismiss James T. Moton's ("Moton"
or "Plaintiff) Complaint. The first motion was filed on behalf of B.
Haxall, a Lake County Assistant State's Attorney. The second motion to
dismiss was filed on behalf of Brookhaven Apartments, the Village of
Gurnee, and several Police Officers of the Village of Gurnee: Tokarz
(Badge Number 135), Deperte, (Badge Number 122), and Robert Januez.*fn1
For the reasons set forth below, Defendants' motions to dismiss are
GRANTED. Additionally, for the reasons set forth below, Plaintiffs claims
against Maria Protine and Doris C. Moore are dismissed in their
Moton is a resident of Brookhaven Apartment Complex ("Brookhaven"), a
federal housing project located in Gurnee, Illinois. Plaintiffs Complaint
arises from three separate incidents that occurred in Brookhaven on
January 5, 2001, March 29, 2001, and March 30, 2001. All three incidents
involve disputes with Doris Moore ("Moore"), Moton's neighbor. Each
incident will be addressed in turn.
I. January 5, 2001 Incident
On December 1, 2000, Moore made a complaint against Moton to the Gurnee
Police Department, and reported that Moton banged on the walls between
their apartments, thereby causing a disturbance. (Pl. Comp. ¶ 10).
Gurnee Police Officer Tokarz (Badge Number 135) ("Tokarz") responded to
Moore's Complaint and issued a disorderly conduct citation to Moore and a
summons to appear in the Circuit Court of the Nineteenth Judicial
Circuit, Lake County, Illinois on January 5, 2001. (See PL Ex. E).
Neither Tokarz nor Moore appeared in court on January 5, 2001, and the
case was dismissed. (PL Comp. ¶ 10) Moton claims that the intimidation
and harassment related to the disorderly conduct citation caused Moton
time, pain, suffering, and money, and alleges that it was an abuse of
police power for Tokarz to issue the citation to him. (PL Comp. ¶ 11).
II. March 29, 2001 Incident*fn2
On the evening of March 29, 2001, Moton called the Gurnee Police
Department to report a disturbance in Moore's apartment, which he
believed was being caused by Moore's son.
About five minutes after calling the police, Moton went outside to
wait for their arrival.
Approximately ten minutes after going outside, Moton noticed a police
car approach his wing of the apartment complex, which he believed was
responding to his call. However, the police car turned into another
section of the complex. Moton went to search for the police car, but as
soon as he turned the comer, he saw Moore come towards him in an
aggressive manner. Moore ran towards Moton, pushed him back with her
chest, and used explicit language towards him. Moton believed that Moore
wanted to start a physical altercation with him; therefore, he took his
right hand and pushed Moton away from him, and attempted to walk away.
However, Moore became more aggravated, began screaming, and Moore, her
two sons, and a friend of one of the sons surrounded Moton. Moore told
one of her sons to retrieve a stick from the house, which he did. The
friend of Moore's son blocked the sidewalk in an attempt to prevent Moton
from entering his apartment. Moton began to back up, and as a
consequence, fell backwards. Moore's sons kicked Moton in his side, and
continued to attempt to hit him. Moore advanced towards Moton, and swung
the stick towards Plaintiff, hitting him two or three times in the back.
Moton blocked Moore's advances with his elbow. Moore struck Moton in the
nose with her stick, which caused the Plaintiff to bleed profusely. Moton
claims that the police in the squad car he observed prior to this
incident should have seen and/or heard the altercation, but failed to do
anything to stop it. Approximately thirty-five minutes after Moton called
the police, Officer Deperte (Badge Number 122) ("Deperte") arrived on the
scene, and Moton described the altercation to Deperte. After receiving
Moton's version of the events, Deperte went to Moore's apartment to speak
with her. Subsequently, Deperte returned to Moton's apartment and asked
him if he would like an ambulance due to his significant blood loss, but
Moton refused. Immediately thereafter, Deperte
spoke with some of Moton and Moore's neighbors, including Moore's
sons, in order to obtain more information about the altercation, but he
could not find any independent corroborating witnesses. Subsequently,
Deperte issued battery citations to Moton and Moore. (Pl. Ex. A-H). Later
that evening, Moton went to the hospital, where he was informed that he
had a hairline fracture to his nose. Moton claims that Deperte filed
false charges against him, and abused his authority as a police officer
by issuing a citation for battery to him. (Pl. Comp. ¶ 14).
III. March 30, 2001 Incident*fn3
On March 30, 2001, the Gurnee Police Department received a complaint
from Moore that Moton knowingly faced his stereo speakers against the
wall adjacent to Moore's apartment, and played his music at a loud volume
in order to disturb her. Based on this Complaint, three police officers,
including Police Officer Robert Januez ("Januez"), went to Moton's
residence. Moton answered the door, and the police informed him that they
wanted to check the configuration of his stereo equipment. The officers
asked Moton if they could come into his apartment. Moton asked the
officers if they had a search warrant Januez replied that they did not
need a search warrant, because they had a complaint, and that they were
coming in to arrest him. Plaintiff replied "okay," and the officers
walked into his apartment, arrested Moton, and charged him with
disorderly conduct. (See PI. Ex. C-A; See also Pl. Ex. C-E).
Subsequently, Officer Januez took Moton to the police station, processed
him, and brought him home in about one hour. On July 6, 2001, the court
for the Circuit Court of the Nineteenth Judicial Circuit, Lake County,
Illinois, found Moton guilty of disorderly conduct, in violation of 720
ILCS 5/26-1(a)(1). (Pl. Ex. C-M).
The court ordered supervision of Moton through and including December
28, 2001, and for Moton to pay a fine of $100. (Pl. Ex. C-L).
Additionally, the Court ordered Moton not to play his music so loud as to
alarm and disturb Moore or any of his neighbors. (PL Ex. C-M).
Plaintiffs claims against James B. Haxall ("Haxall"), a Lake County
Assistant State's Attorney, arise from Court proceedings related to
Moton's disorderly conduct citation. Moton contends that Haxall failed to
adequately investigate the charges against him, and conspired with Moore,
Maria Protine ("Protine"), manager of Brookhaven, and Januez to frame
Moton, in order to force a finding of guilty on the disorderly conduct
charges. (Pl. Comp. ¶ 23).
I. Legal Standard for a Motion ...