The opinion of the court was delivered by: AMY ST. EVE, District Judge
MEMORANDUM OPINION AND ORDER
Plaintiff Michael Crane ("Crane") has brought the present
three-count First Amended Complaint alleging false imprisonment
in violation of the Fourth Amendment, malicious prosecution under
Illinois law, and a respondeat superior claim against Defendants
Wilmington Police Department, the City of Wilmington, and the
individual police officers. Before the Court is Defendants'
Motion for Summary Judgment pursuant to Federal Rule of Civil
Procedure 56(c). For the following reasons, the Court grants
I. Northern District of Illinois Local Rules
The Court derives the facts in the background section from the
parties' Northern District of Illinois Local Rule 56.1 Statements
of Fact. Facts in the parties' statements that are not
controverted are deemed admitted if supported by the record. See
Smith v. Lamz, 321 F.3d 660, 683 (7th Cir. 2003). Responses that do not cite to
specific references to the affidavits, depositions, and other
supporting materials are subject to the Court's discretion as to
their admission. See Ammons v. Aramark Unif. Servs., Inc.,
368 F.3d 809, 817-18 (7th Cir. 2004); Brasic v. Heinemann's
Inc., 121 F.3d 281, 284 (7th Cir. 1997). With these
standards in mind, the Court turns to the facts of this case.
On December 13, 2001, James Riggs and his sister Valerie Riggs
went to a laundromat in Wilmington, Illinois. (R. 29-1, Defs'
Local Rule 56.1 Statement, ¶ 1.) Valerie drove them to the
laundromat and on the way, they picked up James' girlfriend.
(Id. ¶ 2.) That same day, Crane and his two friends, Jacob
Peters and Sean Doyle, were riding their bicycles. (Id. ¶ 3.)
While riding their bicycles, Crane and his friends stopped to
talk to another friend, Sylyna Ficarella, who had pulled her car
over at the laundromat. (Id.; R. 44-1, Pl.'s Local Rule 56.1
Statement of Add'l Facts, ¶ 1.) Crane, Peters, Doyle, and
Ficarella were standing outside of the laundromat when Stephen
Krand and Jeremy Hicks arrived. (Defs' Stmt. ¶ 3, Pl.'s Stmt. ¶
1.) Shortly thereafter, Krand went into the laundromat to use the
bathroom. (Defs' Stmt. ¶ 4, Pl.'s Stmt. ¶ 3.)
After a few minutes, Hicks followed Krand into the laundromat
and then quickly returned. (Defs' Stmt. ¶ 5.) Hicks stated that
he had gone inside and kicked the bathroom door while Krand was
using the bathroom. (Id., Pl.'s Stmt. ¶ 3.) A few minutes
later, Krand came out of the laundromat and was very upset.
(Defs' Stmt. ¶ 6, Pl.'s Stmt. ¶ 4.) Krand asked who had kicked
the door open. (Defs' Stmt. ¶ 6.) Hicks told him that someone
from the back part of the laundromat had done so. (Id., Pl.'s
Stmt. ¶ 4.) Krand then went back inside the laundromat. (Defs' Stmt. ¶ 6, Pl.'s Stmt ¶ 4.)
Meanwhile, James Riggs noticed that people had come into the
laundromat while he was doing laundry and he went outside to the
back of the laundromat because he did not want any trouble.
(Defs' Stmt. ¶ 8.) Valerie Riggs, however, did not initially go
outside when the person came into the laundromat to use the
bathroom. (Id. ¶ 9.) When Valerie first saw this person enter
the laundromat, she thought it was Crane. (Id.) Eventually,
Valerie went outside to join James and his girlfriend. (Id. ¶
A short time later, Valerie returned to the laundromat where
she was confronted by a person who asked her who had opened the
bathroom door and she told him that she did not know what he was
talking about. (Id. ¶ 11.) After confronting her, this person
went outside to confront James Riggs. (Id.; Pl.'s Stmt. ¶ 5.)
While back in the laundromat, the person started yelling at James
and accused James of having opened the bathroom door. (Defs'
Stmt. ¶ 12, Pl.'s Stmt. ¶ 5.) The two of them then argued. (Defs'
Stmt. ¶ 12.) During the argument, the person punched James in the
nose. (Id. ¶ 13.) At that time, Valerie thought that it was
Crane who had punched James in the nose. (Id. ¶ 14.) After her
brother was punched, Valerie jumped on the person. (Id. ¶ 15,
Pl.'s Stmt. ¶ 5.)
After the incident, James Riggs went back into the laundromat
to get tissues for his bloody nose. (Defs' Stmt. ¶ 19.) Valerie
Riggs meanwhile called the police to report what had happened.
(Id.) City of Wilmington Police Officers Delaney and Denault
then met with James and Valerie Riggs at the laundromat. (Id. ¶
21, Def.'s Ex. 4, Denault Dep. at 15; Pl.'s Stmt. ¶ 9.) Valerie
explained to the officers what had happened, describing the
assailant as clean shaven, approximately six feet tall with dark
hair, 18-25 years old, wearing a hat, black jacket, and blue jeans. (Defs' Stmt. ¶ 22; Pl.'s Stmt. ¶ 10.) The only description
James gave was that the person smelled of alcohol. (Defs' Stmt. ¶
23, Pl.'s Stmt. ¶ 10.) The officers then canvassed the area.
(Defs' Stmt. ¶ 25, Pl.'s Stmt. ¶ 14.)
Meanwhile, Donald Riggs met his children, Valerie and James, at
the fire department where they had gone to get James medical
treatment. (Defs' Stmt. ¶ 26.) When Donald Riggs arrived, the
paramedics were treating James, so Valerie told her father what
had happened at the laundromat. (Id.) Donald Riggs then left
the fire department and started driving around to see if he could
find out if anyone saw anything. (Id. ¶ 27, Def.'s Ex. 6, at
14-15.) Donald Riggs met up with Officer Delaney, who explained
to him that they were canvassing the area. (Id.)
As Officer Denault was canvassing the area, he saw three
juveniles on bicycles riding toward him. (Id. ¶ 28, Pl.'s Stmt.
¶ 14.) One of the juveniles pulled a hood over his head and
continued riding toward the officer while the other two went in
the opposite direction. (Defs' Stmt. ¶ 28.) Officer Denault did
not recognize the juveniles who went in the opposite direction.
(Id., Pl.'s Stmt. ¶ 14.) Officer Denault then activated his
emergency lights and directed the juvenile on the bicycle to
approach him. (Defs' Stmt. ¶ 29.) The juvenile was Sean Doyle.
(Id., Pl.'s Stmt. ¶ 14.) Officer Denault asked Doyle if he had
been at the laundromat and Doyle responded that he had. (Defs'
Stmt. ¶ 30.) Doyle also told him that Crane and Peters had been
at the laundromat. (Id., Pl.'s Stmt. ¶ 15.) Doyle did not give
Officer Denault any additional information at that time. (Defs'
Stmt. ¶ 30, Pl.'s Stmt. ¶ 15.)
After Officer Denault spoke to Doyle, the officer arranged for
Valerie and James Riggs to drive to the location to determine if
they could identify Doyle as the assailant. (Defs' Stmt. ¶ 31.)
Valerie indicated that although Doyle was present at the
laundromat, he was not the person who had punched James. (Id. ¶ 32, Pl.'s Stmt. ¶ 16.) After
Valerie indicated that ...