Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Chapman v. Village of Franklin Park

October 1, 2008

LAMAR C. CHAPMAN III, PLAINTIFF,
v.
THE VILLAGE OF FRANKLIN PARK, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Samuel Der-Yeghiayan United States District Court Judge

MEMORANDUM OPINION

SAMUEL DER-YEGHIAYAN, District Judge

This matter is before the court on Defendants' motions to dismiss. For the reasons stated below, we grant the motions to dismiss.

BACKGROUND

Plaintiff Lamar C. Chapman III ("Chapman") alleges that on June 7, 2005, he went to a grocery store and that when he exited the store and proceeded to his car, he found officers Defendant Jason Ignus ("Ignus") and Defendant Patrolman Camp ("Camp") waiting by his car ("Car"). Ignus and Camp allegedly informed Chapman that they had a warrant for his arrest. Chapman claims that he was arrested and the Car was towed. According to Chapman, while he was being interrogated at the police station, Ignus, Camp, and Defendant Patrolman Konwinski ("Konwinski") left the interview room and went to the tow yard and searched the Car. Chapman contends that he never gave permission for the Car to be searched.

According to Chapman, after approximately seven and a half hours of interrogation, Konwinski allegedly telephoned Defendant Timothy Martin ("Martin"), who is a sales and marketing employee of Defendant Motor Werks of Barrington, Inc. ("Motor Werks"). Chapman alleges that Martin appeared at the police station and lied to the officers present, telling them that Motor Werks held the title to the Car. Chapman contends that Motor Werks did not hold the title for the Car, but that an unidentified "third party" held the title to the Car. (A. Compl. Par. 52). Chapman further alleges that Defendants prepared a false police report indicating that Motor Werks held the title for the Car.

Chapman was allegedly held in jail overnight and was taken to court on June 8, 2005. Chapman allegedly learned in court that he was being charged with possession of a stolen motor vehicle. Chapman claims that on June 8, 2005, the state's attorney "nollee [sic] prosecuted the purported possession of the stolen motor vehicle and criminal trespass to a motor vehicle claim." (A. Compl. Par. 59)(emphasis in original). Chapman, however, allegedly continued to be held under a "fugitive 'warrant hold.'" (A. Compl. Par. 60). Chapman contends that he was held in a violent unit of the county jail and that while in the jail he was denied medication and denied access to a telephone to speak with a lawyer. Chapman was also allegedly confined in a cell with an inmate who was being treated for a contagious form of tuberculosis.

On April 26, 2006, Chapman was allegedly released on bond, but on June 12, 2006, the state prosecutor allegedly pursued the same charges against Chapman that had been previously dismissed. On November 13, 2006, Chapman's bond was allegedly summarily revoked and he was sent back to the county jail. Chapman states that on January 11, 2007, he was convicted for "criminal vehicle charges," (A. Compl. Par. 75), and sentenced to three years of incarceration. On April 3, 2007, Chapman was allegedly released from prison.

Chapman brought the instant action and includes in his amended complaint a claim brought pursuant to 42 U.S.C. § 1983 ("Section 1983"), alleging a violation of his Fourth Amendment rights (Count I), a Fifth Amendment Section 1983 claim (Count II), an Eighth Amendment Section 1983 claim (Count III), a Fourteenth Amendment due process Section 1983 claim (Count IV), a Sixth Amendment Section 1983 claim (Count V), a Fourteenth Amendment equal protection Section 1983 claim (Count VI), a Section 1983 conspiracy claim (Count VII), an intentional infliction of emotional distress claim (Count VIII), and a false light invasion of privacy claim (Count IX). Defendant Village of Franklin Park ("Village") and Defendant Franklin Park Police Department ("Department") have moved to dismiss the claims brought against them. Konwinski and Camp (collectively referred to as "Defendant Officers") have also moved to dismiss the claims brought against them. Finally, Martin, Motor Werks, Defendant Motor Werks Partners, LP, and Defendant Paul Tamraz ("Tamraz") (collectively referred to as "Motor Werks Defendants") move to dismiss all claims brought against them.

LEGAL STANDARD

In ruling on a motion to dismiss brought pursuant to Federal Rule of Civil Procedure 12(b)(6), the court must draw all reasonable inferences that favor the plaintiff, construe the allegations of the complaint in the light most favorable to the plaintiff, and accept as true all well-pleaded facts and allegations in the complaint. Thompson v. Ill. Dep't of Prof'l Regulation, 300 F.3d 750, 753 (7th Cir. 2002); Perkins v. Silverstein, 939 F.2d 463, 466 (7th Cir. 1991). In order to withstand a motion to dismiss, a complaint must allege the "operative facts" upon which each claim is based. Kyle v. Morton High Sch., 144 F.3d 448, 454-55 (7th Cir. 1998); Lucien v. Preiner, 967 F.2d 1166, 1168 (7th Cir. 1992). A plaintiff is required to include allegations in the complaint that "plausibly suggest that the plaintiff has a right to relief, raising that possibility above a 'speculative level'" and "if they do not, the plaintiff pleads itself out of court." E.E.O.C. v. Concentra Health Services, Inc., 496 F.3d 773, 776 (7th Cir. 2007)(quoting in part Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1965 (2007)). Under the current notice pleading standard in federal courts a plaintiff need not "plead facts that, if true, establish each element of a 'cause of action. . . .'" See Sanjuan v. Amer. Bd. of Psychiatry and Neurology, Inc., 40 F.3d 247, 251 (7th Cir. 1994)(stating that "[a]t this stage the plaintiff receives the benefit of imagination, so long as the hypotheses are consistent with the complaint" and that "[m]atching facts against legal elements comes later"). The plaintiff need not allege all of the facts involved in the claim and can plead conclusions. Higgs v. Carver, 286 F.3d 437, 439 (7th Cir. 2002); Kyle, 144 F.3d at 455. However, any conclusions pled must "'provide the defendant with at least minimal notice of the claim,'" Kyle, 144 F.3d at 455(quoting Jackson v. Marion County, 66 F.3d 151, 153-54 (7th Cir. 1995)), and the plaintiff cannot satisfy federal pleading requirements merely "by attaching bare legal conclusions to narrated facts which fail to outline the bases of [his] claims." Perkins, 939 F.2d at 466-67. The Seventh Circuit has explained that "[o]ne pleads a 'claim for relief' by briefly describing the events." Sanjuan, 40 F.3d at 251; Nance v. Vieregge, 147 F.3d 589, 590 (7th Cir. 1998)(stating that "[p]laintiffs need not plead facts or legal theories; it is enough to set out a claim for relief").

DISCUSSION

I. Village Defendants' Motion

The Village, the Department, and Defendant Officers (collectively referred to as "Village Defendants") move to dismiss ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.