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.

Cole v. City of Chicago

March 10, 2009

JAMES COLE, PLAINTIFF,
v.
CITY OF CHICAGO, ET AL., DEFENDANT.



The opinion of the court was delivered by: Judge Blanche M. Manning

MEMORANDUM AND ORDER

James Cole is suing state and local government offices and employees over several skirmishes with police. The defendants have filed two motions to dismiss all of Cole's claims against them. For the reasons stated below, the motions are granted and Cole's claims are dismissed.

BACKGROUND

The events alleged in Cole's pro-se complaint are difficult to follow, but Cole appears to be describing a series of incidents in which he felt harassed by Chicago police officers Bernard Considine and Thomas O'Grady. The court has construed the complaint broadly and accepts Cole's allegations as true for the purpose of resolving the motions to dismiss. See Doss v. Clearwater Title Co., 551 F.3d 634, 639 (7th Cir. 2008).

In the first incident on May 25, 2007, Considine and O'Grady approached Cole while he was sitting in his car. Even though the car was parked at the time, the officers arrested Cole for driving under the influence. When Cole questioned why he was being arrested given that his car was parked, officers told him that he was being arrested because his keys were in the ignition.

In the second incident, Considine and O'Grady allegedly stole Cole's car by towing it from where it was parked at 46th and Wolcott Streets on July 8, 2007. Cole noticed it missing the following day and reported it stolen. The officers allegedly refused to immediately return the car to him, so Cole wrote to the Illinois Secretary of State's office to report the theft and advise the office that he would not renew his plates or obtain an emissions test until after he got his car back. After writing to the Secretary of State's office, Cole finally received his car back in October or November of 2007.

In the third incident, Cole gave a ride home to his friend on December 2, 2007. While driving, Cole was pulled over by Considine and O'Grady. The officers ticketed Cole for running a stop sign even though Cole denied doing so. The officers also forced Cole's friend to walk home, even though she was eight months pregnant.

In response to the officers' alleged harassment, Cole filed this suit under 42 U.S.C. § 1983 in order to assert violations of his rights under the Constitution, including unspecified rights under the Fourth and Ninth Amendments. In his complaint Cole alleges that the defendants' conduct injured him in the following ways:

(1) Got me fired-no income;

(2) Continue to abduct this car: Property;

(3) Got me in debt;

(4) Continue to tell me that I owe them money;

(5) I have no more money in my bank account;

(6) Violated my rights to live-Human Rights. Compl. (R.1 at 8.) Cole seeks $2 ...


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.