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Lanza v. City of Chicago

June 2, 2009

DANY LANZA, PLAINTIFF,
v.
CITY OF CHICAGO; CHICAGO POLICE OFFICERS ROBERT BARTIK; L. RIGGIO, STAR NO. 40170; M. GONZALEZ, STAR NO. 40253; J. ACOSTA, STAR NO. 40288; B. OKRASINSKI, STAR NO. 7247; F. HERRERA, STAR NO. 13273, F. SKOROEK, STAR NO. 21295; M. SOFERERNNOVIC, STAR NO. 20761; UNKNOWN CHICAGO POLICE OFFICERS; COOK COUNTY; AND COOK COUNTY ASSISTANT STATE'S ATTORNEY DANIEL FAERMARK, DEFENDANTS.



The opinion of the court was delivered by: Wayne R. Andersen District Judge

MEMORANDUM OPINION AND ORDER

This case is before the court on the motion of defendants City of Chicago, Robert Bartik, L. Riggio, M. Gonzalez, J. Acosta, B. Okrasinski, F. Herrera, F. Skoroek, and M. Soferernnovic (collectively "the City defendants") to dismiss plaintiff's Fourth Amendment claim against all City defendants except the City of Chicago, as well as plaintiff's Fifth, Sixth, Eighth and Fourteenth Amendment claims and plaintiff's Intentional Infliction of Emotional Distress (IIED) claim insofar as it relates to events outside the scope of the malicious prosecution claim. For the reasons set forth below, the motion is denied in part and granted in part. We grant the City defendants' motion to dismiss the Fifth, Sixth, Eighth and Fourteenth Amendment claims, as well as plaintiff's Fourth Amendment claim against all of the individual City defendants.

However, we deny the City defendants' motion to dismiss the IIED claim insofar as it relates to events outside the scope of the malicious prosecution claim.

BACKGROUND

On September 8, 2008, Plaintiff Dany Lanza ("Lanza") filed a seven-count complaint in this court. The original complaint named the City of Chicago, Officer Robert Bartik, Officer Riggio, Officer Acosta, Officer Okrasinski, Officer Herrera, Officer Skoroek, Officer Soferernnovic, several unknown police officers, and Cook County as defendants. On April 14, 2009, plaintiff filed an amended complaint, which added Cook County Assistant State's Attorney Faermark ("Faermark") as a defendant.

The claims in Lanza's complaint stem from his arrest and subsequent prosecution for the molestation of two minor girls. Lanza claims that on November 26, 2001, he was visiting his aunt at her apartment complex and a woman approached him claiming that he resembled a man who molested her daughter months prior. Cmplt. ¶ 5.The complaint asserts that because Lanza was a minor and did not speak English, his mother called the police to help clarify the situation. Id. at ¶ 4, 7--8. Officers Okrasinski and Herrera arrived at the apartment complex and allegedly arrested Lanza and brought him to the police station. Id. at ¶ 8.

The complaint asserts that Lanza was interrogated at length without receiving his Miranda warnings, was held for longer than forty-eight hours without receiving a probable cause hearing, and was not fed or given the opportunity to see a family member during the interrogation. Id. at ¶¶ 9, 10. Further, Lanza alleges that when he requested a polygraph examination, he was brought to a separate area and the interrogation resumed. Id. at ¶ 13. Lanza's mother obtained an attorney, Dawn Sheikh ("Sheikh"), to represent him, and the complaint alleges that officers continued interrogating Lanza outside of Sheikh's presence, after making assurances that they would not do so. Id. at ¶¶ 22-25.

Lanza, a Spanish speaker, claims that eventually he was given a "form" written in English that, unbeknownst to him, was actually a fabricated confession. Id. at ¶¶ 28-29. Lanza alleges that he was told that he would be able to go home if he signed it. Id. The complaint asserts that after signing, Lanza was immediately transferred to Cook County Jail and charged with several counts of sexual assault and related offenses. Id. at ¶ 30. The allegedly fabricated confession was then used against Lanza in hearings during his criminal case. Id.

Furthermore, Lanza alleges that in 2003, Jose Rivas, the actual perpetrator, was arrested and confessed to being active in the area since 1999, but that Lanza's attorneys did not learn of Rivas's crimes until 2007. Pl.'s Resp. at 2--3. Rivas confessed to the offenses for which Lanza had been charged and the Cook County State's Attorney dropped the charges against Lanza in 2008. Id. By the time the charges where dropped Lanza had spent almost four years in jail. Cmplt. ¶ 1. Approximately five months after the charges were dropped, Lanza filed this suit. Pl.'s Resp. at 3.

Based upon the allegations set forth above, Lanza asserts several claims against the defendants. Lanza's first claim alleges that individual police officer and the City of Chicago violated his Fourth Amendment rights by detaining him for longer than forty-eight hours without a probable cause hearing. The second claim states that the individual police officers and the City of Chicago violated his Fifth Amendment right against self-incrimination by obtaining and using against him a fabricated confession. The third claim asserts that the individual officers and the City of Chicago violated Lanza's rights under the Sixth Amendment when they interfered with his right to counsel. Lanza's fourth claim alleges that the conditions of Lanza's detention before his probable cause hearing violated the Eighth Amendment. The fifth claim asserts that the defendants violated Lanza's substantive due process rights under the Fourteenth Amendment. Finally, Lanza's sixth and seventh claims are state law claims for IIED and malicious prosecution respectively.

On February 13, 2009, the City defendants filed a motion to dismiss portions of Lanza's complaint. Lanza subsequently amended his complaint to include Faermark as a defendant, but made no substantive changes to the complaint. The City defendants then filed an amended motion to dismiss to clarify that their motion and the original briefs filed with regard to the motion applied to the amended complaint. We now turn to the City defendants' motion.

STANDARD OF REVIEW

In order to survive a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), "a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. ___, 2009 U.S. LEXIS 34782, at *29, 2009 WL 1361536 (May 18, 2009)(quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 2009 U.S. LEXIS 34782, at *29 (citing Twombly, 550 U.S. at 556). The complaint must be construed in a light favorable to the plaintiff and the court must accept all material facts alleged in the complaint as true. Jackson v. E.J. Branch Corp., 176 F.3d 971, 978 (7th Cir. 1999). However, "the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. Threadbare recitals of a cause of action, supported by mere conclusory statements do not suffice." Iqbal, 2009 U.S. LEXIS 34782, at *29 (citing Twombly, 550 U.S. at 555).

Additionally, a complaint must describe the claim with sufficient detail as to "give the defendants fair notice of what the...claim is and the grounds upon which it rests." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)(quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). However, a complaint does not need to set forth all relevant facts or recite the law. Rather, all that is required is "a short and plain statement of the claim showing that the pleader ...


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