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.

Maldonado v. Pierri

February 1, 2010

MIGUEL MALDONADO, PLAINTIFF,
v.
P.O. LENNY PIERRI, P.O. VINCENT STINAR, P.O. MICHAEL J. GLINES, INDIVIDUALLY, AND THE CITY OF CHICAGO, DEFENDANTS.



The opinion of the court was delivered by: Marvin E. Aspen United States District Judge

Hon. Marvin E. Aspen

MEMORANDUM OPINION AND ORDER

MARVIN E. ASPEN, District Judge

Plaintiff Miguel Maldonado brought a three-count second amended complaint against Defendants Lenny Pierri, Vincent Stinar, Michael Glines, and the City of Chicago, alleging civil rights violations under 42 U.S.C. § 1983 and a related state tort claim. Count I alleges unlawful detention and false arrest against the individual defendants, in violation of the Fourth Amendment of the Constitution of the United States; Count II alleges unreasonable search against the individual defendants, in violation of the Fourth Amendment; and Count III alleges false arrest against all defendants, in violation of Illinois state law. Defendants answered and the parties completed discovery. Presently before us are Defendants' motion for summary judgment on all counts and Plaintiff's motion for summary judgment on Counts I and III. For the reasons stated below, we deny Plaintiff's motion and grant Defendants' motion in part.

I. STATEMENT OF FACTS*fn1

On the afternoon of January 24, 2008, Defendants Lenny Pierri and Vincent Stinar, members of the Chicago Police Department, received an anonymous tip through the police dispatch that a Hispanic male in a blue minivan had a gun. (Def. Facts ¶¶ 6, 13; Pl. Facts ¶ 7.)*fn2

The tip also indicated the license plate number and location of the minivan. (Def. Facts ¶¶ 13--14; Pl. Facts ¶ 7.) From their experience, the officers recognized the location as a heavily gang-infested neighborhood. (Def. Facts ¶ 11; see Pl. Resp. to Def. Facts ¶ 11.) In response to the tip, Pierri and Stinar drove their unmarked police car toward the location identified in the tip. (Def. Facts ¶ 9; Pierri Dep. at 17; Stinar Dep. at 38.) While en route, the officers passed a blue minivan driving in the opposite direction with a license plate number matching the tip. (Def. Facts ¶ 19; Pl. Facts ¶ 10.) Plaintiff Miguel Maldonado owned and was driving the minivan. (Def. Facts ¶ 19; see Pl. Facts ¶¶ 6--11.) Pierri and Stinar turned their vehicle around and began following the minivan without activating their emergency equipment. (Def. Facts ¶¶ 20, 22; see Pl. Facts ¶¶ 11--12.)

After a few blocks, Maldonado voluntarily stopped his automobile in the driveway of his father's auto repair shop, and Pierri and Stinar pulled into the driveway behind him. (Def. Facts ¶¶ 23--24; Pl. Facts ¶¶ 6, 11.) Pierri and Stinar quickly exited their vehicle, and as Maldonado exited his vehicle, Stinar recognized him as a gang affiliate who Stinar on several occasions while on patrol had seen hanging around with other gang members and with whom Stinar had spoken at the scene of a gang-related shooting three or four years prior. (Def. Facts ¶ 26; Stinar Dep. at 25--30.) Maldonado denies having any gang affiliation or being the individual Stinar remembers seeing and speaking with on prior occasions. (Pl. Resp. to Def. Facts ¶ 30.)

Upon exiting the minivan, Maldonado saw Pierri and Stinar standing outside their unmarked car with their guns drawn and pointed at him. (Def. Facts ¶ 26; Pl. Facts ¶ 13.) Stinar identified himself as a police officer and ordered Maldonado to raise his hands; Maldonado complied and had no visible weapon. (Def. Facts ¶ 27; Pl. Fact. ¶ 13; Stinar Dep. at 45--47; Maldonado Dep. at 43, 46.)

Stinar approached Maldonado to search him. (Def. Facts ¶¶ 28--29, 31; Pl. Facts ¶ 16; Maldonado Dep. at 47; Stinar Dep. at 45--50.) He repositioned Maldonado so that Maldonado faced the minivan with his hands placed on it. (Maldonado Dep. at 47; see Stinar Dep. at 49.) Stinar holstered his weapon and patted the exterior of Maldonado's clothing, searching for weapons. (Def. Facts ¶ 31; Maldonado Dep. at 48--49, 120.) According to Maldonado, Stinar also reached inside Maldonado's pants, briefly shaking Maldonado's crotch area and pulling down Maldonado's pants a few inches; Stinar denies doing this. (Compare Maldonado Dep. at 120--24 with Stinar Dep. at 51.) Finding no weapons, drugs, or other contraband on Maldonado's person, Stinar asked Maldonado about the gun referenced in the anonymous tip, and Maldonado denied having a gun. (Def. Facts ¶ 32--33; Pl. Facts ¶ 22.)

After searching Maldonado's person, Stinar handcuffed Maldonado, handed him off to Pierri, and Pierri placed Maldonado into the locked backseat of their unmarked police car. (Def. Facts ¶¶ 34--35; Pl. Facts ¶ 23.) In the police car, Pierri asked a handcuffed Maldonado about the gun referenced in the anonymous tip, and Maldonado denied having a gun. (Def. Facts ¶ 36; Maldonado Dep. at 51.) As he questioned Maldonado, Pierri checked the police computer to see if Maldonado had any outstanding warrants, which he did not. (Def. Facts ¶ 37.)

Once Maldonado was secured in the back of the police car, Stinar began searching Maldonado's minivan. (Def. Facts ¶ 39; Pl. Facts ¶ 26.) According to Defendants, Maldonado gave Stinar consent to search the minivan; Maldonado denies giving consent. (Compare Def. Facts ¶ 38 with Pl. Ex. E, Maldonado Aff. ¶ 3.) Stinar searched the entire interior of the minivan, as well as under the minivan's hood. (Stinar Dep. at 57--62; Pl. Add'l Facts ¶¶ 23, 26; Def. Facts ¶ 43.) Maldonado specifically claims that Stinar searched under the dashboard, inside the interior side panels, and under the carpeting, and that in the process of searching Stinar damaged those parts as well as the glove compartment, seatbelt mechanism holster, radio, and ash tray. (Pl. Add'l Facts ¶ 24.) Stinar denies damaging Maldonado's vehicle. (Stinar Dep. at 57--62.) During the search, Stinar found no weapons, drugs, or other contraband. (Pl. Add'l Facts ¶ 27; Def. Facts ¶ 44; Stinar Dep. at 57--62.)

At some point during Stinar's search of the minivan, Defendant Michael Glines, a uniformed Chicago police officer, arrived at the scene in a marked police car. (Def. Facts ¶¶ 40--41; Pl. Facts ¶ 27.) Maldonado claims Glines assisted Stinar in searching the van. (Pl. Facts ¶ 27.) Confusingly, the Defendants alternately concede that Glines assisted in the search, (Def. Facts ¶ 43; Def. Resp. to Pl. Add'l Facts ¶22), and deny that he did so, (Def. Resp. to Pl. Facts ¶ 27). The parties appear to agree that Glines did not interact directly with Maldonado. After Stinar (and possibly Glines) finished searching the minivan, Pierri released Maldonado from the backseat and removed his handcuffs. (Def. Facts ¶ 46.) Maldonado testified that he was in the police car for fifteen or twenty ...


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.