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Jackson v. Visvardis

August 26, 2010

DARRYL JACKSON (B-12359)
v.
JOHN VISVARDIS, ET AL.



Name of Assigned Judge or Magistrate Judge ELAINE E. BUCKLO

Sitting Judge if Other than Assigned Judge

DOCKET ENTRY TEXT:

The Court grants Defendants Jody Weis, Melissa Malm, and Martin Leuenberger's motion to dismiss [35] and Defendants Tom Dart and John Visvardis's motion to dismiss [39]. This action is dismissed in its entirety with prejudice.

O [For further details see text below.] Docketing to mail notices.

Plaintiff Darryl Jackson, currently an inmate at East Moline Correctional Center, brings this pro se complaint pursuant to 42 U.S.C. § 1983. He alleges that he was arrested without probable cause. Defendants Chicago Police Officers Martin Leuenberger and Melissa Malm and Superintendent of Police Jody Weis have filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). Defendants Cook County Sheriff Thomas Dart and Cook County Sheriff's Police Officer John Visvardis have also filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). Plaintiff has responded to both motions.

For the following reasons, the Court grants both of the motions to dismiss before it and dismisses this action.

"A motion under Rule 12(b)(6) challenges the sufficiency of the complaint to state a claim upon which relief may be granted." Hallinan v. Fraternal Order of Police of Chicago Lodge No. 7, 570 F.3d 811, 820 (7th Cir. 2009). Pursuant to Rule 8(a)(2), a complaint must include "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2). This short and plain statement must "give the defendant fair notice of what the claim is and the grounds upon which it rests." Bell Atlantic v. Twombly, 550 U.S. 544, 555 (2007) (citation omitted). Under the federal notice pleading standards, a plaintiff's "[f]actual allegations must be enough to raise a right to relief above the speculative level." Twombly, 550 U.S. at 555. "[W]hen ruling on a defendant's motion to dismiss, a judge must accept as true all of the factual allegations contained in the complaint." Erickson v. Pardus, 551 U.S. 89, 94 (2007).

Courtroom Deputy CLH

Initials:

Plaintiff alleges that on January 31, 2007, Defendant John Visvardis ("Visvardis"), an off-duty Cook County Sheriff's Police Officer, placed him under arrest without a warrant, using a firearm. (Pl. Am. Comp. p. 11, ¶ 1.) Plaintiff claims that he was doing nothing unusual at the time and just exercising his right to run "at top speed" and be free from unreasonable searches and seizures. (Pl. Am Comp. p. 11-12, ¶ 2,3.) Plaintiff asserts that Visvardis conducted an illegal search and recovered $450.00 from Plaintiff's person. (Pl. Am. Comp. p. 13, ¶ 6.) Plaintiff claims that Visvardis did not have jurisdiction while he was off duty to use a firearm to arrest Plaintiff without a warrant or to seize Plaintiff's person or currency. (Pl. Am. Comp. p. 11, ¶ 1.) Plaintiff further alleges that Visvardis had not received any information over the radio that Plaintiff had been involved in any criminal activity nor did he observed Plaintiff violate any law. (Pl. Am. Comp. p. 11, ¶2.)

Plaintiff alleges that Chicago Police Officers Martin Leuenberger and Melissa Malm ("Leuenberger" and "Malm") also arrested Plaintiff at gun point without probable cause or any other legal justification. (Pl. Am. Comp. p. 13, ¶ 8.)

Plaintiff alleges that Defendant Thomas Dart ("Dart") has "created a policy or custom of allowing and encouraging said illegal acts of said officers by instructing them continue said unlawful arrest" and has "created a policy or custom of allowing and encouraging off-duty officers to carry or maintain a pistol at all times." (Pl. Am. Comp. p. 16-17, ¶ 15, 16.)

Plaintiff claims that Chicago Police Superintendent Jody Weis ("Weis") has created a policy or custom of allowing unlawful arrests and has been grossly negligent in managing and training his employees. (Pl. Am. Comp. p. 16, ¶ 15.)

Plaintiff was charged with the crime of Armed Robbery in People of the State of Illinois v. Darryl Jackson, 07 CR 03817. (Def. Ex. 1, p. 10; Def. Ex. B, p. 11.) On July 22, 2009, Plaintiff's Motion to Quash Arrest and Suppress Evidence in his criminal case was heard. (Def. Ex. 2, p. 3.) The Honorable Judge Michael Brown of the Circuit Court of Cook County, Illinois, found that there was probable cause to detain Plaintiff and place him under arrest. (Def. Ex. 2, p. 54.) On February 19, 2010, Plaintiff pled guilty to the ...


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