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.

Tyresse Ragland v. Carlos A. Ortiz

February 3, 2011

TYRESSE RAGLAND, PLAINTIFF,
v.
CARLOS A. ORTIZ, BRAD J. PALM, MICHAEL G. YOUNAN, DEMETRIOS A. HALEAS, SONIA M. MORIARTY, AND CITY OF CHICAGO DEFENDANTS.



The opinion of the court was delivered by: Judge Virginia M. Kendall

MEMORANDUM OPINION AND ORDER Plaintiff Tyresse Ragland ("Ragland") filed suit against Chicago Police Officers Carlos Ortiz ("Ortiz"), Brett Palm ("Palm"), Michael Younan ("Younan"), Demetrios Haleas ("Haleas"), Sonia Moriarty ("Moriarty") and the City of Chicago ("City") (together "Defendants"). Ragland alleges that Palm, Younan, and Haleas falsely arrested him (Count I); that Ortiz used excessive force against him (Count II); that Ortiz and the City battered him (Count III); that Palm, Younan, Haleas, and Moriarty failed to intervene (Count IV); that Defendants intentionally inflicted emotional distress (Count V); and that Defendants maliciously prosecuted him (Count VI). Both parties move for partial summary judgment. Specifically, Ragland moves for summary judgment on Count I. Palm, Younan and Haleas also move for summary judgment on Count I. Moriarty moves for summary judgment on Count IV. Defendants move for summary judgment on Count V and Ortiz, Palm, Younan, Haleas, and Moriarty move for summary judgment on Count VI. The parties agree to, and the Court grants, Moriarty's Motion for Summary Judgment on Count IV.*fn1 For the following reasons, the Court denies both Ragland's and Palm, Younan, and Haleas' Motions for Summary Judgment on Count I. The Court grants Defendants' Motion for Summary Judgment on Count V and grants Ortiz, Palm, Younan, Haleas, and Moriarty's Motion for Summary Judgment on Count

VI.

STATEMENT OF UNDISPUTED FACTS*fn2 Ortiz, Palm, Younan, Haleas, and Moriarty were Chicago Police Officers in October 2007. (P 56.1 Resp. ¶¶ 2-6.) Each officer worked a shift that began on October 26, 2007 and ended on October 27, 2007. (Id.)

Reginald White ("White") is a security guard with approximately fifteen years of work experience. (P 56.1 Resp. ¶ 7(c).) White has worked as security at the Tini Martini, a lounge in Chicago, for six years and was working there on the evening of October 26, 2007 and into the morning of October 27, 2007. (P 56.1 Resp. ¶ 7(b).)

I. Tini Martini

Ragland, a Chicago resident, visited the Tini Martini on the evening of October 26, 2007 with his friend David Brown ("Brown"). (P 56.1 Resp. ¶ 8(a); D 56.1 Resp. ¶ 1.) After a dispute over the amount of change he was owed by a Tini Martini bartender, Ragland was asked to leave the Tini Martini. (P 56.1 Resp. ¶ 8(b); D 56.1 Resp. ¶ 5.) White escorted Ragland out of the lounge without incident. (D 56.1 Resp. ¶¶ 5, 6.)

Once outside of the Tini Martini, Ragland complained about how he was being treated. (P56.1 Resp. ¶ 8(d); D 56.1 Resp. ¶ 9.) White told Ragland that he could not re-enter the Tini Martini and that he should instead go home. (P 56.1 Resp. ¶ 8(e).) Ragland responded "F --- this." (D 56.1 Resp. ¶ 11.) White took the comment personally and replied, "Who? F --- me?" (Id.)

White then walked across the street towards Juan Santiago ("Santiago") and Gino Ibarra ("Ibarra"), two Chicago Police Department officers who were engaged in a traffic stop, and asked them if they had received a call from the Tini Martini. (D 56.1 Resp. ¶ 12; P 56.1 Resp. ¶ 9(a).) Santiago and Ibarra replied that they had not received a call from the Tini Martini. (P 56.1 Resp. ¶ 9(a).) White told Santiago and Ibarra that he was having a problem with a patron. (D 56.1 Resp.¶

13.) Santiago and Ibarra determined that White's request was not an urgent one. (D 56.1 Resp. ¶

14.) Santiago called the dispatcher to send a "midnight car" because they were ending their shift. (Id.)

After Santiago's call to the dispatcher, three plainclothes Chicago Police officers-Palm, Younan, and Haleas-arrived outside the Tini Martini in an unmarked car. (D 56.1 Resp. ¶ 16.) While the order of the ensuing events is disputed, it is undisputed that one of the three plainclothed officers arrested Ragland and put him in handcuffs. (Def. Exh. B, Deposition of Tyresse Ragland ("Ragland Depo.") at 72:10-17.) It is also undisputed that Palm, Younan, and Haleas spoke to Ragland and White, each of whom told Palm, Younan, and Haleas that there had been a dispute about a bar tab. (D 56.1 Resp. ¶ 18.) It is undisputed that White signed a complaint of assault against Ragland, but the parties dispute whether this occurred at the scene of the arrest or later at the police station. (P 56.1 Resp. ¶ 10(d).) White's signed complaint of assault against Ragland stated that Ragland threatened to come back to the Tini Martini and shoot White. (Id.) Palm and Younan claim to have arrested Ragland because White said he was "afraid" of Ragland due to Ragland's behavior and threatening remarks. (D 56.1 Resp. ¶ 31.)

A group of about a dozen people were outside of the Tini Martini when the arrest took place. (D 56.1 Resp. ¶ 36.) Palm, Younan, and Haleas did not hear Ragland make any verbal threats or see him make any physically threatening gestures, nor did they find a gun or any other weapon on him. (D 56.1 Resp. ¶¶ 20, 21.) Before placing Ragland into the unmarked police car, an officer allowed Ragland to give his cell phone and car keys to Brown. (P 56.1 Resp. ¶ 10(c).)

II. Police Station

After his arrest outside the Tini Martini, Ragland was taken to the 14th District Police Station in Chicago and brought to the tactical office. (P 56.1 Resp. ΒΆ 12(a).) At some point while at the Police Station, ...


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.