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Kevin Lasalvia v. City of Evanston

April 15, 2011

KEVIN LASALVIA, PLAINTIFF,
v.
CITY OF EVANSTON, OFFICER GIESE, OFFICER PANEK, AND SERGEANT ) GLEW, DEFENDANTS.



The opinion of the court was delivered by: Amy J. St. Eve, District Court Judge:

MEMORANDUM OPINION AND ORDER

On May 18, 2010, Plaintiff Kevin LaSalvia brought the present six-count Complaint against Defendants City of Evanston, Police Officers Thomas Giese and Joseph Panek, and Sergeant Ryan Glew for violations of his constitutional rights. See 42 U.S.C. § 1983. LaSalvia also alleges the state law claims of battery, abuse of process, and indemnification pursuant to the Court's supplemental jurisdiction. See 28 U.S.C. § 1367(a). Before the Court is Defendants' Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. For the following reasons, the Court denies Defendants' motion.

BACKGROUND

I. Northern District of Illinois Local Rule 56.1

Northern District of Illinois Local Rule 56.1 assists the Court by "organizing the evidence, identifying undisputed facts, and demonstrating precisely how each side propose[s] to prove a disputed fact with admissible evidence." Bordelon v. Chicago Sch. Reform Bd. of Trs., 233 F.3d 524, 527 (7th Cir. 2000). Local Rule 56.1(a)(3) requires the moving party to provide "a statement of material facts as to which the moving party contends there is no genuine issue." Cracco v. Vitran Exp., Inc., 559 F.3d 625, 632 (7th Cir. 2009). "The opposing party is required to file 'a response to each numbered paragraph in the moving party's statement, including, in the case of any disagreement, specific references to the affidavits, parts of the record, and other supporting materials relied upon." Id. (citing N.D. Ill. R. 56.1(b)(3)(B)). Also, Local Rule 56.1(b)(3)(C) requires the nonmoving party to present a separate statement of additional facts that require the denial of summary judgment. See Ciomber v. Cooperative Plus, Inc., 527 F.3d 635, 643-44 (7th Cir. 2008).

Accordingly, pursuant to the Local Rules, the Court will not consider any additional facts that LaSalvia proposed in his Local Rule 56.1(b)(3)(B) Response, but instead must rely on his Local Rule 56.1(b)(3)(C) Statement of Additional Facts when making factual determinations. See id. at 643; see also Cichon v. Exelon Generation Co., L.L.C., 401 F.3d 803, 809 (7th Cir. 2005) ("Local Rule 56.1 requires specifically that a litigant seeking to oppose a motion for summary judgment file a response that contains a separate 'statement ... of any additional facts that require the denial of summary judgment.'") (emphasis in original). The Court also disregards any citations to the record in the parties' legal memoranda that do not reference their Local Rule 56.1 Statements of Fact. See Malec v. Sanford, 191 F.R.D. 581, 586 (N.D. Ill. 2000) ("Citations in the fact section should be to the 56.1(a) or (b) statement of facts only"); see, e.g., Gross v. Town of Cicero, Ill., 619 F.3d 697, 708 (7th Cir. 2010).

Meanwhile, the purpose of Rule 56.1 statements is to identify the relevant admissible evidence supporting the material facts -- not to make factual or legal arguments. See Cady v. Sheahan, 467 F.3d 1057, 1060 (7th Cir. 2006) ("statement of material facts did [] not comply with Rule 56.1 as it failed to adequately cite the record and was filled with irrelevant information, legal arguments, and conjecture"). The requirements for responses under Local Rule 56.1 are "not satisfied by evasive denials that do not fairly meet the substance of the material facts asserted." Bordelon, 233 F.3d at 528. Also, the Court may disregard statements and responses that do not properly cite to the record. See Cichon, 401 F.3d at 809-10; see also Fed.R.Civ.P. 56(e)(2). Finally, it is well established that "district courts are entitled to expect strict compliance with Local Rule 56.1." Raymond v. Ameritech Corp., 442 F.3d 600, 604 (7th Cir. 2006). With these standards in mind, the Court turns to the relevant facts of this case.

II. Relevant Facts

LaSalvia, who was thirty-two years old at the time of his arrest, resides in Palatine, Illinois and is an automobile mechanic. (R. 18, Defs.' Rule 56.1 Stmt. Facts ¶ 1.) Defendant City of Evanston is a municipal corporation located in the Northern District of Illinois and the City of Evanston employed Defendant Officers Giese, Panek, and Glew during the relevant time period. (Id. ¶ 2.)

On April 5, 2010, Officer Christopher Tamburrino -- who is not a named Defendant in this lawsuit -- attempted to effectuate a traffic stop of LaSalvia after witnessing what he believed to be a hand-to-hand drug transaction. (Id. ¶ 7.) Officer Tamburrino then verified that LaSalvia had an active warrant for his arrest for driving while his license was suspended. (Id. ¶ 8.) Upon realizing that a police officer was following him, LaSalvia pulled his car to the right side of the road, stopped, and then ran from the scene. (Id. ¶ 9; R. 25, Pl.'s Stmt. Add'l Facts ¶ 3.) Thereafter, Officer Tamburrino radioed this information and gave the location of the stop and the direction in which LaSalvia was running. (Def.'s Stmt. Facts ¶ 10.) Officers Giese and Panek were in the area and responded to the call. (Id. ¶ 11.) Upon their arrival, Officers Giese and Panek observed LaSalvia exit his car and start running north on Dodge Avenue in Evanston. (Id. ¶ 12.) Immediately after exiting their squad car, Officers Giese and Panek yelled "Police. Stop running. You're under arrest." (Id. ¶ 14.) Eventually, LaSalvia stopped running. (Pl's Add'l Facts ¶ 5.)

According to LaSalvia, once he stopped running he put his hands in the air. (Id. ¶ 6.) The parties dispute whether Officers Giese and Panek tackled LaSalvia at that point, but LaSalvia was then on the ground after which one of the officers put his knee on LaSalvia's back while the other officer handcuffed LaSalvia. (Id. ¶¶ 7, 9.) Afterwards, Officer Giese punched LaSalvia on the left side of LaSalvia's head several times. (Id. ¶¶ 12, 13; Def.'s Stmt. Facts ¶ 17.) It is undisputed that Officer Panek was standing right next to Officer Giese when he punched LaSalvia in the head with a closed fist, and, even though Officer Panek could see Officer Giese punching LaSalvia in the head, he did nothing to try to stop Officer Giese's use of force. (Pl.'s Stmt. Facts ¶ 14.) Meanwhile, LaSalvia testified that once the officers picked him up off the ground, he immediately stated that he wanted to go to the hospital for medical attention. (Id. ¶ 21.)

Officers Panek and Giese took LaSalvia back to the squad cars and Officer Giese spoke with Officer Tamburrino after which they searched the scene for contraband. (Defs.' Stmt. Facts ¶ 24.) Sergeant Glew arrived on the scene and spoke to Officer Tamburrino after which he found out about the use of force in effectuating LaSalvia's arrest. (Pl.'s Stmt. Facts ¶ 26.) Officers Giese and Panek subsequently transported LaSalvia to the Evanston Police Department for booking. (Def.'s Stmt. Facts ¶ 25; Pl.'s Stmt. Facts ¶ 23.) LaSalvia testified that he asked for medical attention at that time. (Pl.'s Stmt. Facts ¶ 28.) Meanwhile, Officer Tamburrino remained at the scene of LaSalvia's arrest to tend to LaSalvia's car and passenger. (Def.'s Stmt. Facts ¶ 26.)

After arriving at the booking room of the police station, LaSalvia testified that he told the officers he needed medical attention. (Pl.'s Stmt. Facts ¶ 30.) Once Sergeant Glew arrived at the booking room, he spoke to LaSalvia about what had occurred and LaSalvia told him that he had been punched. (Def.'s Stmt. Facts ¶ 34.) Sergeant Glew asked LaSalvia if he were in pain, to which LaSalvia responded that he could not hear. (Id. ¶ 36.) Sergeant Glew then summoned an ambulance. (Id. ¶ 37.) A team of paramedics from the Evanston Department of Fire and Life Safety arrived shortly thereafter and evaluated LaSalvia. (Id. ¶ 38.)

After the paramedics evaluated LaSalvia, two police officers arrived to escort LaSalvia to the hospital -- one to ride in the ambulance with LaSalvia and one to follow the ambulance in a squad car -- as required by the protocols of both the Evanston police and fire departments. (Id. ¶ 42.) Upon LaSalvia's arrival at Evanston Hospital, Dr. Rachel Norris, a board-certified emergency medicine physician, evaluated LaSalvia. (Id. ¶¶ 46, 47.) Dr. Norris made the diagnosis that LaSalvia had a left ruptured eardrum caused by a blow to his head. (Pl.'s Stmt. Facts ¶¶ 15, 16.) When he first arrived at Evanston Hospital, LaSalvia reported that his pain was "intolerable." (Id. ¶¶ 18, 38.) Dr. Norris ...


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