Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Robert M. Dow, Jr than Assigned Judge
Pending before the Court is Plaintiff Marvin Pierce's second motion for leave to file a first amended complaint . For the reasons stated below, the Court denies Plaintiff's motion. This case is set for further status hearing on 7/5/2011 at 9:00 a.m.
O[ For further details see text below.] Docketing to mail notices.
On March 9, 2009, Plaintiff filed a lawsuit asserting (1) a 42 U.S.C. § 1983 claim of false arrest, (2) a § 1983 claim of unlawful search, (3) an Illinois state law claim of malicious prosecution, and (4) a state law claim of intentional infliction of emotional distress against Defendant Chicago Police Officer Stuckert. (Plaintiff also asserted one count of respondeat superior and indemnification against Defendant City of Chicago.) The claims arise out of Plaintiff's March 10, 2008, arrest by Officer Stuckert and Officer Bubacz for drug possession. The entirety of the factual allegations included in Plaintiff's original complaint are as follows:
7. On or about March 10, 2008, Plaintiff was walking near the area of 5219 S. Paulina St. in Chicago, Cook County, Illinois.
8. At this time, one or more Defendant Officers approached Plaintiff and drew their weapons on Plaintiff because, according to the Defendant Officers, Plaintiff was walking with his hands in his pockets.
9. At all times relevant hereto, Plaintiff was acting in full conformity with all laws, statutes, and ordinances of the United States, the State of Illinois, and the City of Chicago.
10. Defendant Officers then proceeded to unreasonably and forcefully handcuff Plaintiff and detain, seize, and arrest Plaintiff without an arrest warrant, without exigent circumstances, without reasonable suspicion, without consent, and without probable cause to believe that Plaintiff was committing or had committed a crime.
11. Following his illegal and unconstitutional arrest, Plaintiff was placed in the rear of the vehicle operated by Defendant Officers and was transported to a Chicago Police Station where he was falsely charged with Possession of a Controlled Substance in violation of 720 ILCS 50.0/302-C.
12. This false charge was dismissed on April 3, 2008.
The applicable statute of limitations for Plaintiff's § 1983 claims is two years. See Wilson v. Garcia, 471 U.S. 261, 276 (1983) (holding that the statute of limitations for claims filed under 42 U.S.C. § 1983 is the same as the forum state's statute of ...