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Patricia Sattler v. Edgar Hernandez

August 30, 2011

PATRICIA SATTLER, PLAINTIFF,
v.
EDGAR HERNANDEZ, SEAN MARKHAM, ANTHONY REYES, PATRICK CRAWFORD, AND CITY OF CHICAGO, DEFENDANTS.



The opinion of the court was delivered by: Judge Feinerman

MEMORANDUM OPINION AND ORDER

Patricia Sattler brought this action under 42 U.S.C. § 1983 against, among others, the City of Chicago and Officer Sean Markham, Officer Edgar Hernandez, Detective Anthony Reyes, and Sergeant Patrick Crawford of the Chicago Police Department. The operative complaint (Doc. 23) brings individual and official capacity claims against the individual defendants and a Monell claim against the City. Defendants have moved for summary judgment on all of Sattler's claims except for the claim that Officers Markham and Hernandez violated the Fourth Amendment by arresting her in her home without a warrant. The motion is granted.

Background

Sattler's case has been severely damaged by her failure to comply with Local Rule 56.1(b). Defendants supported their summary judgment motion (Doc. 49) with a memorandum (Doc. 50) and a Local Rule 56.1(a) statement of uncontested facts (Doc. 51). Sattler responded with a response (Doc. 53), a memorandum (Doc. 55), and exhibits (Doc. 60), but violated the clear mandate of Local Rule 56.1(b) by failing to file a Local Rule 56.1(b)(3) response to Defendants' Local Rule 56.1(a) statement. Accordingly, the court accepts as true the facts set forth in Defendants' Local Rule 56.1(a) statement. See N.D. Ill. L.R. 56.1(b)(3)(C) ("All material facts set forth in the statement required of the moving party will be deemed to be admitted unless controverted by the statement of the opposing party."); Parra v. Neal, 614 F.3d 635, 636 (7th Cir. 2010); Rao v. BP Prods. N. Am., Inc., 589 F.3d 389, 393 (7th Cir. 2009); Raymond v. Ameritech Corp., 442 F.3d 600, 608 (7th Cir. 2006); Schrott v. Bristol-Myers Squibb Co., 403 F.3d 940, 943-44 (7th Cir. 2005); Koszola v. Bd. of Educ. of City of Chicago, 385 F.3d 1104, 1109 (7th Cir. 2004); Smith v. Lamz, 321 F.3d 680, 682-83 (7th Cir. 2003).

On November 1, 2008, Grizelda Gutierrez and Andy Guzman were robbed at knife-point by a man and a woman. In a 911 call, Gutierrez described the female assailant as a "dark-skinned, about twenty-five." Officer Piotr Nestorowicz, a non-party, was dispatched to the scene, and Gutierrez told him that the female assailant was "white/Hispanic, with curly brown hair, a black top, and black pants, in her 20's approximately 5'3" and 140 lbs." Officer Nestorowicz entered that description in the general offense case report.

Officer Markham was investigating a separate armed robbery involving a black Cadillac with license plates registered to Sattler's mother, who lived close to where Gutierrez had been robbed. Markham came across a photograph of Sattler, who was seventeen at the time but who otherwise matched the description of the female offender in Nestorowicz's general offense case report. (Sattler is white, not Hispanic, but the report described the female assailant as "white/Hispanic.") Markham and Officer Hernandez then went to Gutierrez's home and presented her with a photo array that including Sattler's photograph. Gutierrez identified Sattler as the female assailant. Gutierrez did not tell Officer Markham that the female assailant was dark-skinned or twenty-five years old, and Markham did not review the 911 transcript, in which Gutierrez described the female assailant as dark-skinned and about twenty-five. Officer Hernandez was not aware that Gutierrez had described the female assailant in that manner during the 911 call.

On November 9, 2008, Officers Markham and Hernandez, together with a third officer, arrested Sattler at her home. The officers were wearing civilian clothing. Sattler was taken to the Chicago Police Department's 17th District. Shortly thereafter, Sattler was transferred in a police wagon to Area 5, a separate facility, by Officer David Dezonno and his partner, both non-parties and both of whom were wearing uniforms. Markham and Hernandez were not involved in bringing Sattler to the wagon. When Officer Dezonno and his partner placed Sattler in the wagon and lowered the bar to secure her, the bar hit Sattler on the right temple, causing her to lose consciousness. Sattler does not recall anything prior to or immediately after losing consciousness, including who lowered the bar or what that person was wearing. Officers Markham and Hernandez were not present when Sattler lost consciousness and were not aware of the incident. Sattler does not recall telling anyone, including her father or any police officer, that she was injured in the transport wagon.

At Area 5, Sergeant Crawford assigned Detective Reyes to the Gutierrez robbery. Reyes interviewed Gutierrez, who described the female assailant as "white, possibly Hispanic female." Reyes put together a physical lineup in which Sattler and four "fillers"-white or Hispanic female police officers between the ages of thirty and forty-one-were shown to Gutierrez and Guzman. Gutierrez identified Sattler as the female assailant, but Guzman was unable to do so. On November 25, 2008, Detective Reyes appeared before a grand jury and incorrectly testified that both Gutierrez and Guzman had identified Sattler as the female assailant. Reyes later admitted that he "did not recall correctly [the results of the lineup] at the time of his testimony."

Sattler was indicted, but the Cook County State Attorney's Office dismissed the charges on August 27, 2009.

Sattler filed this action on November 9, 2009. The second amended complaint states the following claims against the individual defendants: (1) Markham and Hernandez arrested Sattler without probable cause; (2) Markham and Hernandez arrested Sattler in her home without a warrant; (3) Markham and Hernandez employed excessive force against Sattler in the transport wagon; (4) Markham and Hernandez refused to provide Sattler with medical care; (5) Reyes placed Sattler in a suggestive lineup; (6) Reyes perjured himself before the grand jury; and (7) Crawford negligently failed to supervise or instruct the other Defendants. The second amended complaint also states a Monell claim against the City, alleging that it knowingly, recklessly, or with deliberate indifference failed to instruct, supervise, control, train, and discipline the individual defendants.

Discussion

Defendants move for summary judgment on all claims, except for the claim that Officers Markham and Hernandez arrested Sattler in her home without a warrant. Sattler concedes that Sergeant Crawford is entitled to summary judgment on the claim against him. Doc. 53 at 3. The other claims are considered in turn.

I. Individual Capacity Claims Against the ...


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