The opinion of the court was delivered by: Judge Joan H. Lefkow
MEMORANDUM OPINION AND ORDER
Plaintiff Demetrius Thomas brings a § 1983 claim against the City of Joliet and James O. Kilgore, Tizoc Landores and James Allison arising from his arrest for aggravated criminal sexual abuse. Before the court is defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, defendants' motion [#20] is denied.*fn1
On February 27, 2009, Detective James Allison signed and swore to a criminal complaint before a judge of the Will County Circuit Court. The complaint alleged that Demetrius Thomas had committed two counts of aggravated criminal sexual abuse, in violation of 720 Ill. Comp. Stat. 5/12016(d). (Defs.' Ex. 1.)*fn3 Counts I and II alleged that on January 17, 2009, Thomas had "placed his penis in the vagina of B.M., a minor, for the purpose of sexual gratification" and that Thomas was at least five years older than B.M. The complaint did not identify the source of the information about Thomas's conduct.
The Circuit Court judge issued a warrant for Thomas's arrest on the basis of the representations contained in the criminal complaint. (Defs.' Ex. 2.) The widespread practice of the City of Joliet Police Department is to request arrest warrants on the basis of criminal complaints.
After the judge issued the warrant, Officers James Kilgore and Tizoc Landores arrested Thomas at his residence. At the time they entered Thomas's residence, Kilgore and Landores knew that the arrest warrant had been issued solely on the basis of the allegations in the criminal complaint. Thomas was taken into custody and formally charged with an offense. He remained in custody until August 21, 2009, when all charges against him were dismissed.
A motion to dismiss under Rule 12(b)(6) challenges a complaint for failure to state a claim upon which relief may be granted. Fed. R. Civ. P. 12(b)(6); Gen. Elec. Capital Corp. v. Lease Resolution Corp., 128 F.3d 1074, 1080 (7th Cir. 1997). In ruling on a motion to dismiss, the court accepts as true all well-pleaded facts in the plaintiff's complaint and draws all reasonable inferences in the plaintiff's favor. Nixon v. Page, 291 F.3d 485, 486 (7th Cir. 2002).
In order to survive a 12(b)(6) motion, the complaint must not only provide the defendant with fair notice of the claim's basis, but must also establish that the requested relief is plausible on its face. Ashcroft v. Iqbal, --- U.S. ----, 129 S. Ct. 1937, 1949, 173 L. Ed. 2d 868 (2009); see also Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S. Ct. 1955, 167 L. Ed. 2d 929 (2007). The allegations in the complaint must be "enough to raise a right of relief above the speculative level." Twombly, 550 U.S. at 555. At the same time, the plaintiff need not plead legal theories. Hatmaker v. Mem'l Med. Ctr., 619 F.3d 741, 743 (7th Cir. 2010). Rather, it is the facts that count.
Defendants argue that Thomas's complaint must be dismissed because the warrant for his arrest was supported by probable cause and because they obtained the warrant in good faith. *fn4
The court looks to the "totality of the circumstances" in determining whether the warrant for Thomas's arrest was supported by probable cause. See Illinois v. Gates, 462 U.S. 213, 238--39, 103 S. Ct. 2317, 76 L. Ed. 2d 527 (1983). Probable cause exists "if, at the moment when [the law enforcement officer] sought the [arrest warrant], the facts and circumstances within his knowledge and of which he had reasonably trustworthy information were sufficient to warrant a prudent person in believing that [defendant] had committed the crimes." Beauchamp v. City of Noblesville, 320 F.3d 733, 743 (7th Cir. 2003) (citing Hunter v. Bryant, 502 U.S. 224, 228, 112 S. Ct. 534, 116 L. Ed. 2d 589 (1991); Neiman v. Keane, 232 F.3d 577, 580 (7th Cir. 2000)).
The officer seeking the warrant must present "[s]ufficient information . . . to the magistrate to allow that official to determine probable cause; his action cannot be a mere ratification of the bare conclusions of others." Gates, 462 U.S. at 239. Thus, a law enforcement officer's "[m]ere affirmance of belief or suspicion is not enough" to demonstrate probable cause. Gates, 462 U.S. at 276 (citing Nathanson v. United States, 290 U.S. 41, 47, 54 S. Ct. 11, 78 L. Ed. 159 (1933)). A criminal complaint does not establish probable cause when "[it] contains no affirmative allegation that the affiant spoke with personal knowledge of the matters contained therein; it does not indicate any sources for the complainant's belief; and it does not set forth any other sufficient basis upon which a finding of probable cause could be made." Giordenello v. United States, 357 U.S. 480, 485, 78 S. Ct. 1245, 2 L. Ed. 2d 1503 (1958).*fn5
Here, the criminal complaint provides no information regarding the source of Detective Allison's information. The complaint does not state whether Detective Allison personally observed the alleged assault or whether an informant provided information, and if so, whether the informant was the putative victim, an alleged eyewitness, an unrelated third-party, or an anonymous source. It is materially indistinguishable from the criminal complaint that the Supreme Court rejected over forty years ago in Whiteley v. Warden, Wyoming State Penitentiary, 401 U.S. 560, 565, 28 L. Ed. 2d 306, 91 S. Ct. 1031 (1971). There, the Supreme Court concluded that an arrest warrant was not supported by probable cause where it was supported only by a criminal complaint alleging that the county sheriff believed the defendants "did then and there unlawfully break and enter a locked and sealed building." The Court explained that the complaint "consist[ed] of nothing more than ...