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Daaiyah Manning v. John Sweitzer

July 2, 2012

DAAIYAH MANNING, PLAINTIFF,
v.
JOHN SWEITZER, PARK FOREST POLICE DETECTIVE; MICHAEL BAUGH, PARK FOREST POLICE DETECTIVE CORPORAL; PETER GREEN, PARK FOREST POLICE DETECTIVE COMMANDER; THOMAS FLEMING, FORMER PARK FOREST CHIEF OF POLICE; AND THE VILLAGE OF PARK FOREST DEFENDANTS.



The opinion of the court was delivered by: Elaine E. Bucklo United States District Judge

MEMORANDUM OPINION AND ORDER

On Jan. 20, 2012, pro se Plaintiff Daaiyah Manning ("Manning") filed this 12-count complaint against various Park Forest police officers and the Village of Park Forest following her arrest pursuant to an Arizona warrant. Named in the complaint are Detective John Sweitzer, Detective Corporal Michael Baugh, Detective Commander Peter Green, and former Police Chief Thomas Fleming. Manning alleges: (1) unreasonable search and seizure of her vehicle; (2) denial of the right to counsel; (3) cruel and unusual punishment; (4) a conspiracy under 42 U.S.C. § 1985; (5) failure to train; (6) unlawful detention, and several state law claims. Defendants have moved to dismiss the complaint in its entirety for failure to state a claim. For the reasons that follow, the motion is granted in part and denied in part.

Counts I and II may go forward, along with Manning's indemnification claim against the Village of Park Forest. The remainder of the complaint is dismissed.

I.

As a preliminary point, the parties dispute what facts I should consider in ruling on this Fed. R. Civ. P. 12(b)(6) motion to dismiss. Manning has attached to her complaint the police reports from her arrest, as well as a copy of an email sent by her daughter to police while she was being held at the Park Forest Police Department. Defendants argue that the police reports should be considered part of the pleadings pursuant to Fed. R. Civ. P. 10(c). While this is true, it does not mean that Manning vouched for all the facts in the police report. Guzell v. Hiller, 223 F.3d 518, 519 (7th Cir. 2000). Rather, "the plaintiff's purpose in attaching an exhibit to his complaint determines what assertions if any in the exhibit are facts that the plaintiff has incorporated into the complaint." Id; see Gale v. Hyde Park Bank, 384 F.3d 451, 452 (7th Cir. 2004) ("the plaintiff may tell the court what his adversary has said without throwing in the towel.").

Plaintiff's complaint adopts some of the facts in the police reports, but it is clear that she did not intend to adopt the reports in their entirety. For example, she contends that she did not waive her right to counsel while being interviewed by police, while police reports indicate that she did. Given that Plaintiff has not adopted the reports as true, I will not consider them to be true in all respects. I will, however, consider the warrant for Manning's arrest attached to Defendants' motion to dismiss, given that it is referred to in her complaint and is central to her claim. 188 LLC v. Trinity Indust., Inc., 300 F.3d 730, 735 (7th Cir. 2002) (internal citations omitted).

The following facts are taken from Manning's complaint and the warrant and considered in the light most favorable to the Plaintiff. Manning was indicted in Maricopa County, Ariz., for conspiracy to commit custodial interference, and on July 16, 2010, a fugitive felony warrant for her arrest was issued. Manning was accused of interfering in a custody dispute involving her grandson. Because Manning was a resident of Park Forest, Arizona police sought the assistance of Park Forest police in executing the warrant. Detective Sweitzer was assigned the case, and on July 29, 2010, Detective Sweitzer arrested Manning in Chicago.

According to the police reports, Detective Sweitzer arrested Manning after having received a tip from an apartment manager in Chicago. The apartment manager reported that Manning came to his office to complete a rental application and was accompanied by a small boy. Suspicious of her demeanor, the apartment manager looked her up on-line and realized she was wanted for custodial interference.*fn1 Manning was scheduled to return to the apartment later that day to pick up keys, so Detective Sweitzer set up surveillance and arrested her as she was walking to the building.

Plaintiff alleges that she was handcuffed, put in the back of a squad car, and not shown a copy of the warrant for her arrest. Detective Sweitzer proceeded to search Manning's vehicle, which was parked nearby. Manning's complaint points to a portion of the police reports indicating Detective Sweitzer did an inventory search of the vehicle before it was towed. (Dkt. No. 1, Ex. A, at 5.)

After searching the vehicle, Detective Sweitzer brought Manning back to the Park Forest Police Department, where she was detained in a small holding cell. Manning alleges that when they arrived at the police station, she requested a phone call, and to speak with an attorney, but Detective Sweitzer refused. Other officers, acting at Detective Sweitzer's direction, later refused to let her call to check on the well-being of her minor child.

The next day, on July 30, 2010, Manning's daughter, Tauheedah Najee-Ullah Bey, emailed police and told them their conduct in arresting and detaining Manning was illegal. Defendant Thomas Fleming, then chief of the Park Forest police, responded by saying "Good luck on this matter."

Then, on July 31, 2010, Detective Sweitzer and Detective Corporal Baugh questioned Manning without the benefit of counsel. Manning contends she repeatedly requested counsel, while the police reports indicate that she knowingly waived her right to counsel. At some point, Manning's son hired her a lawyer.

On July 31, 2010, Manning's grandson was brought to the Park Forest police station by her attorney. On Aug. 2, 2010, Manning was transferred to the custody of the Cook County Sheriff's Department. Manning alleges that during the time she was held at the Park Forest Police Department, she had no access to bathing facilities, bedding, clean clothing, or her prescribed medication. Her glasses were removed from her possession when she arrived at the police station.

Manning was not charged with any crimes in the state of Illinois, and was eventually extradited to Arizona on the ...


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