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Jordan Miller v. Village of Schaumburg

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


April 12, 2013

JORDAN MILLER, PLAINTIFF,
v.
VILLAGE OF SCHAUMBURG, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

This Court's March 28, 2013 memorandum opinion and order ("Opinion") marked the second time that it had occasion to address the action brought by Jordan Miller ("Miller") against the Village of Schaumburg ("Village") and two of its former officers, Terrance O'Brien and Matthew Hudak.*fn1 In response Miller's retained counsel has just filed a timely memorandum with attached exhibits.

Both of this Court's earlier efforts have made it clear that it makes no factual determinations, instead accepting Miller's allegations as true for current purposes. What his counsel's thoughtful and informative response has demonstrated is that, given such acceptance, there is a reasonable predicate for suing the Village as well as the accused officers in Monell terms.

Hence FAC Count III will be permitted to stand in that respect.

But the original March 5 Order had concluded by directing Miller "to file promptly a supplement to his original Complaint that fleshes out the dates (or approximate dates) of the ex-officers' further harassment of Miller and his family"--and the Opinion expressly reconfirmed that directive. Moreover, the Opinion went on to identify other serious problems with each of the contentions Miller seeks to advance--in part because of the potential statute of limitations problems under Section 1983 and in part because of potential legal difficulties with FAC Count I, which seeks to call civil RICO into play. Miller's current (April 11) filing says nothing at all about those matters.

Because of those deficiencies in Miller's recent filing, the previously-set April 19 status hearing will stand. At that time Miller's counsel will be expected to treat with the open questions raised by the Opinion.


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