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London v. Guzman

United States District Court, N.D. Illinois, Eastern Division

February 11, 2014

KERRY LONDON, Plaintiff,
v.
DAVID GUZMAN, et al., Defendants

Page 747

[Copyrighted Material Omitted]

Page 748

For Kerry London, Plaintiff: Edward M. Fox, LEAD ATTORNEY, Jonathan Daniel Wassell, Ed Fox & Associates, Chicago, IL.

For David Guzman, Chicago Police Officer, Star No. 12877, Lawrence Stec, Chicago Police Officer, Star No. 1980, W. Murphy, Chicago Police Officer, Star No. 6066, Defendants: Barrett Elizabeth Boudreaux, LEAD ATTORNEY, Corporation Counsel, Federal Civil Rights Litigation, Chicago, IL; Kristin Linn Acuff, City Of Chicago - Department Of Law, Chicago, IL.

For City Of Chicago, Defendant: Barrett Elizabeth Boudreaux, LEAD ATTORNEY, Corporation Counsel, Federal Civil Rights Litigation, Chicago, IL; Geri Lynn Yanow, City of Chicago, Department of Law, Individual Defense Litigation, Chicago, IL; Kristin Linn Acuff, City Of Chicago - Department Of Law, Chicago, IL.

OPINION

Page 749

OPINION AND ORDER

Hon. CHARLES RONALD NORGLE, United States District Judge.

Plaintiff Kerry London (" London" ) sues Defendants Chicago Police Officers David Guzman (" Officer Guzman" ), Lawrence Stec (" Officer Stec" ) and W. Murphy (" Officer Murphy" ), and the City of Chicago (collectively, " Defendants" ) for false arrest under 42 U.S.C. § 1983, in violation of the Fourth Amendment, and for state-law malicious prosecution. Before the Court is Defendants' motion for summary judgment. For the following reasons, the motion is granted.

I. BACKGROUND

A. Facts [1]

On November 15, 2011, Officer Guzman prepared a Complaint for Search Warrant and a Search Warrant regarding the investigation of Kerry " Red" London for the sale of a controlled substance--namely, crack cocaine--with the assistance of a " John Doe," confidential informant (the " CI" ), who reported illegal narcotics activity taking place at the basement apartment located at 8010 S. Manistee Street, Chicago, Cook County, Illinois. The Complaint for Search Warrant states, inter alia, that Officer Guzman met with the CI on November 14, 2011; that the CI informed Officer Guzman that he had had been smoking crack cocaine for over ten years; that he had purchased crack cocaine from " Red" for the past month; that he had purchased crack cocaine on " at least three different occasions in the last seven days" ; and, that one day prior to this meeting, on November 13, 2011, the CI arrived at the location of 8010 S. Manistee Street, Chicago, Illinois where he purchased and used crack cocaine from " Red," and experienced the " same euphoric feeling" he felt in the past after smoking crack cocaine. Pl.'s Local Rule 56.1 Statement of Additional Facts Ex. C.

The Complaint for Search Warrant includes a specific description of the November 13, 2011 drug transaction as follows. The CI was greeted by " Red" in the hallway of the 8010 S. Manistee Street, Chicago, Illinois apartment building. The CI then requested a portion of crack cocaine in return for United States currency. After agreeing on a price, " Red" briefly went into the basement apartment while the CI stood at the doorway of the apartment. " Red" returned holding several clear plastic knotted bags of crack cocaine, which he allowed the CI to inspect for quantity and quality. Following the inspection, the CI tendered United States currency to " Red." Thereafter, the CI observed " Red" return back into the basement apartment with the remaining portions of crack cocaine.

Page 750

In addition, the Complaint for Search Warrant states that Officer Guzman and the CI relocated to 8010 S. Manistee Street, Chicago, Illinois where the CI pointed to the brick apartment building and stated, " In the basement apartment is where Red sells Crack from." Id. Further, the Complaint for Search Warrant specifies that a DATAWAREHOUSE check of the area of 8010 S. Manistee Street, Chicago, Illinois revealed a subject named Kerry London, and that the CI positively identified the DATAWAREHOUSE photo of Kerry London as " Red," the subject who sold him crack cocaine. The Complaint for Search Warrant did not state whether the check identified ...


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