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Mutter v. Madigan

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

February 13, 2014

LISA MADIGAN (in her official capacity); RAHM EMANUEL (in his official capacity); CHRISTOPHER KENNEDY (in his official capacity); THE UNIVERSITY OF ILLINOIS AT CHICAGO; WILLIAM RODRIGUEZ (in his official capacity); THE UNIVERSITY OF ILLINOIS AT CHICAGO POLICE DEPARTMENT; and FOUR UNNAMED MEMBERS OF THE UIC PATROL (in their official capacities), Defendants

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For Zachary M. Mutter, Plaintiff: Gerardo Solon Gutierrez, LEAD ATTORNEY, Attorney at Law, Chicago, IL.

For Lisa Madigan, in her Official Capacity as Attorney General of the State of Illinois, Defendant: Michael T. Dierkes, LEAD ATTORNEY, Office of th Illinosi Attorney General, Chicago, IL; Deborah Morgan Beltran, Illinois Office of the Attorney General, Chicago, IL.

For William Rodriguez, Associate Dean of Students, University of Illinois, Chicago, and on behalf of the Student Disciplinary Board at UIC, Christopher Kennedy, as Chairman of The Board Of Trustees For The University of Illinois, Chicago, University of Illinois, Chicago, The, a Public University, University of Illinois, Chicago Police Department, The, a division of the Chicago Police Department, Four Unnamed Members, of the UIC Patrol Officers Acting in their Official Capacity, Defendants: Jeffrey Scott Nowak, LEAD ATTORNEY, Franczek Radelet P.C., Chicago, IL; Ellen Frances Wetmore, Franczek Radelet, Chicago, IL.


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JOHN W. DARRAH, United States District Court Judge.

Defendants, the University of Illinois at Chicago; the University of Illinois at Chicago's Police Department; Christopher Kennedy, the Chair of the Board of Trustees of the University of Illinois; William Rodriguez, the Associate Dean of Students at the University of Illinois at Chicago; and four unnamed members of the University student patrol (collectively, " the University Defendants" ), move to dismiss Plaintiff Zachary Mutter's Complaint, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). For the reasons presented below, Defendants' Motion to Dismiss [18] is granted, and the Complaint is dismissed. Plaintiff's Motion for a Preliminary Injunction [21] is denied as moot.


Mutter, a former second-year dental student at the College of Dentistry at the University of Illinois at Chicago (" UIC" ), has brought a seven-count Complaint against Defendants, alleging violations of his rights under the Second, Fourth, Fifth and Fourteenth Amendments of the Constitution, as well as claims for tort and breach of contract. The action stems from UIC's expulsion of Mutter, after Mutter brandished but did not discharge a concealed firearm. Mutter, a nonresident of Illinois, does not hold an Illinois Firearm Owner's Identification (" FOID" ) card for the gun, though he does have a valid Commonwealth of Virginia Non-Resident Concealed Handgun Permit.

The following facts are taken from Mutter's Complaint. On October 20, 2013, at approximately 10:30 p.m., Mutter and a fellow student, Natasha Kanchwala, were walking home from the library at Rush University Medical Center, when they witnessed a woman being brutally attacked bye a large, unknown assailant, later identified as Kenneth Cambell. (Compl. ¶ 4(h).) After Mutter yelled at Cambell to stop, Cambell started running at Mutter and Kanchwala and yelling threatening, racially charged comments at them. ( Id ¶ 4(l).) Kanchwala called 911; Mutter then drew his handgun, a Glock 9mm semi-automatic pistol, and pointed it at Cambell, demanding that he stop. ( Id. ¶ 4 (m).) Cambell retreated, got into a car with the woman he had been attacking, and sped off. ( Id. ¶ 4(n).) Mutter and Kanchwala continued walking to their apartments until they were confronted and threatened by Cambell again, who pulled up in the same car, parked directly in front of them, jumped out of the car, began screaming at them, and appeared to try to retrieve something from his pocket. ( Id. ¶ ¶ 4(o)-(q).)

During this second confrontation, Mutter saw a UIC Patrol vehicle with four unnamed students, acting as UIC patrol officers (the " Four Student Patrol Officers" ), and attempted to flag the vehicle down for help. ( Id. ¶ 4(r).) In response, the Four Student Patrol Officers locked their vehicle's doors and rolled up the windows. ( Id. ¶ 4(s).) As Cambell continued to make his threats, Mutter pulled out his handgun again, causing Cambell to leave the area. ( Id. ¶ ¶ 4(t)-(u).) Mutter and Kanchwala called 911 again, and then Mutter walked to his nearby apartment and put his handgun away. The UIC Police subsequently arrived and conducted a preliminary investigation. When Mutter returned to the scene a few minutes later, he was handcuffed and arrested by the UIC Police. ( Id. ¶ ¶ 4(v)-(y).) On the request of the UIC Police, Mutter signed a consent form permitting a search of his house, during which the UIC Police retrieved Mutter's handgun and ammunition. The Four Student Patrol Officers signed complaints

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against Mutter for placing their lives in jeopardy in four separate counts of reckless conduct with a firearm and two counts of aggravated unauthorized use of a firearm. ( Id. ¶ 4(x).) The UIC Police later approved the charges, Mutter was processed and fingerprinted, and his firearm was impounded. ( Id. ¶ 4(aa).)

On October 25, 2013, Mutter was notified he was being placed on suspension, and, on October 29, 2013, UIC conducted a disciplinary hearing. During the hearing, Mutter was not allowed to speak, to cross-examine witnesses, or otherwise participate in the hearing, pursuant to the Student Disciplinary Handbook. He was permitted to call Kanchwala, who corroborated his version of the facts presented, but was not allowed to call any of the Four Student Patrol Officers. ( Id. ¶ ¶ 4(bb)-(ff).) Mutter was thereafter expelled and unenrolled from his classes, with the ...

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