United States District Court, N.D. Illinois, Western Division
For David Ohlrich, Plaintiff: Daniel P. Kiss, Louis Joseph Meyer, Meyer & Kiss, LLC, Chicago, IL.
For Village of Wonder Lake, T Harding, Wonder Lake Police Officer, Star 9636, Defendants: Jeannine Stephanie Gilleran, LEAD ATTORNEY, Litchfield Cavo, LLC, Chicago, IL; Patrick John Ruberry, Litchfield and Cavo, LLP, Chicago, IL; Thomas A. Jacobson, LITCHFIELD CAVO LLP, Chicago, IL.
For McHenry County, Nulle, McHenry County Sheriff's deputy, Star 1978, Keith Nygren, McHenry County Sheriff, Defendants: George Michael Hoffman, LEAD ATTORNEY, McHenry County State's Attorney, Woodstock, IL; Karen Lynn O'Brien, McHenry County State's Attorney's Office, Woodstock, IL.
Philip G. Reinhard, United States District Court Judge.
For the reasons stated below, defendant McHenry County Sheriff Keith Nygren's motion to dismiss count III  is denied and defendant Timothy Harding's motion to strike plaintiff's request for punitive damages in count IV  is denied.
On December 23, 2013, plaintiff David Ohlrich filed a six-count complaint against the Village of Wonder Lake, Wonder Lake Police Officer Timothy Harding, McHenry County, McHenry County Sheriff Keith Nygren, and McHenry County Sheriff's deputy Steven Nulle (collectively " defendants" ).  In his complaint, plaintiff brings an excessive force claim under 42 U.S.C. § 1983 against defendants Harding and Nulle (count I), a failure to intervene claim under 42 U.S.C. § 1983 against defendants Harding and Nulle (count II), a Monell claim under 42 U.S.C. § 1983 against defendant Keith Nygren (count III), a state law battery claim against defendants Harding and Nulle (count IV), a state law respondeat superior claim against the Village of Wonder Lake and defendant Nygren (count V), and a state law indemnification claim against the Village of Wonder Lake and McHenry County (count VI). All of plaintiff's claims relate to his arrest and subsequent criminal proceedings that occurred in December 2012.
The complaint states plaintiff was arrested on December 25, 2012 and was charged with domestic battery.  ¶ ¶ 14, 33. On the said date, plaintiff's sister was visiting for the Christmas holiday.  ¶ 16. Allegedly, in the early evening hours on December 25th, plaintiff's sister began to experience chest pains and called 911.  ¶ 17. When this occurred, plaintiff claims he had fallen asleep watching television.  ¶ 15. Apparently, plaintiff was still asleep when the Wonder Lake Fire Department and Wonder Lake Police Officer Timothy Harding and McHenry County Deputy Sheriff Steven Nulle responded to the call and arrived at his residence.
When the authorities arrived, plaintiff's sister spoke to paramedics outside the residence and reported that she was experiencing chest pains. Plaintiff contends his sister never mentioned anything regarding a domestic disturbance and instead only
complained of chest pains. Despite this, plaintiff alleges officers Harding and Nulle entered his home and " violently grabbed" him and " slammed him to the floor."  ¶ 24. He claims he did not attempt to resist the officers, but they proceeded to kick and strike him anyway. Plaintiff alleges that the officers eventually handcuffed him excessively tight and informed him he was under arrest for domestic battery. He believes the basis for the arrest was a false report Harding submitted which stated that plaintiff's sister had reported plaintiff was beating her.  ¶ 30. Plaintiff reiterates that his sister never complained about an alleged battery on the date in question.  ¶ 33. Ultimately, on March 18, 2013, plaintiff's domestic battery charges were nolle prosse'd. Id.
Plaintiff claims he suffered injuries as a result of the arrest on December 25, 2012.  ¶ 35. He states that after he was released from jail, he received medical treatment for these injuries. These allegations form the basis of plaintiff's excessive force claim (count I), his failure to intervene ...