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Boothe v. Sherman

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

September 3, 2014

PATRICE BOOTHE, as next friend of K.C., a minor, Plaintiff,
v.
ADAM SHERMAN, VILLAGE OF WHEELING, TOWNSHIP HIGH SCHOOL DISTRICT 214, and UNKNOWN DISTRICT 214 EMPLOYEES, Defendants

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[Copyrighted Material Omitted]

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For Patrice Boothe, as next friend of K.C., Plaintiff: April Dominique Preyar, Brendan Shiller, Mary Johanna Grieb, Shiller Preyar Law Offices, Chicago, IL.

For The Village of Wheeling, Defendant: Howard C. Jablecki, James Vincent Ferolo, Jason A Guisinger, Lance C. Malina, Mallory Anne Milluzzi, Klein Thorpe and Jenkins Ltd., Chicago, IL.

For Township High School District 214, Officer Sherman, Wheeling Police Officer; Star #155, Defendants: Michael E. Kujawa, LEAD ATTORNEY, William Charles Barasha, Judge, James & Kujawa, Ltd, Park Ridge, IL; Deborah Anne Ostvig, Judge James & Kujawa LLC, Park Ridge, IL.

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Memorandum Opinion and Order

Gary Feinerman, United States District Judge.

Patrice Boothe, the mother of K.C., a student at Wheeling High School, filed this suit against the Village of Wheeling, Wheeling police officer Adam Sherman, Township High School District 214 (which encompasses the high school), and unnamed District employees, alleging that they violated and conspired to violate K.C.'s federal and state civil rights, destroyed evidence favorable to her, and committed other torts. Doc. 1. On behalf of itself and its unnamed employees, the District has moved under Federal Rule of Civil Procedure 12(b)(6) to dismiss portions (Counts III, IV, V, and VIII) of the complaint, Doc. 22, and Sherman and the Village have done the same, Doc. 25. The motions are granted in part and denied in part.

Background

In considering the motions to dismiss, the court assumes the truth of the complaint's factual allegations, though not its legal conclusions. See Munson v. Gaetz, 673 F.3d 630, 632 (7th Cir. 2012). The court must also consider " documents attached to the complaint, documents that are critical to the complaint and referred to in it, and information that is subject to proper judicial notice," along with additional facts set forth in Boothe's brief opposing dismissal, so long as those facts " are consistent with the pleadings." Geinosky v. City of Chicago, 675 F.3d 743, 745 n.1 (7th Cir. 2012). The facts are set forth as favorably to Boothe as permitted by these materials. See Gomez v. Randle, 680 F.3d 859, 864 (7th Cir. 2012).

On October 11, 2012, Sherman, the on-duty police officer at Wheeling High School, grabbed K.C.'s arms and pulled

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her out of the school cafeteria and into a hallway. Doc. 1 at ¶ ¶ 10, 11. (Sherman explains in his brief that he was breaking up a fight, Doc. 25 at 1, but that explanation cannot be considered on a Rule 12(b)(6) motion.) Despite K.C.'s cooperation, Sherman intentionally tripped K.C., causing her to fall on her face; he then knelt on her back and handcuffed her. Doc. 1 at ¶ ¶ 12-16. As a result, K.C. suffered injuries to her back and ribs. Id. at ¶ ¶ 17-19. Sherman took K.C. to the Wheeling police station and detained her there for several hours. Id. at ΒΆ 20. K.C. was charged with disorderly conduct, mob action, ...


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