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Randle-El v. City of Chicago

United States District Court, Northern District of Illinois, Eastern Division

December 12, 2014

ABBIDULA RANDLE-EL Plaintiff,
v.
CITY OF CHICAGO AND CHICAGO POLICE OFFICERS JAEHO JUNG, Star #13387, and JEFFREY FRAHM, Star #5904, Defendants.

MEMORANDUM OPINION AND ORDER

SHARON JOFFNSON COLEMAN UNITED STATES DISTRICT JUDGE

Plaintiff Abbidula Randle-El sued the City of Chicago and Chicago police officers Jaeho Jung and Jeffrey Frahm (collectively “Defendants”) alleging a violation of 42 U.S.C. § 1983 due to illegal search and seizure, false imprisonment, conspiracy to deprive Randle-El of his constitutional rights, violation of his equal protection rights, and malicious prosecution. Before the Court is Randle-El’s amended objection to Magistrate Judge Valdez’s order denying Randle-El’s motion for partial reconsideration. For the reasons set forth, Randle-El’s objection is overruled and the Magistrate Judge’s order is affirmed.

Background

Randle-El was arrested on December 13, 2011, and charged with solicitation and distribution of cigarettes, possession of drug paraphernalia, and possession of less than five grams of methamphetamine. The prosecution eventually dismissed the charges on its own motion and Randle-El filed the instant civil rights lawsuit. (Dkt 1).

Randle El’s counsel, Jared Kosoglad, was conducting the considerably contentious deposition of one of the arresting officers, Defendant Frahm, when he discovered Jung signaling Frahm to check his cellular phone. Kosoglad, stated, “You guys are sending each other messages during the deposition, you know.” Defense counsel, Brian Kolp, denied the allegation. The following occurred on the record:

“BY MR. KOSOGLAD:
Q. Officer Jung just indicated that you should check your phone. Did you check your phone and see a message from Officer Jung?
A. Is that a question?
Q. Yes.
A. Yes.
Q. What did he say to you?
A. Can I answer it?
MR. KOLP: No. Just answer the questions. ...

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