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Williams v. Stinar

United States District Court, N.D. Illinois

August 2, 2016

DOUVAISIER WILLIAMS (R-08320), Plaintiff,
v.
VINCENT STINAR, et al., Defendants.

          Douvaisier Williams, Plaintiff, Pro Se.

          Vincent Stinar, Defendant, represented by Matthew P. Dixon, City Of Chicago Department Of Law.

          Andrew Doerge, Defendant, represented by Matthew P. Dixon, City Of Chicago Department Of Law.

          Officer Platt, Defendant, represented by Matthew P. Dixon, City Of Chicago Department Of Law.

          Officer Salvetti, Defendant, represented by Matthew P. Dixon, City Of Chicago Department Of Law.

          City Of Chicago, Defendant, represented by Matthew P. Dixon, City Of Chicago Department Of Law.

          Service List,, represented by Prisoner Correspondence 3 - Internal Use Only.

          MEMORANDUM OPINION AND ORDER

          JAMES B. ZAGEL, District Judge.

         Plaintiff, Douvaisier Williams, brought this pro se action alleging that he was illegally stopped, his vehicle was illegally searched, and he was arrested without probable cause by several Chicago police officers. Presently before the Court is Defendants' motion to dismiss pursuant Federal Rule of Civil procedure 12(b)(6). Defendants' motion is granted.

         BACKGROUND

         A motion under Rule 12(b)(6) challenges the sufficiency of the complaint. See Hallinan v. Fraternal Order of Police of Chi. Lodge No. 7, 570 F.3d 811, 820 (7th Cir. 2009). Under Rule 8(a)(2), a complaint must include "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2). The short and plain statement under Rule 8(a)(2) must "give the defendant fair notice of what the claim is and the grounds upon which it rests." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citation omitted). Under the federal notice pleading standards, a plaintiff's "[f]actual allegations must be enough to raise a right to relief above the speculative level." Twombly, 550 U.S. at 555. Put differently, a "complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 570).

         "In reviewing the sufficiency of a complaint under the plausibility standard, [courts] accept the well-pleaded facts in the complaint as true." Alam v. Miller Brewing Co., 709 F.3d 662, 665-66 (7th Cir. 2013). Courts also construe pro se complaints liberally. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam). The court may take judicial notice of public records not included with the complaint when ruling on a motion to dismiss under Fed.R.Civ.P. 12(b)(6). Olson v. Champaign City, IL, 784 F.3d 1093, 1097 n.1 (7th Cir. 2015).

         Based on the above, the pertinent facts are as follows:

         Plaintiff alleges that on January 23, 2013, Chicago police officers received an anonymous tip that a white Mercury Grand Marquis with a specific license plate number was dropping off heroin in a particular area. (Doc. 1). Chicago police followed behind the vehicle and "claimed" that they observed Plaintiff make an illegal right turn. ( Id. ) The police officers stopped the vehicle and asked Plaintiff for a valid driver's license. ( Id. ) Plaintiff informed the police officers that he could not produce a valid driver's license and Plaintiff was arrested. Plaintiff was then searched by a police officer, who "allegedly" found thirteen packs of heroin on Plaintiff's body. ( Id. ) A search of the vehicle "allegedly" resulted in a finding of nearly ninety packs of heroin under the hood. ( Id. ) Defendant Officer Vincent Stinar's report indicates that he stopped Plaintiff's vehicle at 5:45 p.m. and arrested Plaintiff at 5:55 p.m. ( Id. ) However, documents from the Office of Emergency Management and ...


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