United States District Court, N.D. Illinois, Eastern Division
DARRYL HAMILTON, SR. (Father) on the behalf of the estate of DARRYL HAMILTON, JR. (Son) (Deceased), Plaintiff,
RICHARD M. DALEY (Mayor & State's Attorney), et al., Defendants.
MEMORANDUM OPINION AND ORDER
I. Shadur Senior United States District Judge.
Hamilton, Sr. ("Darryl Sr."), asserting that he
sues on behalf of the estate of his deceased son Darryl
Hamilton, Jr. ("Darryl Jr."), has submitted a thick
packet of some 500 pages, comprising a 99-page hand-printed
Complaint supplemented by another 400 pages of exhibits, in a
further effort to recover from a host of defendants for the
assertedly wrongful death of Darryl Jr. as a result of a
police shooting nearly 13 years ago (on December 3, 2003).
Darryl Sr. has also accompanied his self-prepared Complaint
with two completed Clerk's-Office-supplied forms: an In
Forma Pauperis Application ("Application") and a
Motion for Appointment of Counsel ("Motion"). This
memorandum order is issued sua sponte to dispatch both the
Complaint and this action because the bulky Complaint (an
understatement) carries its own seeds of self-destruction.
Complaint's caption reveals, Darryl Sr. has targeted
pretty much everyone in sight as defendants: former Mayor and
State's Attorney Richard M. Daley, former State's
Attorney Richard Devine, former Chicago Police Department
Superintendent Phillip Cline, former Corporation Counsel Mara
Georges and current Corporation Counsel Stephen Patton,
Circuit Court Judge Edward Washington III, Chicago Police
Department Officers David Garza and John Moss, the City of
Chicago and two non-legal-entities, the Chicago Police
Department and its Office of Professional Standards. In like
blunderbuss fashion, Darryl Sr. purports to invoke a small
hodgepodge of federal statutes and a larger group of Illinois
constitutional provisions and Illinois tort law while listing
these "ten seperate[sic] but related cause-of-action
'counts'" at Complaint pages 32 and 33 (what
follows is copied verbatim from those pages):
1. Count I - Cause-of-actions, under the Illinois
Constitution (ie. Illinois Constitution Common Law Tort).
2. Count II - Illegal stop & frisk.
3. Count III - Excessive force (assault).
4. Count IV - Wrongful death (battery and Illinois statute).
5. Count V - Civil conspiracy.
6. Count VI - Conspiracy depriving civil rights.
7. Count VII - Indemnification Claim.
8. Count VIII - Monell claim.
9. Count IX - Voidable judgment (Illinois statute).
10. Count X - Relief from judgment (Illinois statute).
of the many things that Darryl Sr. chooses to ignore in all
this is that he sought to assert much the same claims, or
pretty much indistinguishable variants on those claims, in
this District Court over ten years ago in his case number 05
C 4034 assigned to this Court's colleague Honorable
Rebecca Pallmeyer. Because pro se plaintiff Darryl Sr.
understandably did not accompany his current documents with a
Civil Cover Sheet, he did not identify this action as the
re-filing of a previously-dismissed case, which under this
District Court's LR 40.3(b)(2) would have caused the case
to be assigned directly to Judge Pallmeyer rather than to
this Court by random assignment. Nonetheless Judge Pallmeyer
and this Court have ...