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Hamilton v. Daley

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

September 29, 2016

DARRYL HAMILTON, SR. (Father) on the behalf of the estate of DARRYL HAMILTON, JR. (Son) (Deceased), Plaintiff,
v.
RICHARD M. DALEY (Mayor & State's Attorney), et al., Defendants.

          MEMORANDUM OPINION AND ORDER

          Milton I. Shadur Senior United States District Judge.

         Darryl 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.

         As the 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).

         But one 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 ...


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