United States District Court, C.D. Illinois, Peoria Division
ORDER AND OPINION
E. Shadid Chief United States District Judge
before the Court is the Defendants' Rule 56(a) Motion for
Summary Judgment. For the reasons stated herein, the
Defendants' Motion  is DENIED.
2013, Yunek Moore was charged as a juvenile with Resisting a
Peace Officer in violation of 720 ILCD 5/31-1. (Doc. 20-7).
Moore was placed on twelve months of court supervision after
a judge found that the State had met its burden during a
stipulated bench trial. (Doc. 20-8, 20-9). A year later, on
June 4, 2014, Moore filed the instant case against
Defendants, Officers Dotson, Williams, and Bond, stating a
§1983 excessive force claim and a state law battery
claim. The Plaintiff also states a respondeat
superior claim against the City of Peoria. The Plaintiff
seeks compensatory damages from all Defendants, collectively,
and punitive damages from each Defendant Officer
individually. Defendants filed their instant Motion for
Summary Judgment on September 17, 2016.
4, 2013, Plaintiff Yunek Moore, who was then seventeen years
old, was at a bonfire party with several other recent high
school graduates. The partygoers, around fifty individuals
and most under the age of twenty-one, were celebrating the
departure of two of their friends into training for the Army
National Guard. One of these individuals, Cipriana
Monteddeoca, lived at the residence where the party was held.
At some point during the party, a neighbor called the police.
Police were dispatched to the residence, 3819 N. Lynwood
Place, Peoria, Illinois, to investigate possible underage
drinking and loud music.
10:30 p.m., Officers Dotson, Bond, and Williams, all City of
Peoria Police Officers, arrived and began their
investigation. (Doc. 24-2, p. 11). After obtaining permission
from the homeowner the officers travelled to the back yard of
the residence where the party was taking place. Officer
Dotson used a bright flashlight to navigate through the yard.
Officer Dotson stated that the flashlight was shining at the
ground, but was several hundred lumens. (Doc. 24-2, p. 22).
light from the flashlight caught Yunek Moore's eyes.
Moore expressed some annoyance at the bright light, saying
something along the lines of “This light it
bright” or “Get that light out of my face!”
(Doc. 24-1, p. 7, at 24-25; Doc. 24-2, p. 26, 31; Doc. 20-11,
p. 40-41). It is disputed what Moore said or how much she
said after that. What is not disputed is that Officer Dotson
then approached Moore and asked for identification, but Moore
did not comply. Next, Moore was either asked to stand or
taken by the wrist and forced to stand. Moore resisted.
Bond and Williams became involved in this interaction, each
taking hold of both her arm and wrist. (Doc. 24-2, p. 46).
After Moore was forced into a standing position, the
Defendant Officers escorted Moore to the front yard using a
pain compliance technique, and Officer Dotson handcuffed her
while she was on top of the hood of the police car. After the
officers brought her to the front yard and eventually placed
her into a squad car, she was transported to the Peoria
to Officer Dotson, she was in her full police uniform at the
time of the incident. (Doc. 24-2, p. 29). Conversely, the
Plaintiff stated that she could not see the uniforms and
could not see due to the bright light in her eyes. (Doc.
24-1, p. 8, at 26). Dotson had asked to see identification
because of Moore's loud behavior and because Moore was
holding a red cup, although Officer Dotson never asked to see
what was in the cup. (Doc. 24-2, p. 29, 33). Dotson remembers
Moore yelling and using language; and that Moore continued to
express annoyance even when told by someone in the crowd to
quiet down because it was the police. (Doc. 24-2, p. 29, 34,
42). Dotson stated that she arrested Moore because after
several requests to get Moore to provide her identification,
Moore was obstructing the police investigation. (Doc. 24-2,
p. 30, 69). Dotson intended to escort Moore to the front yard
because she was inciting the crowd of partygoers. (Doc. 24-2,
p. 40). The officers testified that that when Moore resisted,
they brought her to a standing position. The officers admit
that they used a standard handshake control involving
applying pain compliance. (Doc. 20-3, p. 51-52, 81).
According to Officer Williams, he was the officer who told
Moore she was under arrest. (Doc. 24-2, p. 30).
on the way to the police car, Moore claims that she was
slammed into the side of the house, and was soon after
slammed into the hood of the squad car before she was
handcuffed. Moore claims that as a result of these maneuvers,
she required surgery for her shoulder and two surgeries for
her resulting wrist problems. According to Officer Williams,
however, Moore did not make contact with the house. (Doc.
20-3, p. 64). Rather, Officer Bond struck his elbow on the
side of the house while walking Moore to the front. Officer
Williams further stated that Moore was leaned over the hood
of the squad car in order for the officers to get more
leverage to handcuff her. (Doc. 20-3, p. 67-68).
Montesdeoca stated that the officers dragged Moore, pushed
her up against the side of the house while taking her through
the pathway to the front of the house. (Doc. 20-12, p. 52).
According to Cipriana, the more Moore tried to get away from
the officers, the more the officers pushed her against the
side of the house. (Doc. 20-12, p. 55). Moore told them to
stop, and explained that they were hurting her. (Doc. 20-13,
p. 74-75). Cipriana also testified that she saw the police
slam Moore against the passenger door of the police car.
(Doc. 20-12, p. 57-58). Another deposed witness, Ezra Murray,
testified that the slam against the house resulted as a
natural consequence of Moore's resistance. (20-17, p.
their Motion for Summary Judgment, the Defendants claim that