United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
S. SHAH UNITED STATES DISTRICT JUDGE.
disturbance involving defendant LaDonna Hudson broke out at
an Aldi's Food Market, where plaintiff Joyce Trice was
working as a security guard. Trice believes that Hudson
conspired with defendants Detective Rogelio Lara and
Detective Majdi Shalabi of the Chicago Police Department to
have her falsely arrested.  at 7. Trice brings an action
for false arrest against defendants Lara and Shalabi, and an
action for conspiracy under 42 U.S.C. § 1983 against
defendants Lara, Shalabi, and Hudson. Defendants Lara and
Shalabi filed a joint motion for summary judgment of
Trice's claims against them; and defendant Hudson filed a
separate motion for summary judgment of Trice's claim
against her. Both motions for summary judgment are granted.
court construes all facts and reasonable inferences in the
light most favorable to Trice. CTL ex rel. Trebatoski v.
Ashland Sch. Dist., 743 F.3d 524, 528 (7th Cir. 2014).
Under Local Rule 56.1, statements of fact must be supported
by admissible evidence to be admitted. Such statements by the
moving party, here, the defendants, will be deemed admitted
unless they are properly controverted by a statement of the
opposing party, Trice.
December 6, 2012, Hudson went grocery shopping at Aldi's
Food Market on Cottage Grove Avenue in Chicago, Illinois.
 at 2, ¶ 7. Trice was working at that Aldi's as an
armed security guard.  at 3, ¶ 8. When it was
Hudson's turn to purchase her groceries at the register,
she thought that the previous customer was in her way. 
at 3, ¶ 10. The parties disagree about the details, but
the general sequence of events has been established. After
Hudson began speaking to the other customer, Trice
intervened.  at 3-4, ¶¶ 10-11, 13. Hudson and
Trice then got into an argument.  at 5, ¶¶
14-15. Trice attempted to take the grocery cart from Hudson,
and in that moment, she felt a tear in her
chest.  at 7;  at 109-10, 74:22-75:2,
81:18-24. The altercation caused Hudson to call 911.  at
9, ¶ 21. Hudson then talked to the on-duty store manager
at Aldi's about a surveillance video, Trice's
placement of her grocery cart outside, and a refund.  at
10-12, ¶¶ 24-28. Eventually Hudson left the store
with her groceries and waited in the parking lot for the
police to arrive.  at 13, ¶ 30. Trice remained
inside and did not go out to the parking lot when the police
arrived.  at 112-13, 87:6-9, 89:10- 12, 92:8-13.
unmarked police car pulled into the Aldi's parking lot;
Officer Michael Jones and Officer Fred Taylor spoke with
Hudson.  at 13, ¶ 31. During her former
career as a police officer for the Chicago Police Department,
Hudson served as a mentor to both Jones and Taylor; she also
dated Jones's father for fifteen years, but that
relationship ended many years ago and Jones's father is
now deceased.  at 13, ¶ 31; id. at 190,
47:15-48:2. They explained to Hudson that the police officer
who was assigned to take the preliminary report was on his
way; they could not take the report because they were only
assigned to make warrant arrests.  at 13-14, ¶¶
31, 35. While waiting for the other police officer to arrive,
Jones and Taylor allowed Hudson to sit in the back of the
police car to stay warm.  at 14, ¶ 32.
the responding officer arrived, Hudson explained to him that
she was the victim and that she was a retired police officer.
 at 15, ¶ 37. In response, the responding officer
requested a supervising sergeant to come to the scene.
Id. The three officers and Hudson continued waiting
in the Aldi's parking lot.  at 191, 52:2-53:13. Some
twenty minutes later, a sergeant arrived on the scene and
entered Aldi's.  at 15-16, ¶¶
39-40. While inside Aldi's, the sergeant
asked Trice questions for over ten minutes.  at 113-14,
93:4-97:23. When the sergeant reappeared in the parking lot,
Hudson attempted to tell him what happened, but he quickly
left the scene.  at 16, ¶ 41. The officers also left
the scene.  at 17, ¶ 42. Neither the sergeant nor
any of the officers filled out a police report about the
incident, and no one was arrested.  at 16-18,
¶¶ 41-42, 46.
Hudson returned to her home that same evening, she called 311
to make a non-emergency report of the incident at Aldi's.
 at 18, ¶ 46. The 311 operator transferred Hudson to
a police officer to make a report.  at 18, ¶ 47.
Based on Hudson's description of the events, Officer
Frank Doyle created an “Original Case Incident Report,
” which stated: “In summary, LaDonna Hudson
(victim) related to [Officer Doyle] that at above time and
location she got into a verbal altercation with J Trice
(offender) who works at above location as a security guard.
Victim states that offender told her that she better leave
the store or she is going to get hurt.”  at 18-19,
¶ 47;  at 214-15.
the Original Case Incident Report was filed, a Reporting
Officer created and approved a “Case Supplementary
Report” on December 7, 2012.  at 217. This report
assigned Trice's case to Detective Lara for further
investigation.  at 215, 217.
second Case Supplementary Report was created by another
detective on December 11, 2012, and approved two days later.
 at 219. This report states that the detective conducted
a follow-up investigation with Hudson, and she told the
detective that while she was at Aldi's, Trice
“began to argue with her, snatched her cart full of
groceries from her and said ‘I wish I could just shoot
you.'”  at 220. The report notes that Hudson
believed there may be video surveillance of the event and
that the detective contacted Aldi's District Manager to
retrieve the video. Id.
Case Supplementary Report was created by Lara on February 8,
2013 and approved three days later.  at 226. It explains
that Lara and the other detective spoke about the
investigation, and that Lara followed up with Aldi's
district manager about the video surveillance.  at
227-28. The district manager confirmed that he would download
the video recording onto a disk, which would be available for
Lara to pick up the next day.  at 228. A few days later,
Lara went to Aldi's and talked to the on-duty store
manager. Id. The on-duty manager presented Lara with
a disk that the district manager had given to him.
Id. Lara returned to the Area Central Office and
unsuccessfully attempted to open the video file on the disk.
Id. The computer did not have the proper program to
open the file, but Lara noted in the report that he would
make further attempts to open the file to view the video.
his deposition, Lara gave a more detailed description of the
events surrounding the retrieval and viewing of the video.
Lara testified that the on-duty manager commented that the
video had been reviewed and that the reviewer did not see any
type of disturbance or physical altercation.  at
33:1-34:15. Lara assumed that the district manager had
reviewed it. Id. It is unclear whether Lara honored
the commitment he made in the report to make further attempts
to view the video. Lara did admit, however, that he did not
inventory the disk “because [he] felt that it
didn't contain any evidentiary value.”  at
69:12-15. He explained that in his initial conversation with
the district manager, Lara learned that the video did not
have audio.  at 35:13-17. Thus, in Lara's opinion, a
video without sound would not have “made a
difference” in his investigation of a verbal
assault.  at 60:19-23.
fourth Case Supplementary Report was created by Lara on
February 9, 2013, and approved two days later.  at 222.
This report outlines Lara's conversation with Hudson in
which Hudson said Trice approached her and “grabbed her
grocery cart and verbally assaulted her by stating, ‘I
wish I could just shoot you.'”  at 224. Hudson
told Lara that she wished to sign a criminal complaint
against Trice. Id. The report also states that Lara
went to Aldi's, looking for Trice, but was informed by
the on-duty manager that she was not scheduled to work
anytime soon due to her workplace injury.  at 225. Lara
left his business card, and sometime thereafter, Lara
received a telephone call from Trice. Id. Lara
requested to meet with Trice, but she declined. Id.
Next, the report states that Lara made an appointment to meet
Hudson at her home. Id. At that appointment, Lara
showed Hudson the photo-array that he created and Hudson
immediately identified Trice from the five photos.  at
224-25. Hudson then signed a complaint against Trice.  at
225. Finally, the report stated that Lara issued an
investigative alert to arrest Trice with probable cause.
testified that he determined there was probable cause to
arrest Trice after he reviewed the original and supplemental
reports, interviewed Hudson, conducted the photo-array that
led to Hudson's identification of Trice, and facilitated
Hudson's signing of the complaint.  at 73:9-16. He
also confirmed that it was his understanding that, as a