United States District Court, N.D. Illinois, Eastern Division
ANTHONY KURI a.k.a. Ramsey Qurash, Plaintiff,
CITY OF CHICAGO, et al., Defendants.
MEMORANDUM OPINION AND ORDER
ST. EVE, DISTRICT COURT JUDGE
March 12, 2013, Plaintiff Anthony Kuri filed a First Amended
Complaint alleging violations of his constitutional rights,
along with supplemental state law claims, against Defendants
City of Chicago and individual Chicago Police
Officers. After the parties conducted fact discovery
and briefed the individual Defendant Officers' motion for
summary judgment, the Executive Committee for the Northern
District of Illinois reassigned this lawsuit to the Court on
October 16, 2017. Before the Court is Defendants' motion
for summary judgment brought pursuant to Federal Rule of
Civil Procedure 56(a).
following reasons, the Court grants in part and denies in
part Defendants' motion. The Court grants Defendants'
motion in relation to Defendant Officers Thomas Kolman, Noe
Sanchez, and Carmen Lopez due to their lack of involvement in
the alleged constitutional violations and malicious
prosecution. Otherwise, the Court denies the remainder of
Defendants' summary judgment motion. As such, the
remaining individual Defendant Officers in this lawsuit are
Defendant Officers John Folino, Jr. and Timothy McDermott.
Anthony Kuri's present lawsuit stems from his arrest and
prosecution for a shooting that occurred in July 2009 on the
4600 block of North Central Park Avenue in Chicago, Illinois.
More specifically, just before midnight on July 23, 2009, a
group of friends in their teens and twenties - some of whom
were Latin Kings - were driving around in Tony
Fernandez's mini-van. (R. 169, Defs.' Rule 56.1 Stmt.
Facts ¶ 4; R. 181, Pl.'s Rule 56.1 Stmt. Facts
¶¶ 2, 3.) In the early hours of July 24, 2009, the
driver of the mini-van, Guarav Patel, drove the vehicle to
the 4600 block of North Central Park Avenue to drop off
passenger Zay Russell at his home. (Defs.' Stmt. Facts
¶ 5.) At that time, there were only three individuals
left in the mini-van, namely, Patel, Russell, and Fernandez.
(Id. ¶¶ 5, 8; Pl.'s Stmt. Facts ¶
25.) As Russell began to exit the mini-van, someone started
shooting at the vehicle hitting Patel in the neck and
Fernandez in the leg. (Defs.' Stmt. Facts ¶ 6;
Pl.'s Stmt. Facts ¶¶ 6, 7.) Fernandez then took
control of the mini-van and drove to Wilson Avenue, after
which he and Russell got out and summoned help. (Defs.'
Stmt. Facts ¶ 7, Pl.'s Stmt. Facts ¶¶ 7,
8.) An ambulance took Patel and Fernandez to Illinois Masonic
Hospital where Patel was pronounced dead. (Defs.' Stmt.
Facts ¶ 8; Pl.'s Stmt. Facts ¶ 8.) Both
Fernandez and Russell survived the shooting. (Defs.'
Stmt. Facts ¶ 8.)
police detectives processed the crime scene where they found
a Huffy brand bicycle. (Pl.'s Stmt. Facts ¶ 20.) The
bicycle was processed for fingerprints and DNA testing, which
excluded Plaintiff as having contributed to the DNA on the
bike. (Id. ¶¶ 20, 49.) It is undisputed
that no forensic evidence collected at the crime scene
implicated Plaintiff in any respect. (Id. ¶
either July 24 or 25, 2009, Defendant Detectives Timothy
McDermott and John Folino were assigned to investigate the
shooting. (Id. ¶ 13.) Initially, they reviewed
the paperwork of the shooting, including General Progress
Reports (“GPRs”) and other case reports.
(Id.) According to the July 24 GPR (and August 4
Supplementary Report), on the night of the shooting, Russell
told Defendants McDermott and Folino that he had been driving
around in a van with Fernandez, Patel, and two Latin Kings.
(Pl.'s Stmt. Facts ¶ 14.) Russell further stated
that about a half an hour before the shooting, two Spanish
Cobra gang members, nicknamed Chino and Funk, tried to start
a fight with the individuals in the mini-van. (Id.)
The police reports further indicate that after the shooting,
Russell told the police officers that two unknown male
Hispanics riding bikes approached the mini-van and yelled
“King Killer.” (Id. ¶ 15.) The
August 4, 2009 Supplemental Report about Russell's
initial interview stated that “Russell may be able to
recognize the offenders in the future, ” but he
“could not add any additional information at this
time.” (Id. ¶ 27.) There is also evidence
in the record that Russell knew Plaintiff since they were
young and that Fernandez “knew of” Plaintiff
prior to the shooting. (Id. ¶ 11.) Both Russell
and Fernandez saw the shooter on July 24, 2009 and initially
told the police that they did not know who the shooter was.
(Id. ¶ 9.)
Defendant Officers McDermott and Folino gathered information
indicating that Spanish Cobras were a problem in the area of
the shooting, and, in an attempt to identify the
perpetrators, the detectives generated photo arrays to show
witnesses. (Defs.' Stmt. Facts ¶ 13.) On August 1,
2009, Defendants McDermott and Folino went to the hospital to
interview Fernandez. (Defs.' Stmt. Facts ¶ 14;
Pl.'s Stmt. Facts ¶ 17.) At that time, Defendant
Officers brought photo arrays of Spanish Cobra gang members,
after which Fernandez told the officers that the offenders
were not in the photo arrays. (Defs.' Stmt. Facts ¶
14; Pl.'s Stmt. Facts ¶ 17.) According to police
reports, Fernandez told the detectives that he would be able
to identify the two offenders and that he was willing to
cooperate with the investigation. (Defs.' Stmt. Facts.
¶ 14; Pl.'s Stmt. Facts ¶¶ 17, 27, 29.)
August 2, 2009, Defendants McDermott and Folino went to
Russell's home to re-interview him about the shooting.
(Defs.' Stmt. Facts ¶ 15.) Defendants maintain that
Russell told them “Little David” and
“Rowdy” were the offenders. (Id.)
Defendant Officers then learned that “Little
David” was David Gomez and “Rowdy” was
Plaintiff Anthony Kuri. (Id. ¶ 16.) According
to Russell's testimony at Plaintiff's criminal trial,
however, when Defendant Detectives were interviewing him, the
detectives told him they already knew who committed the
crime. (Pl.'s Stmt. Facts ¶¶ 34,
Russell further testified that he picked out Gomez and Kuri
from photo arrays because the officers said “if I was
to say that it was them then that they was going to give Tony
Fernandez money for being a victim of a crime. So they told
me to really just help Tony out.” (Id.
¶¶ 34, 35; R. 182-3, Russell Trial Tr., at 45;
Defs.' Stmt. Facts ¶ 48.) Also at Plaintiff's
criminal trial, Russell testified that he did not make an
identification of the offenders from the photo arrays because
the “police officer already told me who they
were.” (Russell Trial Tr., at 30.)
McDermott and Folino returned to the hospital to interview
Fernandez on August 2, 2009. (Defs.' Stmt. Facts ¶
17.) Defendants maintain that at that time Fernandez picked
Kuri from a photo array as being involved in the shooting.
(Id.) At Kuri's criminal trial, however,
Fernandez testified that he did not tell the police that Kuri
was at the scene of the shooting. (Pl.'s Stmt. Facts
¶ 40.) In addition, Fernandez testified at his
deposition in this lawsuit that the Defendant Officers showed
him photographs of Kuri and Gomez and that these photos were
already circled. (Id.; R. 182-2, Fernandez Dep., at
to a handwritten police report that was later entered into
the CPD system on August 3, 2009, Chicago police officers
received information from an individual in custody named
Abdul Wachaa. (Defs.' Stmt. ¶ 19.) The handwritten
report indicated that Wachaa told police Russell had called
him after the shooting and told him that Kuri and Gomez were
the offenders involved in the shooting. (Id.;
Pl.'s Stmt. Facts ¶ 32.) Wachaa's
“tip” was memorialized as follows:
Offender [Wachaa] related 20 minutes before he arrived on
scene he was on the cell phone with Zay Russell who was
yelling and scared and told offender, Abdul, Abdul [Wachaa],
Joe these niggas are trying to kill me, Lil David [Gomez] and
Rowdy [Kuri] are in front of my house. They killed Indian
Dude [Patel], and they shot TC [Fernandez] and dude in the
neck three times, Rowdy was on the bike and Lil David was on
the pegs, and Lil David jumped off the pegs and started
shooting.” Offender [Wachaa] further related that he
heard Zay Russell yelling at Indian Dude drive off or I'm
going to slap you.
(Pl.'s Stmt. Facts ¶ 32.) At his deposition in this
lawsuit, Defendant Folino testified that when he later
interviewed Wachaa, he learned that the information Wachaa
had provided was not firsthand information, but information
Wachaa had heard on the street. (Id. ¶ 51;
182-14, Folino Dep., at 96; Defs.' Stmt. Facts ¶
24.) There was no indication in any police report that
Defendants corroborated Wachaa's story. (Pl.'s Stmt.
Facts ¶ 47; Defs.' Stmt. Facts ¶ 24.)
August 3, 2009, Defendants McDermott and Folino issued
investigative alerts for both Kuri and Gomez, and, on August
5, 2009, Chicago police arrested Kuri. (Defs.' Stmt.
Facts ¶ 21; Pl.'s Stmt. Facts ¶ 52.) Defendants
McDermott and Folino then interviewed Kuri at which time he
denied knowledge or involvement in the shooting. (Defs.'
Stmt. Facts ¶ 21; Pl.'s Stmt. Facts ¶ 52.) Also
on August 5, 2009, Kuri voluntarily took a polygraph test.
(Defs.' Stmt. Facts ¶ 22; Pl.'s Stmt. Facts
¶ 53.) The police officer who administered the polygraph
test stated at her deposition that Kuri was not deceptive
when answering certain questions, but that the test indicated
Kuri was deceptive when answering question number 5.
(Defs.' Stmt. Facts ¶ 22; Pl.'s Stmt. Facts
¶ 53; R. 169-2, Figueroa-Mitchell Dep, at 47; R. 182-32,
Figueroa-Mitchell Dep., at 100-01.) Question number 5 asked -
“Did you ride a bike to that van that the Indian kid
was sitting in?” (Figueroa-Mitchell Dep, at 75.)
Kuri completed the polygraph examination on August 5, 2009,
the police officers allowed him to go home. (Pl.'s Stmt.
Facts ¶ 54.) On August 8, 2009, Russell went to the
police station and viewed a lineup, after which he gave a
statement implicating Kuri and Gomez. (Defs.' Stmt. Facts
¶ 26.) On September 11, 2009, Kuri was charged with
First Degree Murder based on an accountability theory.
(Pl.'s Stmt. Facts ¶ 55; Defs.' Stmt. Facts
¶ 31.) On September 25, 2009, Defendant Folino testified
in front of the grand jury that eyewitnesses in this case
told the police that (1) Kuri was riding a bike and Gomez was
riding on the back pegs of the bike; and (2) when Kuri
stopped, Gomez pointed a gun and fired at the mini-van.
(Pl.'s Stmt. Facts ¶ 56; R. 182-26, Grand Jury Tr.,
at 5-6.) Evidence in the record, however, shows that the
Huffy bike recovered from the scene of the shooting did not
have back pegs. (Pl.'s Stmt. Facts ¶ 48.)
Fernandez testified in front of the grand jury stating that
he identified both Gomez and Kuri from photo arrays.
(Defs.' Stmt. Facts ¶¶ 55, 56.) Moreover,
although Russell also testified in the grand jury that he
identified Gomez and Kuri from photo arrays, at the 2012
criminal trial, Russell stated that he lied to the grand jury
to help Fernandez get money for being the victim of a crime.
(Defs.' Stmt. Facts ¶¶ 43, 49.) On October 2,
2009, a grand jury indictment charged Gomez and Kuri with
First Degree Murder. (Defs.' Stmt. Facts ¶ 32.)
Police then took Kuri into custody, after which ...