United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
S. SHAH UNITED STATES DISTRICT JUDGE.
Harris alleges that two City of Chicago police officers and
an Assistant State's Attorney engaged in unconstitutional
investigation tactics, causing Harris to confess to a crime
he did not commit. Defendants move for summary judgment.
There are factual disputes that preclude a judgment on the
merits as a matter of law, but Harris's suit was filed
too late and Sexton is immune from liability. For these
reasons, the motions for summary judgment are granted.
judgment is appropriate if the movant shows that there is no
genuine dispute as to any material fact and the movant is
entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a).
A genuine dispute as to any material fact exists if
“the evidence is such that a reasonable jury could
return a verdict for the nonmoving party.” Anderson
v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). The
party seeking summary judgment has the burden of establishing
that there is no genuine dispute as to any material fact.
See Celotex Corp. v. Catrett, 477 U.S. 317, 323
(1986). In determining whether a genuine issue of material
fact exists, the court must construe all facts and reasonable
inferences in the light most favorable to the nonmoving
party. See King v. Ford Motor Co., 872 F.3d 833, 837
(7th Cir. 2017).
2001, defendants John Collins and Elbin Reyes worked for the
City of Chicago Police Department.  ¶¶
Collins worked as a youth officer and investigator and Reyes
was a youth investigator and detective. Id.
Defendant Brian Sexton was an Assistant State's Attorney
with the Cook County State's Attorney's Office.
Id. ¶ 5.
Rodney Harris, who was 15 years old at the time, was staying
with Tamika King, a family friend and girlfriend of his
cousin, Roy Harris. Id. ¶ 12; 
¶¶ 1-2. Tamika and Roy's three children-two
girls, 3 and 5 years old, and one boy-were also living in the
house.  ¶ 12. On June 14, 2001, at 11:45 p.m., two
Chicago patrol officers encountered Rodney Harris while
responding to a nearby domestic disturbance. Id.
¶ 13. Harris told them that his cousin, Roy, had chased
him from the house and threatened to kill him. Id.
The officers then took Harris to the house, where Roy
approached the squad car and told them he wanted Harris
arrested because he had discovered him lying naked on top of
Roy's three-year-old daughter, who was wearing only
underwear. Id. ¶ 14. Harris was then taken to
the station and placed under arrest. Id. ¶ 16.
Harris gave the arresting officers the name and phone number
for his adoptive mother, and later, after the officers were
unable to find his mother, he gave them his grandmother's
contact information. Id. ¶ 17.
and Collins' interaction with Harris began a little after
8:00 a.m. the next morning. Id. ¶ 6. Collins
was primarily responsible for the investigation, and Reyes
assisted him.  ¶ 5. Reyes and Collins were together
with Harris at all times except for brief instances when one
of them would step out for a few minutes.
Id. Neither Reyes nor Collins knew if Harris
had eaten, slept, or been Mirandized prior to their contact
with him. Id. ¶ 10. Otherwise, the parties
dispute much of what happened during this time. Reyes and
Collins claim that they read Harris his Miranda
rights, id. ¶ 9, but Harris says they did not.
 ¶ 32; [101-2] at 44:11- 13, 49:20-22. Harris
claims that Reyes yelled at him, promised that he could go
home if he admitted that he abused the victims, and gave him
details of what to say to go home-details that Harris spent
several hours memorizing. [87-5] at 123:1-13, 134:5-16; 
¶¶ 18-19;  ¶¶ 7-8. Harris further
alleges that after ten hours of maintaining his innocence, a
Hispanic, plainclothes officer (presumably Reyes, though
Harris was unsure of the officer's name), came into the
room telling Harris, “that's not what
happened” and “that's not what the doctors
are saying, ” threw a notebook off the table and said,
“that ain't what the f'ing doctors are saying,
you better tell me.”  ¶ 7; [101-1] at
122:11-123:16. At that point, Harris started crying. 
¶ 7. The defendants dispute Harris's account, and
the defendant officers deny having told Harris that things
would be easier if he cooperated. Id. The defendant
officers also maintain that Harris confessed to them, though
he “sugar-coated” what he had done. 
¶¶ 9, 13.
and Reyes next spoke with Harris and his grandmother, before
calling the State's Attorney's Felony Review Unit.
 ¶ 23. Sexton was filling in for a team supervisor
in the Felony Review Unit.  ¶ 21. Attorneys assigned
to the Felony Review Unit “evaluate whatever evidence
the police ha[ve] gathered and decide whether to file felony
charges or not” and “assist the police in their
investigations.” [87-10] at 9:12-16; [101-2] at 94:19-24.
Collins told Sexton that Harris had admitted to being caught
by Roy sexually abusing his two daughters.  ¶
Before speaking with Harris, Sexton reviewed the General
Offense Case Report, which was complete aside from
Sexton's approval of the charges. Id. ¶ 28.
The Case Report stated that a medical examination
demonstrated that the victim's injuries were consistent
with the allegations. Id. ¶ 59; [87-8]. When
Sexton arrived at the police station around 3:00 p.m. on June
15, he, Collins, Reyes, Harris, and Harris's grandmother
were all in the youth office, which was an open area with
three desks.  ¶ 21, 26. Sexton sat next to Harris at
one of the desks. Id. ¶ 29. The parties dispute
whether Sexton made clear that he was not Harris's
attorney,  ¶ 30, and whether Sexton read Harris his
Miranda rights. Id. ¶¶ 30-31.
Harris maintains that either Collins or Reyes had previously
told him that “[his] lawyer, the lawyer for the people
was on his way.”  ¶ 16. The officers deny
saying this. Id. The parties also dispute whether
Reyes was present when Sexton spoke with Harris.  ¶
49. Harris says he was, id., Reyes admits he was at
the station at the time, but he is unsure whether he was
there for the interview, and Sexton says that Reyes was not
there. [87-10] at 39:1-9; [101-4] at 22:11-22, 30:6-17. At
one point, Sexton asked the defendant officers to leave so he
could ensure they had not mistreated Harris.  ¶ 18.
If he had determined Harris had been mistreated, Sexton would
have stopped speaking with him and notified his supervisors.
thereafter, Collins returned. See id. ¶ 26.
Harris says that he lied to Sexton and Collins, telling them
that he had abused his cousins. [87-5] at 138:21- 139:20.
Sexton asserts that after an initial conversation with
Harris, lasting 20 minutes, Sexton asked Harris if he would
be willing to give a handwritten statement, whereby Sexton
would write the statement and Harris would have an
opportunity to review it.  ¶ 19. Defendants say
that Sexton read the statement aloud. Id. ¶ 26.
Harris states that Sexton began writing out the statement
without discussing it with him, never read the statement to
him, and that he was just told to initial and sign the
statement at specific locations. Id. ¶¶
20, 24. Harris signed the statement, though the parties
dispute whether he signed the line immediately below the
pre-printed Miranda warning.  ¶¶ 40,
Sexton added, and Harris initialed and signed, a paragraph
stating that Harris's grandmother had advised him, that
Harris acknowledged her statement, and that she would use an
X for her signature because she had a pinched nerve in her
hand. Id. ¶ 41. Harris maintains, however, that
though he signed this statement, in reality his grandmother
was illiterate and not his legal guardian.  ¶ 8;
[101-6] at 18:17-24. The signed statement was the same format
as a statement Harris had previously signed in connection
with an unrelated offense.  ¶ 44. After being at the
station for approximately two hours, Sexton filled out his
felony review folder, notified the detective he approved the
charges, and left the station. Id. ¶ 47. At no
point while he was with Sexton was Harris handcuffed,
chained, or shackled. Id. ¶ 29.
parties dispute when Harris ate during the course of these
events. Collins testified that Harris received pizza and a
soda before they “did anything.” [108-4] at
67:2-15. And Sexton said Harris told him he had been given a
slice of pizza and a sandwich prior to meeting with Sexton.
[108-3] at 14:11-15:24. Harris, however, asserted that he
went ten hours without eating and received food only after he
signed the written statement. [101-5] at 86:11-13.
Harris's signature, dated June 15, 2001, appears on a
criminal complaint against Harris, on behalf of his
daughters, for aggravated criminal sexual assault. [87-14].
However, Collins does not recall having Roy sign the form,
and Roy does not recall signing it or whether the complaint
was blank at the time that he signed it.  ¶ 30, 33;
[101-13] at 138:21-139:6. Collins's name was
written as the “clerking” officer on the criminal
complaints, though he did not sign one of the complaints.
 ¶ 30. Collins first stated that he had prepared
those criminal complaints, but then later testified he was
unsure if that was accurate. Id. Reyes has no
recollection of any conversation he may have had with Roy,
nor does he recall hearing Roy recount any details of the
incident. Id. ¶ 31. Reyes did not prepare the
criminal complaints and does not know who did. Id.
¶ 32. Due to memory issues caused by strokes and
dementia, Roy has no memory of these events. Id.
¶ 33;  ¶ 70-71.
University of Chicago Children's Hospital medical record
dated June 15, 2001, at 6:00 a.m., (about two hours before
Collins and Reyes interacted with Harris) states,
“Father (Roy Harris) came home tonight and found his
cousin (15yo Rodney Harris) on top of [redacted] 3yo [female]
in the two girls' bedroom. Father states Rodney had no
clothes on and [redacted] was wearing only her
underpants.”  ¶ 56. While Roy does not recall
communicating with University of Chicago hospital staff about
Harris's interactions with his daughters, he stated he
would have had no reason to lie. Id. ¶¶
53-54. Another University of Chicago medical record states,
“6/15/01 S.W. follow-up note. Area 1 youth, Jack
Collins, investigating.” [87-17] at 2. Harris's
arrest report states, “Dr. Ramaiah of Wyler
Children's Hospital reported that victim had small
pinpoint hemorrhage to the opening of the vagina, which she
stated is consistent with the arrestee's charge.”
 ¶ 60. The General Offense Case Report for
Harris's offense, which was drafted and signed by one of
the arresting officers, similarly states, “Dr.
Ramaiah's examination [of the victim] revealed evidence
of a small hemorrhage to the opening of the vagina and that
the injury was consistent with the allegations.”
Id. ¶¶ 58-59; [87-8] at 3. Dr. Ramaiah
testified that this case would have been reported to the
police due to the concern for sexual abuse or assault. 
Reyes nor Collins spoke to, or attempted to speak to, the
victims or their mother and do not know if any other member
of the police department did either.  ¶ 11. Collins
never spoke with any doctor that had treated the victims and
does not know whether any other officers spoke with any
doctors. Id. ¶ 12. The parties dispute if and
when the officers reviewed and ...