United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
VIRGINIA M. KENDALL UNITED STATES DISTRICT JUDGE
Lauren Cheatham filed suit against the City of Chicago and
Unknown Police Officers in the Circuit Court of Cook County,
Illinois in February 2016. (See Dkt. No. 1). On
March 10, 2016, the City of Chicago removed the case and it
was assigned to Judge Darrah. (Id.). On February 29,
2016, Cheatham filed her Second Amended Complaint against the
City of Chicago and Officer Yesenia Medina alleging claims of
assault and battery against Medina (Count I), excessive force
under 42 U.S.C. § 1983 against Medina (Count II),
excessive force under a Monell theory against the
City (Count III), malicious prosecution under Illinois law
against Medina and the City (Counts IV and V), intentional
infliction of emotional distress under Illinois law against
Medina (Count VI), and negligent infliction of emotional
distress under Illinois law against Medina (Count VII). (Dkt.
No. 17). On October 25, 2016, Judge Darrah dismissed
Cheatham's claim for negligent infliction of emotional
distress against Medina (Count VII) and her Monell
claim based on an express policy against the City (Count
III); the Court did not dismiss Cheatham's
Monell claim against the City based on deliberate
indifference and policy and custom (Count III). (Dkt. No.
March 2017, the case was reassigned to this Court. (Dkt. No.
57). This Court thereafter bifurcated and stayed discovery on
Cheatham's remaining Monell claim. (Dkt. No.
70). On January 26, 2017, Defendants filed a Motion for
Summary Judgment on the claims for malicious prosecution
(Counts IV and V) and intentional infliction of emotional
distress (Count VII). (Dkt. No. 93). For the following
reasons, Defendants' Motion for Summary Judgment  is
Court takes the relevant facts from the parties' Local
Rule (“LR”) 56.1 statements of undisputed
material facts and supporting exhibits: Defendants' Local
Rule 56.1 Statement of Undisputed Material Facts (Dkt. No.
95), Plaintiff's Statement of Additional and Disputed
Facts: a Response to Defendant's Statement of Material
Facts (Dkt. No. 102), Defendants' Reply to
Plaintiff's Response to Defendants' Statement of
Undisputed Material Facts (Dkt. No. 111), and Defendants'
Response to Plaintiff's Additional Facts. (Dkt. No. 112).
The following facts are supported by the record and, except
where otherwise noted, are undisputed.
February 22, 2015, Officer Medina and Officer Razo received a
tip that a black male named Damien, who also went by
“Fresh, ” planned to deliver drugs to a Burger
King located at 10550 S. Avenue B., Chicago, IL 60617. (Dkt.
No. 111 at ¶ 9). The Officers then set up a surveillance
at the Burger King. (Id. at ¶ 10).
afternoon, Plaintiff Lauren Cheatham and her cousin's
fiancée, Damien Bailey, drove to the same Burger King.
(Id. at ¶ 11). Cheatham drove her tan Ford
Taurus and Bailey rode in the passenger seat. (Id.
at ¶¶ 12, 15-16). Officer Medina observed Cheatham
turn into the Burger King parking lot without activating the
car's turn signal. (Id. at ¶¶ 13-16).
She also observed that the passenger of the car matched the
physical description of the person she and Officer Razo were
looking for. (Id.).
Cheatham parked, the Officers approached and directed
Cheatham and Bailey to get out of the car. (Id. at
¶ 17). The Officers ran a name check of Cheatham and
discovered that she was driving on a suspended license.
(Id. at ¶ 18). Cheatham also failed to produce
proof of insurance when the Officers asked her to do so.
(Id. at ¶ 19). Cheatham claims now that she was
insured at the time and had proof of insurance inside the
vehicle. (Id. at ¶ 19, Dkt. No. 112 at ¶
10). The Officers arrested Cheatham for driving on a
suspended license and for operating a vehicle without
insurance. (Dkt. No. 111 at ¶ 20).
Officers transported Cheatham to the 4th District Police
station and placed her in a holding cell sitting on a bench
by herself with her hands cuffed behind her back.
(Id. at ¶¶ 20-21). Cheatham testified that
the Officers entered the cell and asked her for information
about drugs and “Fresh” and that Medina insisted
that Cheatham was dating Bailey, accused her of being a
“drug mule” for him, called Cheatham a
“bitch, ” and “just kept drilling”
Cheatham and saying she was lying. (Id. at ¶
22; Dkt. No. 112 at ¶ 11). Cheatham testified that she
found the questioning “offensive” and that she
eventually responded, “You know what, fuck the police.
I don't have to say nothing.” (Dkt. No. 111 at
¶¶ 22, 27).
testified that, at that point, Officer Medina motioned her
partner out of the holding cell, shut the door, and slapped
Cheatham one time on the left side of her face causing a
tooth to come loose and fall out. (Id. at
¶¶ 23-25). Cheatham testified that she was
“very scared” Medina would hit her again and
tried to get away from Medina by moving to the opposite
corner of the room and then pleaded for help. (Id.
at ¶ 28, Dkt. No. 112 at ¶ 12). Medina denies
slapping Cheatham and claims she merely pushed Cheatham back
after Cheatham charged at her. (Dkt. No. 111 at ¶ 26;
Dkt. No. 112 at ¶ 12).
that day, Medina issued three traffic tickets to Cheatham for
driving on a suspended license, operating a vehicle without
insurance, and failing to use a turn signal. (Dkt. No. 111 at
¶ 34). Medina also signed two criminal complaints
against Cheatham for aggravated assault in violation of 720
ILCS 5.0/12-2-B-4 and resisting or obstructing a police
officer in violation of 720 ILCS 5.0/31-1-A. (Dkt. No. 111 at
¶ 27). The complaint for aggravated assault alleged that
Cheatham “knowingly and without lawful authority
charged at P/O Medina #18375 and then swung her legs placing
P/O Medina #18375 in reasonable apprehension of receiving a
battery.” (Dkt. No. 95, Ex. B; Dkt. No. 112 at ¶
14). The complaint for resisting or obstructing a police
officer alleged that Cheatham “knowingly resisted the
performance of an authorized act within the officer's
official capacity . . . in that defendant did pulled [sic]
her body in an attempt to defeat a custodial search.”
(Dkt. No. 95, Ex. B; Dkt. No. 112 at ¶ 17).
January 4, 2016, Cheatham pleaded guilty to the resisting
charge at a hearing in the Circuit Court of Cook County.
(See Dkt. No. 95, Ex. L). At the hearing, the State
dismissed the aggravated assault charge pursuant to nolle
prosequi and struck with leave to reinstate the three
traffic charges. (See DkKt. No. 95, Ex. L). Specifically, the following
exchange took place between the judge, the Assistant
State's Attorney, and the Assistant Public Defender:
DEFENSE COUNSEL: Andrew Hodgetts, Assistant
Public Defender, Your Honor. I do believe we have a proposed
resolution in this case.
THE COURT: Okay.
ASA: Judge, as to Count I, motion state
THE COURT: Okay.
ASA: As to Count II resisting, 12 months
conditional discharge and a hundred hours independent
THE COURT: Okay.
ASA: Counts III, IV and V, motion state SOL.
(Id. at 2:12-24). Cheatham also testified during the
hearing that she entered the ...