United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION & ORDER
Honorable Thomas M. Durkin United States District Judge
Kevin Dawson filed this wrongful detention lawsuit against
defendant Thomas Dart in his official capacity as the Sheriff
of Cook County and four Chicago Police Officer defendants in
their personal capacities. The Chicago Police Officer
defendants have since settled with Dawson, leaving only Dart
as a defendant. Currently before the Court are: (1)
Dart's motion to dismiss pursuant to Fed.R.Civ.P.
12(b)(6) (R. 113); and (2) Dawson's pro se
motion opposing Dart's motion to dismiss (R. 117). For
the following reasons, the Court grants Dart's motion and
denies Dawson's motion.
12(b)(6) motion challenges the sufficiency of the
complaint. E.g., Hallinan v. Fraternal Order of Police of
Chi. Lodge No. 7, 570 F.3d 811, 820 (7th Cir. 2009). A
complaint must provide “a short and plain statement of
the claim showing that the pleader is entitled to
relief.” Fed.R.Civ.P. 8(a)(2). The statement must give
defendant “fair notice” of the claim and the
basis for it. Bell Atl. Corp. v. Twombly, 550 U.S.
544, 555 (2007). This standard “demands more than an
accusation.” Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009). While “detailed factual allegations”
are not required, “labels and conclusions, and a
formulaic recitation of the elements of a cause of action
will not do.” Twombly, 550 U.S. at 555. The
complaint must “contain sufficient factual matter,
accepted as true, to ‘state a claim to relief that is
plausible on its face.'” Iqbal, 556 U.S.
at 678 (quoting Twombly, 550 U.S. at 570).
“‘A claim has facial plausibility when the
plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged.'” Mann v.
Vogel, 707 F.3d 872, 877 (7th Cir. 2013) (quoting
Iqbal, 556 U.S. at 678). In applying this standard,
the Court accepts all well-pleaded facts as true and draws
all reasonable inferences in favor of the non-moving party.
Mann, 707 F.3d at 877.
was charged with residential burglary on March 21, 2010. R.
38 ¶ 9. The Circuit Court of Cook County, Criminal
Division, in Skokie released Dawson on bond with electronic
monitoring. Id. On May 6, 2010, the court modified
Dawson's terms of release to allow him to leave his house
for work. Id. ¶ 10.
August 25, 2010, two men robbed Dawson while he was on his
way to work, and one of them shot Dawson in the back.
Id. ¶ 11. Paramedics took Dawson to the
hospital, where he was treated for severe spinal injuries.
Id. Chicago Police Officers B.A. Crisler and J.G.
Burks allegedly falsely reported that paramedics on the scene
found a handgun in Dawson's possession. Id.
Cook County Sheriffs visited Dawson's hospital room on
September 4, 2010, and told him that he was under arrest and
would be charged with unlawful use of a weapon based on
Crisler and Burks's allegedly false report. Id.
¶ 14. Dawson then was taken to Cook County Jail.
Id. Three days later, on September 7, 2010, Dawson
was transferred from Cook County Jail to Stroger Hospital due
to his injuries. Id. ¶ 15. He was kept shackled
while at Stroger. Id.
September 12, 2010, Chicago Police Officers Ambrose Resa and
James Braun visited Dawson at Stroger. Id. ¶
16. They allegedly told Dawson that they were attempting to
find out who shot him, when in fact they were investigating
the February 28, 2010 murder of a man named Willie Anderson.
September 14, 2010 at a hearing before the Skokie court, an
Assistant States Attorney advised the court that Dawson would
be charged with unlawful use of a weapon based on the gun
falsely claimed to have been found in Dawson's possession
when Dawson was shot. Id. ¶¶ 16-17. At
that hearing, the Skokie court denied Dawson's
counsel's motion to modify the conditions of his bond so
that he would not need to be handcuffed during his recovery
from his gunshot wound. See R. 113-1 at 10, 14
(People of the State of Illinois v. Kevin Dawson,
No. 10 C2 20321 (Cir. Ct. Cook Cnty., Sept. 14,
has never been charged with unlawful use of a weapon. R. 38
¶ 20. Dawson was, however, charged on October 1, 2010
with the February 28 murder of Willie Anderson. Id.
¶ 22. Dawson alleges that he did not have the
opportunity to post bond on the murder charge because he had
already been taken into custody by Dart. Id. ¶
23. Dawson has continued to be held in custody since
September 4, 2010. Id. ¶ 26.
operative, fifth amended complaint (R. 38) was filed on
December 26, 2012 by Dawson's former attorneys. Count I
of the complaint is a damages claim against the former
Chicago Police Officer defendants for violating Dawson's
constitutional rights through unreasonable seizure and false
statements. See Id. ¶¶ 1-30; see also
Id. pp. 5-6 (“Wherefore” clause seeking
“actual damages” against the former Chicago
Police Officer defendants only). Count II is titled
“Petition for Writ of Habeas Corpus.”
Id. at p. 5. It alleges that “Dart, in his
official capacity as the Sheriff of Cook County, is holding
and detaining Dawson in the Cook County Jail” in
violation of Dawson's due process rights under the
Fourteenth Amendment and the Fourth Amendment's
protection against unreasonable seizures. Id. ¶
only request for relief against Dart in the
“Wherefore” clause of Dawson's complaint is
“an injunction requiring the release of Dawson upon
posting bond for his murder charge, and . . . costs,
attorneys' fees, and such further relief as the Court
deems appropriate.” Id. at pp. 5-6. Dawson
similarly states in his allegations in support of Count II
that “the Court has the authority to require that Dart
cease holding Dawson in violation of his Constitutional