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Allen v. City of Chicago

United States District Court, N.D. Illinois, Eastern Division

July 10, 2019

CITY OF CHICAGO, et al., Defendants.



         Now before the Court is the Defendants' motion for partial summary Judgment pursuant to Federal Rule of Civil Procedure 56.1. For the following reasons, the Court grants the Defendants' motion.


         For purposes of this motion, the Court recites the following facts from the record. The facts are undisputed unless otherwise noted. Plaintiff Charles Allen (“Allen”) is a Chicago resident. Defendant Officers Kenhasa Martin (“Officer Martin”), Angela B. Cowart-Smith (“Officer Cowart-Smith”), Steven A. Davis (“Officer S. Davis”), Mark H. Davis (“Evidence Technician M. Davis”), Allen Smith (“Detention Aide Smith”), Eric Medina (“Officer Medina”), Stanley L. Williams (“Sergeant Williams”), Daniel Corral (“Officer Corral”), Martin J. Tannehill (“Lieutenant Tannehill”), Francis J. Heslin (“Detective Heslin”), Robert D. Watkins (“Officer Watkins”), Eric L. Johnson (“Detention Aide Johnson”), Roy A. Boffo (“Sergeant Boffo”), Fred J. Marcellino (“Sergeant Marcellino”), and Vance E. Bonner (“Sergeant Bonner”) (collectively, “Defendants”) were employed by Defendant City of Chicago (“the City”), a municipal corporation, at all relevant times.

         On July 21, 2014, an individual called 9-1-1 to request help at 8101 S. Maryland Avenue in connection with an alleged domestic battery. In response, the Office of Emergency Management and Communication (“OEMC”) dispatched Beat 632, Officer S. Davis, to the scene at 23:00:02. Dispatch then called to request backup for Officer S. Davis, as he was without a partner that evening. Officer Cowart-Smith responded that Beat 642 was available, and she and Officer Martin were assigned as the assist at 23:00:19.

         At approximately 23:30:26, Officer S. Davis notified dispatch that the officers were going to apartment 203. Sergeant Williams, Beat 610, heard the calls on the radio and responded to the scene as the Beat Sergeant.

         The officers arrested Allen at 23:32:00. During the arrest, the officers tased Allen and deployed OC spray, more commonly referred to as pepper spray. At some point in the apartment, Allen passed out and has no recollection of the events that occurred until he woke up in the police station the following morning.

         After Allen's arrest, Officer Cowart-Smith called over the radio that there was an emergency at 23:40:05. Seven seconds later, she requested a “wagon” and an ambulance. At 23:41:10, Officer Cowart-Smith reiterated over the radio, “We need an ambulance, get it over here. We need the wagon and an ambulance for this offender.” Dispatch responded to ask what type of injuries they had on scene, and Officer Cowart-Smith stated at 23:41:50, “Taser, he got tased.”

         At 23:42:28, Emergency Medical Services, Ambulance 24 was dispatched to the scene. The ambulance arrived on scene by 23:46:51. However, the parties dispute whether the paramedics provided treatment on the scene.

         At 00:02:02, dispatch assigned Beat 631R, Officers Medina and Corral, to respond to the scene. At 00:03:25, the ambulance returned to being “in service, ” meaning that the paramedics completed the call and may be assigned a new job.

         Evidence Technician M. Davis arrived on scene at 00:17:01. He took photographs of the victim and apartment 203. Evidence Technician M. Davis had no interaction with Allen.

         At 00:38:00, Officers Medina and Corral transported Allen to the 6th District. After transport, Officers Medina, Corral, and S. Davis, and Sergeant Williams did not have any further interaction with Allen. Officers Medina and Corral were cleared of the assignment at 00:58:35. Officer S. Davis was cleared from the assignment at 02:20:43, after completing a Tactical Response Report (“TRR”) to document the use of force and submitting it to Sergeant Williams.

         At 00:53:00, Detective Heslin of the Area South Special Victims Unit was assigned to this case. Upon assignment, Detective Heslin went to the scene to interview witnesses and the victim. Allen had already been transported from the scene by the time Detective Heslin arrived. Detective Heslin did not interact with Allen until interviewing him at the hospital later that day.

         At 01:23:06, Lieutenant Tannehill interviewed Allen. Lieutenant Tannehill stated that Allen never requested medical treatment during this interview. He had no further interactions with Allen after the interview.

         Once arriving back to the station, Officer Martin completed at TRR and submitted it for Sergeant Williams' review at 02:04:27. Officer Martin then worked with Officer Cowart-Smith to draft an arrest report. Officer Cowart-Smith submitted the arrest report at 03:17:00. Sergeant Marcellino reviewed the arrest report at 03:20:00 and approved probable cause for the charges. He never observed or spoke with Allen during the events on July 21 and 22. After receiving Sergeant Marcellino's approval, Officers Martin and Cowart-Smith were cleared from the assignment at 03:40:14.

         Sergeant Boffo was working as a sector sergeant in the 6th District starting at 05:00:00 on July 22, 2014. Officer Watkins was the lockup keeper in the 6th District on July 22, 2014, starting at 05:30:00. Starting at 06:00:00, Detention ...

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