United States District Court, N.D. Illinois, Eastern Division
CHARLES P. KOCORAS, UNITED STATES DISTRICT JUDGE
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
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.
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.
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.
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
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
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.
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.
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.
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.
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.
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.
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.
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 ...