United States District Court, N.D. Illinois
S. Shah U.S. District Judge
motion to dismiss  is granted. The complaint is dismissed
without prejudice based on Heck v. Humphrey. Enter
judgment and terminate case.
Bernard Gully, an Illinois prisoner, brings this civil rights
action under 42 U.S.C. § 1983, claiming that Defendants
(three University Park, Illinois police officers) falsely
arrested him in violation of the Fourth Amendment. Defendants
argue that Plaintiff's amended complaint must be
dismissed under Heck v. Humphrey, 512 U.S. 477
alleges that on November 19, 2013, Defendant Jaco stopped him
for allegedly speeding in University Park, Illinois; however,
Jaco had no evidence to support the alleged speeding
violation and used the alleged speeding as a pretext to
conduct an illegal stop. Plaintiff was then unlawfully
searched and arrested by defendants Jaco, Jones, and Gebert.
Dkt. 8, Am. Complt., at 1. Plaintiff further alleges that
Jaco told him that the cameras were on and then fabricated an
aggravated battery “event for the benefit of the
Court takes judicial notice of the public records of
Gully's state-court criminal proceedings. See
Milwaukee Police Ass'n v. Flynn, 863 F.3d 636, 640
(7th Cir. 2017), reh'g denied (Aug. 14, 2017) (“the
court ‘may . . . take judicial notice of matters of
public record.'”) (quoting United States v.
Wood, 925 F.2d 1580, 1582 (7th Cir. 1991)).
his arrest on November 19, 2013, Plaintiff was initially
charged by information with aggravated battery and aggravated
driving while under the influence. On November 19, 2013,
Plaintiff was also issued citations for and charged with
traffic violations. Dkt. 56-1, at 20-23.
first hearing, Plaintiff pled not guilty, but waived his
right to a Gerstein (i.e., probable cause) hearing.
Dkt. 56-1, at 23; Dkt. 56-4, at 4. Later, a grand jury
charged Plaintiff with aggravated battery, aggravated driving
under the influence, and aggravated driving while license
suspended. Id., Ex. 1 at pp. 20-23; Ex. 2 at ¶
35-38, 53, 64-69; Ex. 12 at p. 1. Gully pled not guilty.
Id., Ex. 1 at p. 22; Ex. 2 at ¶ 60; Ex. 4 at p.
filed several pre-trial motions during his criminal
proceedings, including a motion to dismiss the bill of
indictment, motions to quash arrest and suppress evidence,
motions for discovery and discovery sanctions, and a motion
in limine to bar certain evidence. The circuit court
denied each of Gully's pre-trial motions. Id.,
Ex. 1 at pp. 8- 20; Ex. 2 at ¶ 71-78, 95-96, 101-103,
111-113, 118-119, 130-131, 136-138, 141-142, 144-145,
205-207, 211; Ex. 5; Ex. 6; Ex. 7; Ex. 8; Ex. 9; Ex. 10.
filed this lawsuit in 2015, and by agreement, the case was
stayed while Gully's criminal prosecution was pending. On
January 4, 2016, Gully pled guilty to and was convicted of
the offenses of aggravated DUI and aggravated battery by the
circuit court. In exchange for his guilty plea, the charge of
aggravated driving while license suspended/revoked and the
traffic violation charges were nolle prosequi'd.
Id., Ex. 1 at p. 8; Ex. 11 at p. 2; Ex. 13 at ¶
266-383. The circuit court sentenced Gully to four years'
imprisonment. Id., Ex. 1 at p. 8; Ex. 2 at ¶
1-3, 236-248; Ex. 11.
circuit court found that the following factual basis existed
for Gully's guilty plea:
[O]n November 19, 2013, at approximately 2 p.m. an officer
with the University Park police department attempted to stop
this defendant near 24520 Western avenue in University Park
for speeding, going 67 in a 45. After stopping the defendant,
the officer noticed him holding an unknown object in his
hand. When the defendant exited, the defendant dropped the
item inside of his car. The officer noticed a strong odor of
alcoholic beverage coming from the defendant. He began
arguing with the [officer] about the stop. He would not
present his hands to the officer. He eventually, the officer,
located a pocket knife on the defendant's person when he
started patting him down. The defendant then kicked the
officer in the knee and stomped on his foot numerous times.
The officers looked, found a taser gun inside of his vehicle
that was aggravated (sic) and charged, two bottles of Bacardi
rum; one of which was half full. State's evidence would
show that the defendant's license was revoked for
reckless homicide DUI conviction from 1986. The defendant was
required to have a BAIID device installed to drive. He
didn't have a device. He refused field sobriety tests,
refused all chemical tests, and would periodically fall
asleep and wake up during processing. The State's
evidence would further identify that police officer as Ustad
Id., Ex. 11, pp. 5-7, 13-14.
January 19, 2016, Gully filed a post-conviction petition
contending that: (1) he was coerced into signing a jury
waiver, (2) his attorney was ineffective for failing to
present a defense, and (3) the circuit court erred in denying
his pre-trial motions. The circuit court denied ...