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Rosado v. Mora

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

September 17, 2019

ANGEL ROSADO, Plaintiff,
v.
OFFICER ABRAHAM MORA, OFFICER PAUL HEYDEN, OFFICER ROBERTO DELCID, OFFICER JONATHAN APACIBLE, OFFICER SCOTT KORHONEN, and THE CITY OF CHICAGO, a municipal corporation, Defendants.

          OPINION AND ORDER

          JOAN H. LEFKOW JUDGE

         Angel Rosado has sued the defendant Chicago police officers and the City of Chicago under 42 U.S.C. § 1983 and several state law theories in connection with his 2015 arrest for drug possession and ensuing prosecution. After the court dismissed several counts of the complaint (dkt. 70), the following counts remain:

I. § 1983 - Unreasonable seizure under the Fourth Amendment
II. § 1983 - Unreasonable pretrial detention under the Fourth Amendment
III. § 1983 - Unreasonable search under the Fourth Amendment
IV. § 1983 - Fabrication of evidence in violation of the Due Process Clause
V. Malicious prosecution under Illinois law
VI. Conspiracy to commit malicious prosecution
IX. Indemnity (against the city)

         All defendants have moved for summary judgment. (Dkt. 85.) For the reasons below, their motion is granted in part and denied in part.[1]

         BACKGROUND [2]

         I. Surveillance

         On September 1, 2015, two teams of officers of the Chicago Police Department worked as part of a gang investigations unit. (Dkt. 110 ¶¶ 3-10.) Officers Abraham Mora, Jonathan Apacible, and Vincent Baldassano served as the surveillance team, patrolling different parts of Chicago in separate unmarked cars. (Id. ¶¶ 11, 13.) Officers Scott Korhonen, Roberto Delcid, and Paul Heyden served as the enforcement team, waiting together in an unmarked squad car to assist as needed. (Id. ¶¶ 11, 14.)[3]

         Mora testified that he watched the corner of Diversey and Monticello, which he knew to be a frequent site of gang and drug activity. (Dkt. 86 ¶ 12.)[4] Mora says he observed a Hispanic man, who he later learned was plaintiff Angel Rosado, engage in a hand-to-hand transaction, conceal an object the size of a golf ball in his front right pants pocket, and enter the driver's seat of a white van. (Id. ¶¶ 15-16.) No other officers observed these events. (Id. ¶ 19.) Rosado denies that he participated in any hand-to-hand transaction. (Dkt. 110 ¶ 15.)

         Mora radioed to all other officers in the unit that he had observed a suspected drug transaction. (Dkt. 86 ¶ 20.) Rosado concedes that the remaining officers heard and had no reason to doubt Mora's report. (Id. ¶ 25.) Mora described the suspect and the white van. (Id. ¶ 22.) Mora followed the van but lost sight of it by the time it reached the expressway. (Id. ¶ 24.) Apacible picked up the trail, following the van from the expressway until it reached its final destination in Rosado's driveway. (Id. ¶¶ 23-24.) He then called in the enforcement team. (Id. ¶ 24.)

         II. Stop, Search, and Arrest

          The enforcement team arrived in front of Rosado's house. (Id. ¶ 29.) Rosado exited the driver's seat of the white van, then Heyden pointed his gun at Rosado, who immediately raised his hands in the air, prompting Heyden to re-holster his gun. (Id. ¶¶ 28, 31.) Video of the arrest shows that Heyden's gun was drawn for less than two seconds. (Dkt. 116-2 at 1:10-1:12.) Heyden then approached Rosado, gun holstered. (Dkt. 86 ¶ 33.) Korhonen and Delcid approached the van's passenger, Rosado's brother Alexander Soliveras.

         Here, the parties' accounts of events diverge, and a security-footage video of the incident neither confirms nor forecloses either account. The defendants claim that Heyden approached Rosado and saw a clear plastic bag sticking out from Rosado's pocket. (Id. ¶ 33.) Heyden handcuffed Rosado, who announced that he had cocaine in his pocket. (Id. ¶¶ 34-35.) Heyden seized the bag, which later forensic testing would confirm contained cocaine and marijuana. (Id. ¶¶ 36, 46-48.) Heyden arrested Rosado and reported to all other officers that he found cocaine and marijuana on Rosado. (Id. ¶ 36-37, 41.) Heyden, Korhonen, and Delcid each searched Rosado's van. (Id. ΒΆ 39.) The three officers then ...


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