Andersen v. City of Chi.
| Decision Date | 26 November 2019 |
| Docket Number | No. 16 C 1963,16 C 1963 |
| Parties | DANIEL ANDERSEN, Plaintiff, v. THE CITY OF CHICAGO, et al., Defendants. |
| Court | U.S. District Court — Northern District of Illinois |
MEMORANDUM OPINION AND ORDER
In January 1980, Plaintiff Daniel Andersen was arrested for the murder and attempted rape of Cathy Trunko. He was later convicted and spent over twenty-five years in prison. In 2015, Andersen's conviction was reversed, and he was declared innocent. Andersen proceeded to sue the City of Chicago and various members of Chicago law enforcement involved in the case. (Dkt. 1). Andersen alleges in a multi-count complaint violations of his constitutional rights, pursuant to 42. U.S.C. § 1983, and several state-law claims. In December 2016, this Court ordered the case bifurcated, staying Andersen's claim against the City pursuant to Monell v. New York Department of Social Services, 436 U.S. 658 (1978), pending resolution of the claims against the individual defendants ("Defendants"). (Dkt. 90).
Defendants now move for summary judgment on the claims against them. Defendants move for summary judgment on all of Andersen's claims on statute of limitations grounds. They also move for summary judgment on Andersen's claim made pursuant to Brady v. Maryland, 373 U.S. 83 (1963), (which makes up part of Count II), and his destruction of evidence claim (Count III). Finally, defendants move for summary judgment on all claims asserted against certain individual defendants.
On January 19, 1980, Cathy Trunko was found lying on a sidewalk outside of 4936 S. Paulina Street in Chicago. (Dkt. 356 ¶ 1; Dkt. 330-1). Police responded to the scene and Trunko was taken to the hospital, where she was pronounced dead on arrival, having been stabbed. (Dkt. 356 ¶ 1; Dkt. 330-1).
The day after Trunko's death, Detective Richard Bedran spoke with Diane Diaz (now Grabowski), a close friend of Trunko's. (Dkt. 356 ¶ 16). Diaz told Detective Bedran that, on the night of Trunko's death, Diaz and Robert "Bob" LaGace had been at Dot's Tavern together. (Id.). At about 10 p.m. on the night of Trunko's death, Diaz called Trunko on Trunko's home phone and asked her to come to Dot's. (Id.). Diaz did not speak to Trunko again after that call. (Id.).
On January 21, 1980, Detective Bedran and his partner, Detective Richard Rochowicz,1 had LaGace undergo a polygraph examination, performed by Officer John Stout. (Id. at ¶ 18). Stout spoke to the detectives about why LaGace was submitting to a polygraph, and documented the information they provided him; that LaGace was in a tavern with his girlfriend, she called the victim and asked her tocome to the tavern, the victim said no. (Id. at ¶¶ 19; Dkt 330-8 at 29). Stout further documented that LaGace took a friend's car and drove by where the victim lived but did not see her. (Dkt. 356 ¶¶ 19; Dkt 330-8 at 29). The parties dispute whether Stout's notes also stated that LaGace was "known to have pulled knives on the victim." (Dkt. 356 ¶¶ 21; Dkt 330-8 at 29, 82-86; Dkt. 357-15). The results of Officer Stout's polygraph of LaGace were "erratic" so as to prevent Stout "from rendering a decision regarding his status in this investigation." (Dkt. 356 ¶¶ 20; Dkt 330-8 at 30, 82-86; Dkt. 357-15). Stout documented his suggestion that LaGace "be reexamined on a future time and date if the investigators deem it advisable." (Dkt. 356 ¶ 20; Dkt 330-8 at 30, 82-86; Dkt. 357-15).
The same day as the polygraph, January 21, 1980, Officer Larry Pawlowski responded to a report of a knife found in the yard of a property one block south and one block west of where Trunko was found. (Dkt. 356 ¶¶ 24, 28). He saw that the knife had blood stains on it, and at that point he or someone else radioed evidence technicians. (Id. at ¶ 24). Officer Pawlowski drafted a report of this event, noting that it pertained to Trunko's death. (Dkt. 330-13). Beyond viewing the knife and drafting the report, Officer Pawloski had no further involvement in the Trunko homicide investigation. (Dkt. 356 ¶ 26).
Evidence Technicians Thaddeus Melko2 and Norbert Rajewski responded to the scene and collected the knife. (Id. at ¶ 27). No fingerprints were found on the knife, but the blood samples from the knife tested positive for type A blood, the sameas Trunko's. (Id. at ¶ 29). Investigators on the scene, who may have been Detectives James Higgins, Craig Ciegelski, and Daniel McWeeny, also gave the evidence technicians a seven-ounce Old Style beer bottle. (Id. at ¶ 30; Dkt. 366 ¶¶ 38-39). The bottle was later dusted for fingerprints and two negatives were taken of print impressions. (Dkt. 356 ¶ 31). After the prints were found not to be suitable for comparison, Melko and at least one other person, who may have been Rajewski, disposed of the bottle. (Dkt. 356 ¶ 32; Dkt. 366 ¶ 40). Although photographs of the knife were taken at the scene, no photographs of the bottle were taken nor was the bottle inventoried. (Dkt. 366 ¶¶ 41-42).
It was not until several days after Trunko's death that Andersen, 19 years old at the time, was drawn into the investigation. (Id. at ¶ 2). On January 23, 1980, Andersen was drinking with friends at a local tavern. (Dkt. 356 ¶ 39). Unable to find her son, Andersen's mother called an officer-friend, Officer Michael Riley, and asked him to bring Andersen home. (Id. at ¶ 34-37). Officer Riley advised the officers on patrol in the area that evening, Officers James Bednarkiewcz and Paul Nielsen, to be on the lookout for Andersen and provided a vehicle description. (Id. at ¶ 38). Officers Bednarkiewcz and Nielsen pulled over Andersen's car, but he was not driving it. (Id. at ¶ 41). They drove the car to Andersen's home, where Andersen later pulled up as a passenger in another vehicle. (Id. at ¶¶ 41-42). Officers Bednarkiewcz and Nielsen then arrested Andersen, and after his mother signed a disorderly conduct charge against him, the officers took Andersen to the Ninth District police station. (Id. at ¶¶ 42-43). At the station, Officer Riley encountered Andersen and observed that hewas "highly intoxicated, and emotionally upset." (Id. at ¶ 46; Dkt. 330-28 at P001018).
After Officer Bednarkiewcz spoke to Area 3 Detective John Olson, Officers Bednarkiewcz and Nielsen transported Andersen to Area 3 to be interrogated about Trunko's death. (Dkt. 356 ¶ 47). While being questioned, Andersen told Detective Olson that he heard that someone named "Bob" killed Trunko. (Id. at ¶ 48).
At some later point, Andersen was questioned by Detective Higgins. Andersen alleges that Higgins showed Andersen a photo of a knife, which Higgins said was the murder weapon. (Id. at ¶ 49). Next to the knife in the photo was a pair of Andersen's gloves—though, notably, the police did not report seeing gloves near the knife when it was recovered. (Id. at ¶ 49; Dkt. 366 ¶¶ 35-36). Although Andersen had previously denied killing Trunko, he began to question himself and whether he could have killed her. (Dkt. 356 ¶ 50; Dkt 357-1 at 334-335 ( )). Andersen then confessed to Trunko's murder and also gave a court-transcribed confession.3 (Dkt. 356 ¶¶ 52-53). On January 24, 1980, following his interrogation and confession, Andersen was arrested and charged with the murder and attempted rape of Trunko. (Id. at ¶ 54).
Sheila Murphy (now the Hon. Sheila Murphy) served as Andersen's defense counsel. (Id. at ¶ 55). In investigating the case, Murphy spoke with Trunko's friend Diaz, and on August 11, 1981, Murphy questioned Diaz in a sworn, court-reportedinterview. (Id. at ¶ 56). In the interview, Diaz recounted the events surrounding the night of Trunko's death. Diaz told Murphy that, the night before Trunko's death, Trunko, Diaz, LaGace, an unknown person named Danny (not Andersen), and others were hanging out. (Dkt. 356 ¶ 64; 330-6 at BS-Andersen 000327). LaGace yelled at Danny, who was dating LaGace's sister, and told Cathy to keep away from Danny. (Dkt. 356 ¶ 65; 330-6 at BS-Andersen 000329-30). Later on in the night before Trunko's death, LaGace asked Diaz out and congratulated her for having Trunko, a good-looking girl, as a friend. (Dkt. 356 ¶ 66; 330-6 at BS-Andersen 000332).
Diaz told Murphy that, on the night of Trunko's death, she had been at Dot's with LaGace and that she had invited Trunko to Dot's but Trunko declined. (Dkt. 356 ¶ 57; 330-6 at BS-Andersen 000334-35). LaGace then took the phone and told Trunko he was coming to pick her up, and left Dot's in a car. (Dkt. 356 ¶ 57; 330-6 at BS-Andersen 000336). Diaz told Murphy that LaGace returned about half an hour later, sweaty and "out of breath," and that "he was nervous." (Dkt. 356 ¶ 58; 330-6 at BS-Andersen 000337). He also had more money on him when he returned than he did prior to leaving Dot's. (Dkt. 356 ¶ 58; 330-6 at BS-Andersen 000340). He told Diaz he did not see Trunko. (Dkt. 356 ¶¶ 58-59; 330-6 at BS-Andersen 000337). Diaz told Murphy that LaGace had a switchblade on him both the night of Trunko's death and the night before, and that Diaz had seen it both nights. (Dkt. 356 ¶ 60; 330-6 at BS-Andersen 000339).
Diaz also told Murphy that, sometime after Trunko's death, detectives came to speak with her while she was with LaGace. The detectives told LaGace they wantedto speak with him, and he left with them. (Dkt. 356 ¶ 62; 330-6 at BS-Andersen 000342). About three hours later, the detectives called Diaz and asked her if she believed that LaGace killed Trunko, and Diaz told Murphy that she responded "no, I can't believe that he killed Cathy." (Dkt. 356 ¶ 63; 330-6 at BS-Andersen 000342). After interviewing Diaz, Murphy did not speak to LaGace, though the parties dispute what efforts Murphy made to find LaGace. (Dkt. 356 ¶¶ 67-69; Dkt. 366 ¶ 20).
In March 1982, Andersen was tried before a jury. (Dkt. 356 ¶ 2). In her opening statement, Murphy previewed for the jury Diaz's testimony; that Diaz would testify that...
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