Davis v. Temple
| Citation | 284 Ill.App.3d 983,673 N.E.2d 737,220 Ill.Dec. 593 |
| Decision Date | 26 November 1996 |
| Docket Number | No. 5-95-0566,5-95-0566 |
| Parties | , 220 Ill.Dec. 593 William E. DAVIS and Pamela Davis, Plaintiffs-Appellants, v. James TEMPLE and the City of Carbondale, Illinois, Defendants-Appellees. |
| Court | United States Appellate Court of Illinois |
Atkins Law Office, Mark A. Atkins, Benton, for Appellants.
Gary B. Nelson, Feirich/Mager/Green/Ryan, Carbondale, for Appellee.
Plaintiffs, William E. Davis and Pamela Davis, appeal from the judgment of the circuit court of Jackson County granting a motion to dismiss their complaint. The motion to dismiss was filed by defendants, James Temple, a police officer with the City of Carbondale, and the City of Carbondale.
Plaintiffs brought the present action to recover damages allegedly caused by Officer Temple while he was acting in his capacity as a police officer for the city. Plaintiffs filed a seven-count complaint against defendants. Counts I through V were brought by William. Count I was against Officer Temple and alleged malicious prosecution. Count II was against the city under a theory of respondeat superior and likewise alleged malicious prosecution. Count III was against Officer Temple and count IV was against the city; both alleged false arrest. Count V was against the city and alleged negligent retention of an employee, namely, Officer Temple. Counts VI and VII were brought by Pamela against Officer Temple and the city, respectively. Counts VI and VII alleged invasion of privacy, more specifically, the tort of unreasonable intrusion upon the seclusion of another. On appeal, we must determine as to counts I through V whether William alleged sufficient facts to sustain a cause of action for the alleged torts. As to counts VI and VII, we must first determine whether a cause of action exists in Illinois for unreasonable intrusion upon the seclusion of another, and, if so, whether Pamela sufficiently alleged such a cause of action in counts VI and VII. We affirm with one exception. We expressly recognize a cause of action for unreasonable intrusion upon the seclusion of another. However, we find the facts alleged
[220 Ill.Dec. 595] in counts vi and vii insufficient to state that cause of action.
Plaintiffs are husband and wife. At the time of the alleged occurrences, Pamela was employed by Bud's Warehouse. William was also an employee of Bud's Warehouse but was discharged from that employment on January 20, 1994. Plaintiffs filed their original action on February 9, 1995. The trial court granted defendants' motion to dismiss all seven counts but allowed plaintiffs leave to amend. On May 18, 1995, plaintiffs filed their first amended complaint.
Plaintiffs' first amended complaint alleged that on January 20, 1994, Officer Temple, in the course of his duty as a police officer, was called to Bud's Warehouse to investigate a reported criminal damage to property. Plaintiffs further alleged that from January 20, 1994, until February 9, 1994, Officer Temple engaged "in a course of conduct of hounding and harassing" both William and Pamela "in an attempt to coerce a confession" from William on the criminal damage charge. In count I, William alleged a cause of action against Officer Temple for malicious prosecution, specifically alleging as follows:
(Emphasis in original.)
Count II made the same allegations against the city under a theory of respondeat superior.
In count III, William alleged a cause of action against Officer Temple for false arrest, specifically alleging as follows:
"3. That on January 20, 1994, the Defendant James Temple, in the course of his duty as a Carbondale Police officer, was called to Bud's Warehouse in Carbondale, Illinois, to investigate a reported criminal damage to property.
4. That from January 20, 1994, until February 9, 1994, the Defendant James Temple[ ] did engage in a course of conduct of hounding and harassing the Plaintiff, William Davis, in an attempt to coerce a confession to the aforesaid criminal damage to property charge.
5. That on February 9, 1994, the harassment by the Defendant James Temple reached such an extent that the Plaintiff filed a complaint with both the Carbondale Police Department and the Jackson County State's Attorney's office, alleging police misconduct.
6. That on February 10, 1994, the Defendant, James Temple, in retaliation for Plaintiff's filing of the police misconduct complaint, did prepare and submit to the Jackson County State's Attorney an 'Affidavit of Probable Cause,' which contained false information. Defendant failed to obtain a Uniform Complaint form signed by the alleged victim, and in fact, prepared and filed said Affidavit of Probable Cause without consulting with or informing the alleged victims of his intent to charge the Plaintiff William E. Davis with Assault. Defendant submitted this 'Affidavit of Probable Cause' and did cause a warrant to issue for the arrest of the Plaintiff upon the charge of Assault.
7. That Defendant James Temple filed the 'Affidavit of Probable Cause' without any probable cause, and did so out of malice, and that the arrest of the Plaintiff was wholly without cause.
8. That as a result of the actions of the Defendant James Temple, Plaintiff was caused to be arrested, fingerprinted and booked, and was detained against his will for a period of time.
9. That upon trial of said charges, the Court entered a directed verdict in favor of this Plaintiff[ ] and thereby acquitted this Plaintiff, [and] that judgment was entered in favor of Plaintiff and is now final.
10. That Defendant James Temple caused said criminal charges to be lodged against Plaintiff and caused Plaintiff to be arrested with the intent to bring this Plaintiff into disrepute and to cause, if possible, great shame and humiliation to Plaintiff, in which objective the Defendant was successful; and that in addition to the actual financial losses caused by such conduct, including the expenses incident to the defense of such case, the Plaintiff was subjected to great stress and anxiety which adversely affected his health, peace of mind and physical condition." (Emphasis in original.)
In count IV, William made the same allegations against the city, again under a theory of respondeat superior.
In count V, William alleged a cause of action against the city for negligent retention of Officer Temple as a police officer. William alleged that previous complaints were made against Officer Temple but the city failed to take appropriate measures to correct the conduct of Officer Temple.
In counts VI and VII, Pamela alleged a cause of action for invasion of privacy, specifically, unreasonable intrusion on the seclusion of another, against both Officer Temple and the city, respectively. Pamela specifically alleged:
"5. That from January 20, 1994, until February 9, 1994, the Defendant James Temple[ ] did engage in a course of conduct of hounding and harassing Plaintiff Pamela Davis, in an attempt to coerce her husband to confess to the criminal damage to property charge, to-wit:
(a) On February 2, 1994, the Defendant James Temple did call Plaintiff Pamela Davis at her place of employment, and demanded that she appear at the Carbondale Police Department to discuss his investigation of damage to Plaintiff's [coworker's] automobile. Upon her arrival, the Defendant James Temple secluded himself in a room with Plaintiff, and verbally abused her, calling her a 'fucking liar,' and threatening to 'make (her) life a living hell' until her husband confessed to damaging Plaintiff's co[ ]worker's automobile.
(b) On February 8, 1994, the Defendant James Temple did come to the place of employment of the Plaintiff Pamela Davis, namely, Bud's Warehouse, unannounced and demanding to speak to the Plaintiff, in the clear view of her friends and co[ ]workers, thus invading the privacy of the Plaintiff among her friends and co[ ]workers.
(c) That on February 8, 1994, in an attempt to get away from the Defendant James Temple, the Plaintiff Pamela Davis walked to the stockroom of her employer's place of business, a place not open to the public, and was talking to her manager, when Defendant James Temple forcefully entered the storeroom, informed Plaintiff Pamela Davis she was 'in custody' and again demanded that she talk to him, all in the presence of and clear view and hearing of the store manager of Plaintiff's employment, thus invading the privacy of the plaintiff and causing a loss of confidence and reputation of the Plaintiff among her friends and co[ ]workers." (Emphasis in original.)
Plaintiffs allege that as a result of the action of defendants, they suffered great shame and humiliation, financial loss, and great stress and anxiety, which adversely affected their health, peace of mind, and physical condition.
On June 14, 1995, defendants filed a motion for involuntary dismissal of plaintiffs' first amended complaint, pursuant to section 2-619.1 of the Code of Civil Procedure (the Code). 735 ILCS 5/2-619.1 (West 1994). The trial court dismissed plaintiffs' first amended complaint with prejudice. Plaintiffs filed a timely notice of appeal. Plaintiffs did not...
To continue reading
Request your trial
-
Lawlor v. N. Am. Corp., 112530.
...Dist.1986); Burns v. Masterbrand Cabinets, Inc., 369 Ill.App.3d 1006, 314 Ill.Dec. 162, 874 N.E.2d 72 (4th Dist.2007); Davis v. Temple, 284 Ill.App.3d 983, 220 Ill.Dec. 593, 673 N.E.2d 737 (5th Dist.1996). Courts in the majority of other states have also recognized this cause of action.5 ¶ ......
-
Schmidt v. Ameritech Illinois, 1-01-0463.
...50 Ill.App.3d 480, 8 Ill.Dec. 57, 365 N.E.2d 295 (1977) (Fifth District, impliedly recognizing the cause of action); Davis v. Temple, 284 Ill.App.3d 983, 993, 220 Ill.Dec. 593, 673 N.E.2d 737 (1996) (Fifth District, expressly recognizing the cause of action); but c.f. Bureau of Credit Contr......
-
Schiller v. Mitchell, 2-04-0170.
...anguish and suffering. The Fifth District recognized a cause of action for intrusion upon the seclusion of another in Davis v. Temple, 284 Ill.App.3d 983, 994, 220 Ill.Dec. 593, 673 N.E.2d 737 (1996), where it adopted the four-pronged test set forth in Melvin. This court recognized the tort......
-
McGreal v. AT & T Corp., 11 C 08317.
...Benitez v. KFC Nat'l Mgmt. Co., 305 Ill.App.3d 1027, 239 Ill.Dec. 705, 714 N.E.2d 1002, 1006–07 (2d Dist.1999); Davis v. Temple, 284 Ill.App.3d 983, 220 Ill.Dec. 593, 673 N.E.2d 737, 744 (5th Dist.1996); Melvin v. Burling, 141 Ill.App.3d 786, 95 Ill.Dec. 919, 490 N.E.2d 1011, 1013 (3d Dist.......