Ferguson v. Cook County, Illinois
| Decision Date | 22 July 2021 |
| Docket Number | 20-cv-4046 |
| Parties | TIMOTHY FERGUSON, Plaintiff, v. COOK COUNTY, ILLINOIS; THOMAS DART; CITY OF CHICAGO; RICHARD BEDNAREK; JOHN D. BARLOGA; ABELARDO MERCADO; EDDIE ISHOO; andD-BATS, INC, Defendants. |
| Court | U.S. District Court — Northern District of Illinois |
In his seventeen-count Complaint [1], Plaintiff Timothy Ferguson ("Plaintiff or "Ferguson") brings suit against Defendants Cook County Illinois ("County"), Cook County Sheriff Thomas Dart ("Dart"), Chicago Police Department ("CPD") Sergeant Richard Bednarek ("Bednarek"), Cook County Police Sergeant John Barloga ("Barloga"), Cook County Police Officers Eddie Ishoo ("Ishoo") and Abelardo Mercado ("Mercado"), and D-BATS, Inc. ("D-BATS") for damages arising out of his detention on July 12, 2019. Currently before the Court are the County's motion to dismiss [21]; the City's motion to dismiss [28]; Bednarek and D-Bat's motion to dismiss [49]; Bednarek and D-Bat's motion to strike [50]; Dart, Barloga, Abelardo and Ishoo's motion to dismiss [58]; and all Defendants' motion to dismiss for want of prosecution [66]. Also before the Court is Plaintiffs response to the motion to dismiss for want of prosecution [72], which requests additional time to respond to the motions to dismiss.
For the following reasons, Defendants' motion to dismiss for want of prosecution [66] and Plaintiffs request for additional time to respond to the motions to dismiss [72] are both denied.
The Court has decided the motions to dismiss based on the briefs before it. Plaintiffs counsel is advised that any further noncompliance with applicable rules and orders may result in sanctions up to and including dismissal of this action. The County's motion to dismiss [21] is granted; the City's motion to dismiss [28] is granted in part and denied in part; Bednarek and D-Bat's motion to dismiss [49] is granted in part and denied in part; Bednarek and D-Bat's motion to strike [50] is denied; and Dart Barloga, Abelardo and Ishoo's motion to dismiss [58] is granted in part and denied in part. The following claims are dismissed in full: Counts I, III, IV, V, VII, VIII, XII XIII, XVI, and XVII. The following claims remain in the case against the following Defendants: Count II (Section 1983 False Imprisonment) against Bednarek only; Count VI (Section 1983 Conspiracy) against Bednarek only; Counts DC (Civil Conspiracy), X (Intentional Infliction of Emotional Distress), and XI (State Law False Imprisonment) against Bednarek, Mercado, Ishoo, and Barloga; and Count XrV (Indemnification) against the County only. A joint status report is due by August 5, 2021.
The following facts are drawn from the Complaint [1]. All well-pled facts are presumed to be true for purposes of ruling on Defendants' motions to dismiss. See White v. United Airlines, Inc., 987 F.3d 616, 620 (7th Cir. 2021).
Plaintiff is a resident of Cook County and the manager of a property located at 7038 West 72nd Street in Chicago (the "Property"). Plaintiffs father, Terry Ferguson ("Terry"), acts as trustee and personal representative for the individual who owns a life estate in the Property, Dirk Ferguson ("Dirk").[1] Dirk is disabled and inherited his life estate in the Property upon the death of his mother, Ida Cardwell ("Cardwell"). In January 2019, Terry leased the Property to Shaun Halloran ("Halloran"), who paid rent to Terry and was residing at the Property at all times relevant to the Complaint.
Defendant Sergeant Bednarek is employed by CPD. On information and belief, Bednarek also owns and operates D-BATS, an Illinois private investigation corporation headquartered in Cook County. On May 9, 2019, Bednarek entered the Property and attempted to serve a "Five Day Notice," i.e., an eviction notice, on Halloran's girlfriend, Rena ("Rena").[2] According to the Complaint the incident was captured on video. Bednarek, openly carrying a firearm, attempted to force his way into the residence, while Rena attempted to prevent him from entering. When Rena stepped back from the door, Bednarek reached into the residence and dropped an eviction notice inside. Rena called 911 to report that an unknown man had "kicked in the front door" to the Property. [1] at 5. Bednarek remained at the Property until police officers responded to Rena's 911 call. Bednarek told the responding officers (falsely, according to the Complaint) that he was a process server; that the Property "was not supposed to be rented out"; and that Plaintiff "had rented the Property against the judge's orders." Id.
On July 12, 2019, Halloran's dog walker, Paul Shinstine ("Shinstine") arrived at the Property to walk Halloran's dog. As Shinstine was walking up the driveway to the residence, Bednarek pulled up in a black SUV and blocked Shinstine from exiting the driveway. Bednarek asked Shinstine if he was Halloran and Shinstine responded "no" and identified himself as Halloran's friend and dog walker. Shinstine asked Bednarek who he was, and Bednarek allegedly responded, [1] at 6. Bednarek claimed to be a special process server employed by D-BATS. Shinstine called Plaintiff to tell him that there was "an unknown man at the Property who had pulled a gun on him." Id.
Plaintiff immediately went to the Property, where he was approached by Bednarek. According to the Complaint, Bednarek knew from the May 9, 2019 incident that Plaintiff "was the designated property manager" for the Property. [1] at 6. When Plaintiff arrived, Bednarek called the Cook County Sheriffs Department and reported (falsely, according to the Complaint) that "there's two guys trespassing" at the Property. Id. at 7. Bednarek described what Plaintiff was wearing. He then demanded that Plaintiff leave the Property. In response to Bednarek's call, Officer Mercado reported to the Property. "Bednarek identified himself to Mercado" as a CPD Sergeant and "grabbed [Plaintiff] and pinned his arms behind his back preventing [Plaintiff] from leaving." Id. "Bednarek then demanded that Mercado handcuff and arrest [Plaintiff] for trespassing." Id. Mercado immediately handcuffed Plaintiff and placed him in the back seat of his squad car. Plaintiff "remained handcuffed and detained in the rear of the squad car for the next two hours." Id.
While Plaintiff was in the squad car, Bednarek falsely advised Mercado that Plaintiff was not supposed to be on the Property and had refused to leave. Bednarek then approached Shinstine and demanded identification, threatening that he would go to jail if he did not comply. Shinstine provided his identification, which Bednarek retained for the next two hours. Bednarek also blocked Shinstine's car in the driveway, preventing Shinstine from leaving. Bednarek told Shinstine that he and Plaintiff would be going to jail if they did not get Halloran to come home to the Property and accept a five-day eviction notice.
Soon after, Officer Ishoo arrived on the scene. Ishoo informed Bednarek that Bednarek could not file a trespass complaint because he had no ownership interest in the Property. Bednarek allegedly acknowledged that he could not file a trespass complaint and said that he was "just trying to scare" Plaintiff, [l]at8. Sheriff Barloga then arrived at the Property. After being "advised of the circumstances, he also advised Bednarek that that he, Bednarek, could not file a complaint for trespass against Timothy" and that "a process server has no skin in the game, no right to the property." Id. Nonetheless, Bednarek "persisted in his demands that [Plaintiff] be charged with trespass to land but also admitted, 'I'm trying to squeeze, of course.'" Id.
While Plaintiff was detained in the back of Mercado's squad car, Bednarek repeatedly ordered him to call Halloran, which Plaintiff did. Bednarek also "repeatedly verbally assaulted, abused and berated [Plaintiff] and made derogatory comments to and about him." [1] at 9. Mercado and Ishoo told Plaintiff that he would be released from the Cook County Sheriffs Office in Maywood, Illinois after he was booked and processed for trespass to land. They also told him that they could obtain his release from custody if Halloran appeared on the scene to accept service of process. Mercado and Ishoo "creat[ed] sworn police reports containing materially false statements," namely, that Bednarek had "the ability to press charges for trespass." Id.
After multiple phone calls, Plaintiff reached Halloran and asked him to return to the Property. Halloran agreed. When he arrived, Bednarek demanded Halloran's phone number. Halloran refused. Bednarek told Halloran that he had [1] at 10. Nearly two hours after he was handcuffed and placed in Mercado's squad car, "Bednarek signed complaint refusals regarding the trespassing charge." Id. () Plaintiff was released and allowed to leave the scene.
According to the Complaint, Bednarek has "a long history of citizen complaints of misconduct registered against him with the City of Chicago," including at least thirty-two citizen complaints "and/or related investigations into his behavior, both on duty and off-duty." [1] at 12. The Complaint further alleges that Bednarek committed domestic violence against his wife-an incident that, if CPD had followed its policies and procedures, should have led to Bednarek's discharge from CPD prior to the July 19, 2019 incident with Plaintiff. The Complaint concludes that "[t]his failure to separate Bednarek from CPD clearly disregards public safety and shows the unwritten policy and custom of special and...
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