Hyung Seok Koh v. Graf

• Decision Date: 30 March 2018
• Docket Number: No. 11 C 02605,11 C 02605
• Parties: HYUNG SEOK KOH and Eunsook Koh, Plaintiffs, v. Mark GRAF, et al., Defendants.
• Court: U.S. District Court — Northern District of Illinois

307 F.Supp.3d 827

HYUNG SEOK KOH and Eunsook Koh, Plaintiffs,

v.Mark GRAF, et al., Defendants.

No. 11 C 02605

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

Filed: March 29, 2018

Signed March 30, 2018

Jonathan I. Loevy, Arthur R. Loevy, Elizabeth N. Mazur, Steven Edwards Art, Loevy & Loevy, Joel H. Feldman, Law Offices of Joel H. Feldman, Chicago, IL, for Plaintiffs.

James Gus Sotos, Caroline P. Golden, Jeffrey Robert Kivetz, The Sotos Law Firm, P.C., Itasca, IL, Paul Alan Rettberg, Brandon K. Lemley, Jason S. Callicoat, Querrey & Harrow, Ltd., Elizabeth A. Ekl, Reiter Burns LLP, Carmen Peter Forte, Jr., Jacob Henry Karaca, James Vincent Ferolo, Jason A. Guisinger, Klein, Thorpe and Jenkins, Ltd., Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

Honorable Edmond E. Chang, United States District Judge

Hyung Seok Koh and Eunsook Koh bring this civil rights lawsuit against Northbrook police officers Mark Graf, John Ustich, Charles Wernick, Roger Eisen, Matthew Johnson, Scott Dunham, Bryan Meents, and Keith Celia; Wheeling police officer Sung Phil Kim; and the Villages of Northbrook and Wheeling.¹ R. 133, Second Am. Compl.² The Kohs' claims arise out of the Defendants' investigation into the death of their son, Paul Koh. Both the Northbrook Defendants and the Wheeling Defendants have moved for summary judgment on all of the Kohs' claims. R. 274, Wheeling Defs.' Mot. Summ. J.; R. 278, Northbrook Defs.' Mot. Summ. J; R. 362, Defendants' Joint Mot. Summ. J.³ For the reasons below, the motions are granted in part and denied in part.

I. Background

For purposes of the summary judgment motions, the facts are viewed in the light most favorable to the Kohs (because they are the non-movants), and all reasonable inferences are drawn in their favor. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

A. At the Scene

At around 3:45 a.m. on April 16, 2009, Eunsook Koh found her 22–year–old son, Paul Koh, lying in a pool of blood in the entryway of their family home. R. 280, NDSOF ¶ 1; R. 315, PSOF ¶ 2; R. 288–2, Exh. 82, Mar. 22, 2010 Pretrial Hr'g Tr. 42:9–43:14 (sealed).⁴ Mrs. Koh's screams woke up her husband, Hyung Seok Koh, who frantically called 911. PSOF ¶¶ 2–3; NDSOF ¶¶ 1–2; R. 280–2, Exh. 1, 911 Call Tr. 1–3. While waiting for the police, the Kohs (thinking that Paul might still be alive) dressed to go to the hospital. PSOF ¶ 3; R. 282–2, Exh. 11, May 11, 2010 Pretrial Tr. 39:13–23. Mr. Koh then called 911 a second time and asked for help. PSOF ¶ 3; NDSOF ¶ 2; Exh. 1, 911 Call Tr. 4–5.

Within minutes, Northbrook police officers Eisen, Johnson, Meents, and Celia arrived at the Kohs' house. NDSOF ¶ 3; PSOF ¶ 4; Exh. 6, NPD Call Detail Report (sealed). The officers found Mr. Koh with a cordless phone in his hand near the front door of the house and Mrs. Koh crouched over Paul's body. NDSOF ¶ 4; R. 280–5, Exh. 4, Celia Dep. Tr. 35:6–37:10. Paul had suffered major stab wounds to his throat and chest. NDSOF ¶¶ 5, 29; Exh. 4, Celia Dep. Tr. 36:23–37:7. Mr. Koh was frantic and screaming for someone to help his son; Mrs. Koh was crying. PSOF ¶ 4; Exh. 4, Celia Dep. Tr. 36:5–38:7. Celia and Meents told Mrs. Koh to come out on to the lawn. Exh. 4, Celia Dep. Tr. 42:21–43:12. Meanwhile, Mr. Koh went out to try to start the family car, but Meents followed him and corralled him back to the front yard. R. 280–6, Exh. 5, July 15, 2010 Pretrial Hr'g Tr. 12:6–13:17. The Kohs were pushed to the ground on their lawn, and sat there for ten to fifteen minutes while Johnson and Meents watched over them. NDSOF ¶¶ 8, 11; PSOF ¶ 5; Exh. 5, July 15, 2010 Pretrial Hr'g Tr. 15:19–21; NDSOF Exh. 7, Meents Dep. Tr. 71:1–19. At various times, the Kohs asked to go into the house to see their son, to gather Mr. Koh's medications, to get Mr. Koh's cell phone, and to go to the hospital. NDSOF ¶¶ 8, 12–13, 15; R. 283–6, Exh. 17, Hyung Seok Koh Dep. Tr. 354:4–355:8. These requests were denied. NDSOF ¶¶ 12–13, 15; Exh. 11, May 11, 2010 Pretrial Hr'g Tr. 76:8–20; Exh. 5, Meents Dep. Tr. 132:2–9.

At the direction of Commander Eisen, Officers Johnson and Meents took the Kohs to Johnson's squad car. R. 380–4, Exh. 3, Eisen Dep. Tr. 56:6–9; R. 282, Exh. 9, Johnson Dep. 67:22–68:7; Exh. 5, Meents Dep. Tr. 89:8–16. The Kohs maintain—and the Northbrook Defendants do not deny (at the summary judgment stage)—that the officers "pushed" and "sort of shoved" them into the squad car. R. 311, Pls.' Resp. NDSOF ¶ 16; Exh. 17, Hyung Seok Koh Dep. Tr. 363:16–364:17 ("[T]hey held our arm or twisted our arm, and then they sort of shoved us into the squad car."); R. 283, Exh. 12, Mar. 22, 2010 Pretrial Hr'g Tr. 57:24–58:7 ("I was asking to go to the hospital, but he said you don't have to go to the hospital and took me to the squad car, pushed me to the squad car."). Johnson drove the Kohs to the Northbrook Police Department. NDSOF ¶ 22; R. 282, Exh. 9, Johnson Dep. Tr. 76:19–21. Neither he nor any other officer ever asked the Kohs whether they wanted to go to the station. PSOF ¶ 6; Exh. 5, July 15, 2010 Pretrial Hr'g Tr. 41:18–42:12; Exh. 82, Mar. 22, 2010 Pretrial Hr'g Tr. 64:8–65:14 (sealed).

B. At the Police Station

When the Kohs arrived at the police station, Mr. Koh asked to sit in the station's chapel, but his requests were denied. PSOF ¶ 7; NDSOF ¶ 37; R. 287–21, Exh. 79, Nov. 13, 2009 Pretrial Hr'g Tr. 59:3–9 (sealed). Instead, Officers Johnson and Ochab escorted the Kohs to a conference room in the police station. NDSOF ¶¶ 34–35; Exh. 9, Johnson Dep. Tr. 85:20–87:20. On the way there, one of the officers asked Mrs. Koh to wash her bloodstained hands in the women's restroom. PSOF ¶ 8; NDSOF ¶ 34; Exh. 9, Johnson Dep. Tr. 85:20–86:23. The officers watched Mrs. Koh as she did so, and investigators inspected the bathroom after she finished. PSOF ¶ 8; Exh. 9, Johnson Dep. Tr. 87:3–11; R. 284–4, Exh. 28, Wasowicz Dep. Tr. 66:8–24.

The Kohs were taken to the conference room and were given blankets and beverages. NDSOF ¶ 44; Exh. 9, Johnson Dep. Tr. 89:1–19. Johnson or other officers watched over the Kohs throughout their time in the conference room.⁵ NDSOF ¶ 44; Exh. 9, Johnson Dep. 220:2–13. Mr. Koh asked to make a phone call, but was not allowed to do so. PSOF ¶ 11; see also R. 328, Northbrook Defs.' Resp. PSOF ¶ 11 (noting that the Deputy Chief Ross "directed Officer Johnson to hold off on the phone call for a few minutes until a translator was present"); R. 308–27, Exh. 134, Transcript of NPD Audio Recordings at 11–12; R. 292–4, Exh. 103, Ross Dep. Tr. 82:17–84:6. Johnson did eventually contact Mr. Koh's pastor, who arrived at the station around 6:00 a.m. PSOF ¶ 10; Exh. 82, Mar. 22, 2010 Pretrial Hr'g Tr. 12:21–13:14 (sealed). Despite his repeated requests, however, Pastor Chang was not allowed to see Mr. Koh. PSOF ¶ 10; Exh. 82, Mar. 22, 2010 Pretrial Hr'g Tr. 17:20–18:8 (sealed). Other friends and family members came to the police station and asked to see the Kohs, but their requests were likewise denied. PSOF ¶¶ 12, 24; R. 286, Exh. 48, Hwang Dep. Tr. 102:17–103:7 (sealed); R. 288–3, Exh. 83, May 11, 2010 Pretrial Hr'g Tr. 147:12–149:19; Exh. 79, Nov. 13, 2009 Pretrial Hr'g Tr. 91:13–95:17 (sealed). Instead, the police interviewed these individuals about Mr. Koh's relationship with his son. PSOF ¶¶ 10, 12–13; Exh. 82, Mar. 22, 2010 Pretrial Hr'g Tr. 15:1–8 (sealed); Exh. 83, May 11, 2010 Pretrial Hr'g Tr. 150:8–151:11.

C. The Investigation

As the Kohs waited at the police station, the investigation into Paul's death progressed. Commander Eisen directed dispatchers at the station to locate a Korean-speaking police officer to help facilitate communication with the Kohs, who had difficulty communicating in English.⁶ PSOF ¶ 16; Exh. 3, Eisen Dep. Tr. 151:7–155:3. A Wheeling police officer, Defendant Kim, responded to the request and arrived at the Northbrook police station to provide interpretation assistance. NDSOF ¶ 45; WDSOF ¶ 8; R. 284–17, Exh. 39, Kim Dep. Tr. 80:10–81:9.

At around 5:00 a.m., Northbrook's Chief of Police, Defendant Wernick, arrived at the Kohs' house. NDSOF ¶ 26; R. 280–7, Exh. 6, NPD Call Detail Report (sealed). Chief Wernick notified the North Regional Major Crimes Task Force (NORTAF), a regional team designed to assist with major crime investigations, about Paul's death. NDSOF ¶¶ 26–27; R. 284–1, Exh. 25, Wernick Dep. Tr. 58:15–19. In response to Chief Wernick's notice, NORTAF investigators arrived on scene. NDSOF ¶¶ 28–32; R. 284–3, Exh. 27, McEnerney Dep. Tr. 81:4–82:10; R. 284–4, Exh. 28, Wasowicz Dep. Tr. 26:22–28:7. Later that morning, a group of NORTAF members and other law enforcement officers conducted a briefing on the Koh case at the Northbrook police station. See NDSOF Exh. 9, Johnson Dep. Tr. 153:12–16; NDSOF Exh. 28, Wasowicz Dep. Tr. 31:1–32:12. What happened at this meeting is not entirely clear—most of the attendees cannot remember exactly who was there or what information was shared—but it appears that NORTAF forensic supervisor Wasowicz presented his preliminary impressions of the scene, and that Officer Johnson shared information that he learned from the Kohs. Exh. 9, Johnson Dep. Tr. 160:10–161:10; Exh. 28, Wasowicz Dep. Tr. 32:13–34:8; R. 284–5, Exh. 29, Wasowicz Aff. ¶ 14; Exh. 27, McEnerney Dep. Tr. 116:13–117:11. The Kohs had informed Johnson that Paul Koh used marijuana, and that Paul was depressed and the Kohs believed he might have committed suicide. Exh. 9, Johnson Dep. Tr. 160:2–161:9; NDSOF ¶¶ 23, 41.

1. Mr. Koh's First Interview

At around 7:30 a.m., Mr. Koh was interviewed by Northbrook detectives Graf and Ustich—the first of two police interrogations he would undergo that morning. NDSOF ¶ 52; R. 285–1, Exh. 42, Video of Hyung Seok Koh Interview 1. Officer Kim was present to assist with Korean-language interpretation. NDSOF ¶ 52; Exh. 42, Video of Hyung Seok Koh Interview 1. This first interview lasted about 55 minutes. NDSOF ¶ 52; Exh. 42, Video...