Smith v. Burge

• Citation: 222 F.Supp.3d 669
• Decision Date: 28 November 2016
• Docket Number: Case No. 16 C 3404
• Parties: Alonzo SMITH, Plaintiff, v. Jon BURGE, et al., Defendants.
• Court: U.S. District Court — Northern District of Illinois

222 F.Supp.3d 669

Alonzo SMITH, Plaintiff,

v.Jon BURGE, et al., Defendants.

Case No. 16 C 3404

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

Signed November 28, 2016

G. Flint Taylor, Jr., Joey L. Mogul, Benjamin H. Elson, People's Law Offices, Chicago, IL, for Plaintiff.

Andrew M. Hale, Amy A. Hijjawi, Avi T. Kamionski, Jennifer Bitoy, Shneur Z. Nathan, Hale Law LLC, Chicago, IL, Terrence Michael Burns, Daniel Matthew Noland, Harry N. Arger, Molly E. Thompson, Paul A. Michalik, Dykema Gossett PLLC, Chicago, IL, Lisa Marie Meador, Anna G. O'Connor, Chicago, IL, Martin D. Syvertsen, Freeborn & Peters, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

AMY J. ST. EVE, District Court Judge:

On March 17, 2016, Plaintiff Alonzo Smith brought the present nine-count Complaint against former Chicago Police Officers, former Cook County State's Attorneys, former City of Chicago officials, the City of Chicago, and the County of Cook¹ alleging violations of his constitutional rights, along with supplemental state law claims. See 28 U.S.C. §§ 1331, 1367(a). Before the Court are the Chicago Defendants' motion to dismiss, Defendants Paul Kelly's and Cook County's motion to dismiss, and Defendant Richard M. Daley's motion to dismiss brought pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the Court denies the Chicago Defendants' motion to dismiss, denies Defendants Kelly's and Cook County's motion to dismiss, and grants in part and denies in part Defendant Daley's motion to dismiss.

LEGAL STANDARD

"A motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) challenges the viability of a complaint by arguing that it fails to state a claim upon which relief may be granted." Camasta v. Jos. A. Bank Clothiers, Inc., 761 F.3d 732, 736 (7th Cir. 2014). Under Rule 8(a)(2), a complaint must include "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). Under the federal pleading standards, a plaintiff's "factual allegations must be enough to raise a right to relief above the speculative level." Bell Atlantic v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). Put differently, a "complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ " Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955 ).

When determining the sufficiency of a complaint under the plausibility standard, courts must "accept all well-pleaded facts as true and draw reasonable inferences in the plaintiffs' favor." Roberts v. City of Chicago , 817 F.3d 561, 564 (7th Cir. 2016). Also, it is well-settled that "a plaintiff ordinarily need not anticipate and attempt to plead around affirmative defenses." Hyson USA, Inc. v. Hyson 2U, Ltd., 821 F.3d 935, 939 (7th Cir. 2016). Nevertheless, a "statute of limitations defense is properly considered in determining a Rule 12(b)(6) motion when the factual allegations in the complaint establish such a defense." Bonnstetter v. City of Chicago, 811 F.3d 969, 974 (7th Cir. 2016).

BACKGROUND

I. Introduction

Plaintiff alleges that he spent approximately twenty years incarcerated in the Illinois Department of Corrections due to his wrongful conviction of home invasion, armed robbery, and murder of James Fullilove in 1984. (R. 1, Compl. ¶¶ 1, 68.) Plaintiff brings the present civil rights lawsuit after a Circuit Court of Cook County judge vacated his convictions pursuant to the Illinois Post–Conviction Hearing Act, 725 ILCS 5/122–1, after which the State dismissed all charges against him on October 19, 2015. (Id. ¶¶ 92, 116, 117.)

Plaintiff alleges that Defendant Sergeant John Byrne and Defendant Detective Peter Dignan—at the direction of Defendant Chicago Police Commander Jon Burge—falsely arrested and charged him with Fullilove's murder after Defendants Byrne and Dignan tortured him to coerce his confession. (Id. ¶ 1.) Plaintiff asserts that his case was not an isolated occurrence, but rather the interrogation and torture at the Area 2 Police Headquarters ("Area 2") was part of a long-standing pattern and practice of racially motivated torture, including electric shock, baggings, mock executions, Russian roulette, and beatings dating back to the early 1970s when Defendant Burge was a detective at Area 2 on the midnight shift. (Id. ¶¶ 71, 72.) Also, Plaintiff alleges that personnel in the Chicago Police Department ("CPD"), several Chicago mayors, successive Superintendents of the Chicago Police, and certain Cook County State's Attorneys concealed their knowledge of this ongoing, systemic torture and abuse. (Id. ¶ 2.)

II. Parties

Defendants in this lawsuit include John Byrne, who was a duly appointed and sworn Chicago Police Sergeant in Area 2 from 1982 to August 1986, and supervisor of Area 2's midnight shift under Defendant Burge's command. (Id. ¶ 8.) From 1988 to 1991, Defendant Byrne was a Sergeant in the Violent Crimes Unit of Area 3 ("Area 3"), which was also under Defendant Burge's command. (Id. ) Defendant Peter Dignan was a duly appointed and sworn Chicago Police Detective assigned to Area 2 under Defendant Burge's command. (Id. ¶ 9.) From 1987 to 1992, Defendant Leroy Martin was Chicago's Superintendent of Police and was Defendant Burge's direct supervisor at Area 2 in 1983 and early 1984. (Id. ¶ 10.) Defendant Terry Hillard was Chicago's Superintendent of Police from 1998 until 2004. (Id. ¶ 11.) From 1998 to 2002, Defendant Thomas Needham was counsel to and chief administrator for Defendant Hillard. (Id. ¶ 12.) From 1981 to 1989, Defendant Daley was the State's Attorney of Cook County, and from 1989 until 2011, Defendant Daley was Chicago's Mayor. (Id. ¶ 13.) Defendant Gayle Shines was the Director of the now defunct Office of Professional Standards ("OPS")² from 1990 to 1998. (Id. ¶ 14.) Defendant Paul Kelly was an Assistant Cook County State's Attorney assigned to the Felony Review Unit during the relevant time period. (Id. ¶ 15.)

III. Plaintiff's Arrest and Interrogation

On January 18 or 19, 1983, Fullilove was found dead in his apartment in Chicago. (Id. ¶ 19.) Detectives from Area 2, including Defendants Byrne and Dignan, were responsible for investigating Fullilove's death, and Defendant Burge was the CPD Lieutenant leading the Fullilove investigation. (Id. ¶¶ 20, 21.) On January 21, 1983, around noon, Plaintiff voluntarily went to Area 2 Police Headquarters with a friend after he learned that CPD officers visited his house asking to speak with him about the Fullilove murder. (Id. ¶ 22.) Area 2 detectives interrogated Plaintiff for two hours, after which the officers contacted Defendants Byrne and Dignan and informed them of the status of the investigation. (Id. ¶ 23.) Defendants Byrne and Dignan then arrived at Area 2. (Id. ) Also, Defendant Burge talked to Plaintiff on two separate occasions at Area 2 on January 21, 1983, and after Plaintiff denied involvement in the crime, Defendant Burge told Plaintiff that he would talk one way or another before the night was over because they had ways of making him talk. (Id. ¶ 24.)

Plaintiff alleges that Defendant Dignan then confronted him in an interrogation room on the second floor of Area 2, told him to get up, and said "we're going to have a real conversation now." (Id. ¶ 25.) Defendants Dignan and Byrne proceeded to take Plaintiff downstairs to the basement of Area 2. (Id. ¶ 26.) Plaintiff asserts that Defendant Byrne asked Defendant Dignan if he had "the stuff," and Defendant Dignan replied that he did, but that some of it was in the car. (Id. ¶ 27.) Next, Defendant Dignan left the Area 2 police station and returned with a plastic bag that looked like a garbage bag. (Id. ) Upon return, Defendant Dignan unlocked the door to the basement and both he and Defendant Byrne took Plaintiff there. (Id. ¶ 28.)

Once in the basement, Defendants Byrne and Dignan forced Plaintiff to sit in a metal swivel chair and handcuffed his hands behind his back. (Id. ¶ 29.) According to Plaintiff, Defendant Dignan then opened the plastic bag and brandished a black rubber nightstick that was about 16–18 inches in length. (Id. ¶ 30.) Subsequently, Defendant Dignan asked Plaintiff if he knew CPD officer Allen Davis—who was also in custody and later became Plaintiff's co-defendant in the Fullilove crimes—and Plaintiff responded "no." (Id. ) Defendant Dignan then told Plaintiff that he was lying, that he had been lying all day, and that he wanted Plaintiff to tell the truth. (Id. ¶ 31.) Plaintiff reiterated to Defendant Officers that he was telling the truth. (Id. ) Plaintiff asserts that Defendant Dignan responded by saying that "he had all night" and that before Plaintiff "left the basement" he would "tell them what they wanted to hear." (Id. ¶ 32.) Defendant Dignan then told Plaintiff that he would give him one more chance to tell "the truth," and Plaintiff responded that he had been doing so. (Id. ¶ 33.) In response, Defendant Dignan hit Plaintiff several times between the legs with the rubber nightstick while Plaintiff was seated and handcuffed, and Defendant Byrne kicked Plaintiff in the stomach. (Id. ¶ 34.) In addition, both Defendants Dignan and Byrne hit Plaintiff with their nightsticks on the palms of Plaintiff's hands and the back of his legs. (Id. )

Thereafter, Defendants Byrne and Dignan pulled the plastic bag over Plaintiff's head, put a thick brown rubber band around the bag, and told Plaintiff that they were going to show him how to suffocate a dope dealer. (Id. ¶ 35.) While Plaintiff had the bag over his head, Defendant Byrne kicked him in the stomach, and Defendant Dignan hit him in the stomach with his nightstick. (Id. ¶ 36.) The next thing Plaintiff remembered was getting up off the floor with the bag removed from his head. (Id. ¶ 37.) Plaintiff alleges that Defendants Dignan and Byrne then picked him up, put...