Thompson v. Vill. of Monee, 12 C 5020
| Decision Date | 01 July 2013 |
| Docket Number | No. 12 C 5020,12 C 5020 |
| Parties | KENNETH N. THOMPSON, SR. et al., Plaintiffs, v. VILLAGE OF MONEE, et al., Defendants. |
| Court | U.S. District Court — Northern District of Illinois |
AMY J. ST. EVE, District Court Judge:
On December 17, 2012, pro se Plaintiffs Kenneth N. Thompson, Sr. and Keenan T. Thompson (collectively, the "Plaintiffs") filed a sixty-six page, twenty-four count Second Amended Complaint against the Village of Monee, the Village of Monee Board of Trustees, Trustee Popp, Trustee Farquhar, Trustee Stockon, Chief John Cipkar, Russel Caruso, Sergeant Anthony Lazzaroni, Officer Michael Drumm, Officer Chad Blake, Officer Crescenti, Officer Fowler, Officer Cash, Officer Jones, Teresa Catey, Stanley Catey, Martin D. Bachand, and Phyllis M. Bachand, (collectively, the "Defendants"). (R. 53, SAC.) Defendants filed three motions to dismiss the Second Amended Complaint pursuant to Federal Rule ("Rule") of Civil Procedure 12(b)(6). Specifically, Martin and Phyllis Bachand filed a motion to dismiss on January 8, 2013 (R. 64, Bachands' MTD); Teresa and Stanley Catey filed a motion to dismiss on January 11, 2013 (R. 66, Cateys' MTD); and the Village of Monee, the Village of Monee Board of Trustees, Trustee Popp, Trustee Farquhar, Trustee Stockon, Chief John Cipkar, Russel Caruso, Sergeant Anthony Lazzaroni, Officer Michael Drumm, Officer Chad Blake, and Officer Crescenti (collectively the "Monee Defendants") filed a motion to dismiss and supportingmemorandum on January 11, 2013 (R. 69, Monee MTD). Because the issues presented by each motion to dismiss overlap, the Court addresses all three pending motions in this opinion.
BACKGROUND
Pro se Plaintiffs Kenneth N. Thompson, Sr. ("Kenneth") and Keenan T. Thompson ("Keenan") allege the following facts, which the Court deems true for the purposes of this motion.
Plaintiffs are an African-American father and son who reside on a 3-acre estate in Monee, Illinois. (SAC ¶¶ 4-5, 14, 49.) According to Plaintiffs, Defendants have conspired together in a discriminatory scheme - spanning from 2007 to 2011 - designed to force Plaintiffs to move from the community. (SAC ¶ 43.) This conspiracy included Chief Caruso, Chief Cipkar, the Monee Officers, and Officer Drumm (collectively, the "Officers") "continuously trespassing on Plaintiff's property" and threatening to arrest Kenneth over fifty times during that period, as well as three actual arrests of Kenneth without probable cause. (SAC ¶¶ 20, 25-26, 55.) According to Plaintiffs, as part of this conspiracy, the Cateys and the Bachands (collectively, the "Neighbors") made false statements to the Officers to facilitate false arrests of Kenneth. (SAC ¶¶ 16, 21, 23.) The Officers, Trustees, and Neighbors also made statements "with intent to deceive and mislead [the] State Prosecutor for the purposes of instituting a false arrest and incarcerat[ing] Plaintiff." (SAC ¶ 201.)
Plaintiffs refer to ten particular instances of police harassment on Kenneth's property, some of which the Neighbors provoked by their complaints to the police. (SAC ¶¶ 13-26.) The dates of these incidents are August 15, 2007, June 21, 2008, May 11, 2009, July 11, 2009, January 2-3, 2010, June 26, 2010, July 10, 2010, July 9, 2011, July 17, 2011, and August 27,2011. (Id.) On each of these dates, Officers arrested, threatened arrest, or attempted to arrest Kenneth, Keenan, or Plaintiffs' friends. (Id.)
Specifically, Officers threatened to or attempted to arrest Kenneth on June 21, 2008, May 11, 2009, July 11, 2009, January 3, 2010, July 10, 2010, and July 9, 2011. (SAC ¶¶ 14-15, 17, 19, 22, 24.) On June 21, 2008, Kenneth was hosting a birthday party for his daughter when Officer Drumm arrived at his home and threatened to arrest him, claiming that a Neighbor had called complaining of noise coming from his property. (SAC ¶ 14.) On May 11, 2009, Kenneth called the police because someone trespassed on his property. (SAC ¶ 15.) Officer Drumm arrived on the scene and attempted to arrest Kenneth, but Kenneth went inside his home and locked the door, preventing Officer Drumm from arresting him. (Id.) According to Plaintiffs, they recorded this incident and gave the videotape to Chief Caruso. (Id.)
On July 11, 2009, Kenneth was hosting a birthday party at his home with over seventy-five friends and business associates present. (SAC ¶ 17.) Neighbors made repeated calls to the police, saying:
(Id.) Certain Officers arrived at Kenneth's home several times that day, and attempted to arresthim. (Id.) The officers did not arrest him, though, because he locked himself in his house. (Id.) According to Plaintiffs, the Officers left, but "continued to return every hour." (Id.)
On January 3, 2010, certain Officers "busted down" the front door of Kenneth's house "from the hinges," and alleged that they had a warrant for Kenneth's arrest. (SAC ¶ 19.) Additionally, Officer Drumm "rammed down" the bedroom door of Kenneth's thirteen-year-old daughter. (Id.) Kenneth called his attorney, and then the Officers left. (Id.)
On July 10, 2010, Kenneth was hosting a business networking function at his home with over eighty-five friends and business associates. (SAC ¶ 22.) Neighbors made repeated calls to the police, once again complaining about the behavior of "Black people" or "colored folks" on or near their property. (Id.) Officers arrived at Kenneth's home several times that day, and attempted to arrest him. (Id.) Officers did not arrest him, though, because he locked himself in his house, and a residential security officer prevented Officers from entering Kenneth's home. (Id.)
Similarly, on July 9, 2011, Officers arrived at Kenneth's home several times, while he was hosting a business networking function with over seventy-five friends and business associates. (SAC ¶ 24.) Officers attempted to arrest Kenneth after Neighbors made repeated calls to the Village of Monee Police, but again did not do so because he locked himself in his home. (Id.) The Officers left, but "continued to return throughout the day" and harass Kenneth's family, friends, and business associates "frequently." (Id.)
Police arrested Kenneth on June 26, 2010, July 17, 2011, and August 27, 2011. (SAC ¶¶ 20, 25-26.) During these three arrests, the Monee Officers and Officer Drumm placed handcuffs on him "excessively tight." (SAC ¶¶ 27, 64.) On June 26, 2010, some Officers arrested Kennethand charged him with six citations: fleeing and attempt to elude an officer; vehicle fail to yield right of way to emergency vehicle; "unsafe backing up on road way"; driving under the influence; obstruction of justice/failure to yield to peace officer; and suspended driver's license. (SAC ¶¶ 20, 102.) During this arrest, Officer Drumm held a gun to Kenneth's head, "excessively choked" Kenneth "around his neck preventing [him] from breathing resulting in [him] becoming faint," slammed Kenneth on the ground "face [f]irst," "brutally jabbed" both knees into the Kenneth's back causing "immediate extreme pain," and, when placing Kenneth in the squad car, applied "extreme pressure" to Kenneth's head, and then "forcefully push[ed]" Kenneth to the seat "while jabbing [him] in the neck with his closed fist." (SAC ¶¶ 62, 178, 186.)
On July 17, 2011, some of the Officers arrived at Kenneth's home and claimed that they "need[ed] to arrest" him. (SAC ¶ 25.) Kenneth, "tired of running in the house," told an officer "okay arrest me," and some Officers arrested him for disorderly conduct or loud noise violation. (SAC ¶¶ 25, 104.)
On August 27, 2011, Officers arrested Kenneth again, charging him with battery. (SAC ¶¶ 26, 105.) Prosecutors dismissed this charge on February 8, 2012. (Id.) Kenneth spent three days in Will County jail, and then posted a $1000 bond. (SAC ¶26.)
According to Plaintiffs, Officers illegally searched a vehicle at Kenneth's home on June 26, 2010 (SAC ¶127), illegally searched his home on seven occasions (SAC ¶120), and illegally searched his person on nine occasions (SAC ¶ 113).
Officers also harassed Keenan's friends on August 15, 2007 while Keenan hosted a "trunk party in celebration of him attending the University of Illinois at Urbana Champaign."(SAC ¶ 13.) Officers "wrongfully arrested" two of his friends. (Id.) Additionally, on January 2, 2010, Officers threatened to arrest Keenan at his house. (SAC ¶ 18.) This led to much ridicule of Keenan among his college friends and "caused a lot of stress." (Id.)
In total, Plaintiffs allege twenty-four counts against Defendants. Against the Trustees, Officers, and Neighbors, Plaintiffs allege federal claims of 42 U.S.C §§ 1982, 1983 and 1985 claims for civil rights conspiracy and 42 U.S.C § 1983 claim of equal protection class of one, as well as state claims of abuse of process, willful, reckless, and wanton conduct, intentional infliction of emotional distress, false light or defamation, and common-law fraud. (SAC at Counts I, VII, XII, XIV, XVI, XIX, XX.) Against the Trustees and Officers, Plaintiffs additionally allege unreasonable seizure and substantive due process in violation of 42 U.S.C § 1983, as well as state claims of malicious prosecution, assault, battery, indemnification, and false imprisonment claims. (SAC at Counts V, XIII, XV, XVII, XVIII, XXII, XXIV.) Against the Officers, Plaintiffs additionally allege excessive force, failure to intervene, false arrest, unreasonable search of person, unreasonable search of home, unreasonable search of vehicle, and unlawful seizure in violation of 42 U.S.C § 1983. (SAC Counts II, VI, VIII, IX, X, XI,...
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