Warfield v. City of Chicago

• Decision Date: 16 July 2008
• Docket Number: No. 05 C 3712.,05 C 3712.
• Citation: 565 F.Supp.2d 948
• Court: U.S. District Court — Northern District of Illinois
• Parties: Carrie WARFIELD, Lagina Warfield, individually and on behalf of her minor son, Deshaun Fox, Jennifer Warfield, Latoya Powell, Mary Bonner, and Sherprinia Bonner, on behalf of her minor daughter Jalessa Bonner, Plaintiffs, v. CITY OF CHICAGO, Officer Calvin Chatman, Officer Dwayne Collier, Detective Jerome Bogucki, Detective Valerie Lymperis, Detective Antonio Allen, Detective Michael Muzupappa, Jr. Detective John Hillmann, Detective Bruce Kischner, Detective Alan Pergrande, and Unknown Chicago Police Officers, Defendants.

565 F.Supp.2d 948

Carrie WARFIELD, Lagina Warfield, individually and on behalf of her minor son, Deshaun Fox, Jennifer Warfield, Latoya Powell, Mary Bonner, and Sherprinia Bonner, on behalf of her minor daughter Jalessa Bonner, Plaintiffs, v. CITY OF CHICAGO, Officer Calvin Chatman, Officer Dwayne Collier, Detective Jerome Bogucki, Detective Valerie Lymperis, Detective Antonio Allen, Detective Michael Muzupappa, Jr. Detective John Hillmann, Detective Bruce Kischner, Detective Alan Pergrande, and Unknown Chicago Police Officers, Defendants.

No. 05 C 3712.

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

July 16, 2008.

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Jonathan I. Loevy, Arthur R. Loevy, Michael I. Kanovitz, Russell R. Ainsworth, Loevy & Loevy, Chicago, IL, for Plaintiffs.

Diane S. Cohen, Law Department Corporation Counsel, Arnold Hyunguk Park, Mara Stacy Georges, Department of Law, Eileen Ellen Rosen, Rock, Fusco, LLC, Andrew M. Hale, Andrew M. Hale & Associates, LLC, Mary Elizabeth McCahill, Corporation Counsel's Office, Silvia Mercado Masters, Stacy Ann Benjamin, Rock Fusco, LLC, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

RUBEN CASTILLO, District Judge.

Carrie Warfield ("Carrie"), Lagina Warfield ("Lagina") on behalf of herself and her minor son Deshaun Fox ("Deshaun"), Jennifer Warfield ("Jennifer"), Latoya Powell ("Latoya"), Mary Bonner ("Mary"), Sherprinia Bonner ("Sherprinia") on behalf of her minor daughter Jalessa Bonner ("Jalessa") (collectively, "Plaintiffs") brought this Section 1983 suit against the City of Chicago (the "City"), Chicago police officers Calvin Chatman ("Officer Chatman") and Dwayne Collier ("Officer Collier"), and Chicago police detectives Raymond Schalk ("Detective Schalk"), Jerome Bogucki ("Detective Bogucki"), Valerie Lymperis ("Detective Lymperis"), Antonio Allen ("Detective Allen"), Michael Muzupappa, Jr. ("Detective Muzupappa"), John Hillmann ("Detective Hillmann"), Bruce Kischner ("Detective Kischner"), Alan Pergande ("Detective Pergande"), as well as other unknown Chicago police officers (collectively, "Defendants"). (R. 64, Compl.)

UNDISPUTED FACTS¹

I. The Shootings

On June 27, 2004, Carrie, her sister Lagina, Lagina's eight-year old son Deshaun, and their pregnant, eighteen-year old cousin, Jennifer, were living in Carrie's apartment at 5331 West Congress Parkway in Chicago. (R. 198, Pls.' Resp. to Defs.' Stmt. of Facts ¶ 1; R. 206, Defs.' Resp. to Pls.' Stmt. of Add'l Facts ¶ 1.) Fourteen-year old Jalessa was staying with her nineteen-year old aunt, Mary, in an apartment at 5508 W. Congress Parkway. (Id.) Latoya lived at 5234 West Harrison; she was friends with Carrie. (Id.)

On June 27, 2004, at approximately 7:35 p.m., a shooting occurred on the 5300 block of West Congress. (R. 198, Pls.' Resp. to Defs.' Stmt. of Facts ¶ 9.) Sergeant Robert Rentner ("Sergeant Rentner") of the 15th District gang tactical team sent officers to the scene, who determined the shooting was gang-related. (Id.) Sergeant Rentner received information that there was a red Chevy on that block which may have had a cache of weapons, and he assigned Officers Chatman and Collier to go to the location in a covert van, dressed in civilian clothes, to conduct surveillance of the car. (Id. ¶ 10.)

Officer Chatman drove the van and parked at approximately 5310 West Congress. (Id. ¶ 11.) Officers Chatman and Collier located the red Chevy and remained in the front seat of the van to conduct their surveillance. (Id.) A police beat car was also present at the intersection of Lockwood and Congress. (Id.)

At that time, a group of young black males were standing on the sidewalk on the north side of the street. (Id. ¶ 12.) Officer Chatman testified in his deposition that he observed one of the young black males walk east oh Congress toward where the van was located, then return to the group and gesture toward the van. (Id.) Kejaun Harper ("Harper"), of 5330 West Congress, was part of this group, which also included Mandress Brady, Arnold Barnes, Deandre Lee, Darryl McCord, and his brother Jabar. (Id. ¶ 13.) Kejaun testified that Seneca Smith ("Smith") walked up to the group as did another person from the neighborhood, named Jamal, but then Seneca walked away from the group heading east towards Lockwood. (Id.)

Officer Chatman testified that Smith left the group with his right hand underneath his jersey at his belt/waist area, keeping his hand there as he walked east on Congress on the north side of the street until he got to approximately one house west of the van's location, and then began to jog or run toward the passenger side door of the van. (Id. ¶ 14.) Dora Wooden ("Wooden"), who lived at 5314 West Congress, testified that the closest Smith came to the van was the edge of the sidewalk next to Wooden's front lawn. (R. 198, Pls.' Resp. to Defs.' Stmt. of Facts ¶ 14 & Ex. Q, Wooden Dep. at 67-68, 72, 81.) Officers Chatman and Collier testified, by contrast, that Smith came up to the van and asked the officers what they wanted. (Id. ¶ 15.) Officer Chatman testified that he told Smith they were police officers and reached for his badge to show Smith. (Id.) Officer Chatman then saw a weapon in Smith's right hand, coming up at a 45-degree angle toward Officer Collier's head. (Id. ¶ 16.) Officer Chatman then fired twice at Smith. (Id.)

Smith fell to the ground, and then got up and began running westbound on Congress. (Id. ¶ 17.) Smith still had the gun in his hand. (Id.) Officer Collier gave chase and ran westbound down the sidewalk. (Id.) Officer Collier testified that he identified himself as a police officer and displayed his badge. (Id.) Officer Chatman gave chase parallel to Smith and Officer Collier. (Id.) At about three or four houses from the van's location, Smith made a 45-degree turn and crossed into the street. (Id. ¶ 18.) Smith turned slightly to his left and fired his weapon in Officer Collier's direction. (Id.) In response, Officer Collier fired two shots in Smith's direction. (Id. ¶¶ 18-19.) Officers Collier and Chatman testified that they continued to identify themselves as police officers. (Id.)

Smith ran toward the apartment building at 5331 West Congress. (Id. ¶ 19.) He ran up to the outside door and pushed his way in. (Id. ¶ 21.) Officers Collier and Chatman testified that Officer Collier shot Smith while he was attempting to force the door open at 5331 West Congress, and as the door opened up, Smith fell inside the hallway. (Id. ¶ 19.) Officers Chatman and Collier further testified that they could not see or hear anyone in the vestibule (or hallway) of the apartment building when Officer Collier shot Smith. (R. 206, Defs.' Resp. to Pls.' Stmt. of "Add'l Facts ¶ 5.)

Plaintiffs Carrie, Jennifer, Latoya, Mary, Jalessa, and their friends Chantel Davidson ("Chantel") and Katrina Robinson ("Katrina") were in the vestibule at 5331 West Congress when Smith entered the vestibule. (R. 198, Pls.' Resp. to Defs.' Stmt. of Facts ¶ 21.) These girls had been walking together eastbound on Congress on the south side of the street toward Carrie's apartment at 5331 West Congress when they heard the shooting, at which point they ran into the dark vestibule of 5331 West Congress and shut the door. (Id. ¶¶ 20-22.) They could not get down to Carrie's basement apartment and were banging on the door. (Id.) They pressed themselves against the sides of the vestibule walls for protection. (R. 206, Defs.' Resp. to Pls.' Stmt. of Add'l Facts ¶ 4.) The vestibule was approximately 3.5 feet by 6.5 feet, and the exterior door to the vestibule was glass surrounded by a wood frame. (Id.)

Plaintiffs did not hear Officers Chatman or Collier identify themselves as police officers. (R. 198, Pls.' Resp. to Defs.' Stmt. of Facts ¶ 18-19.) Plaintiffs testified that Smith was shot after he entered the door at 5331 West Congress. (Id. ¶ 19.) They testified that they could see people pointing guns at them and that they were screaming as the shots were fired. (R. 206, Defs.' Resp. to Pls.' Stmt. of Add'l Facts ¶ 5.) Officers Chatman and Collier heard voices coming from inside the basement after Smith entered the basement apartment. (Id.)

Plaintiffs knew Smith as someone from the neighborhood. (R. 198, Pls.' Resp. to Defs.' Stmt. of Facts ¶ 21.) When he entered the vestibule, Smith stood in the middle of the glass door; he was very big. (Id. ¶ 22.) The parties dispute whether Smith had a gun in his hand when he was shot. (Id. ¶ 16.) Plaintiffs testified that the officers fired additional shots into the vestibule, but the officers deny firing a third time into the hallway. (Id. ¶ 19.) One of Officer Collier's bullets hit thirteen-year-old Chantel in the shoulder, and Smith was also hit by one or more bullets. (R. 206, Defs.' Resp. to Pls.' Stmt. of Add'l Facts 116.) Carrie testified that she thought the shooters were gang members. (Id.)

Lagina was asleep in the back of the apartment with her son Deshaun when she heard banging on the door and Carrie's voice yelling. (Id. ¶ 24.) Lagina heard three gunshots as she approached the bottom of the stairs. (Id.) She unlocked the door of the apartment and then ran to the bed to cover her son. (Id.) Lagina then walked back to the front of the apartment where the girls were standing and saw Seneca on the floor of the stairs. (Id.) When the door to the apartment opened, the girls ran downstairs, with Carrie and Latoya pulling Smith downstairs with them. (Id.) Once inside, Carrie called the police to report that someone had gotten shot and that someone else was trying to enter her apartment. (R. 206, Defs.' Resp. to Pls.' Stmt. of Add'l Facts ¶ 10.) Officers Collier and Chatman never entered the apartment. (R. 198, Pls.' Resp. to Defs.' Stmt. of Facts ¶ 19.)

II. After the Shootings

When additional police arrived at the apartment, they came into the basement with their guns drawn and told the girls to sit down....