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Case Name Vergara v. Dal Ponte PN-IL-0013
Docket / Court 1:15-cv-02407 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Policing
Case Summary
On March 19, 2015, three men arrested in Chicago, IL filed this lawsuit in the United States District Court for the Northern District of Illinois. The plaintiffs sued the City of Chicago and Chicago police officers under 42 U.S.C. § 1983. The plaintiffs, represented by a private firm, asked the ... read more >
On March 19, 2015, three men arrested in Chicago, IL filed this lawsuit in the United States District Court for the Northern District of Illinois. The plaintiffs sued the City of Chicago and Chicago police officers under 42 U.S.C. § 1983. The plaintiffs, represented by a private firm, asked the court for compensatory and punitive damages. The plaintiffs claimed that the City of Chicago and police officers violated their Fourth and Fourteenth Amendment rights. Specifically, the plaintiffs claimed that Chicago police officers had subjected them to false arrest at the Homan Square detention facility, excessive use of force, and illegal searches; attempted to coerce them into false confessions without an attorney present; and threatened them that they would be charged with crimes if they did not provide information.

On May 13, 2015, the defendants filed a motion to dismiss for failure to state a claim. Primarily, defendants claimed that plaintiffs' complaint was untimely and that the allegation that the police had threatened plaintiffs into not speaking about their experience was not enough to defeat the statute of limitations. On May 27, 2015, Judge Andrea R. Wood granted defendants' motion to stay discovery pending the resolution of motion to dismiss.

As of March 20, 2016, this case was ongoing.

Kat Brausch - 03/20/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
General
Excessive force
False arrest
Over/Unlawful Detention
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) City of Chicago
Plaintiff Description Chicago residents arrested and detained in the Homan Square detention center
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Federal Enforcement of Police Reform
By: Stephen Rushin (University of Illinois College of Law, University of California, Berkeley - Jurisprudence and Social Policy Program )
Citation: 82 Fordham Law Review 3189 (2014)
[ Detail ] [ External Link ]

  Panopticism for Police: Structural Reform Bargaining and Police Regulation by Data-Driven Surveillance
By: Mary D. Fan (University of Washington)
Citation: Forthcoming, 87 Washington L. Rev. __ (2012).
[ Detail ] [ External Link ]

  What Happens When Police Are Forced to Reform?
Written: Nov. 13, 2015
By: Kimbriell Kelly, Sarah Childress and Steven Rich (Frontline/Post)
Citation: Washington Post (Nov. 13, 2015)
[ Detail ] [ External Link ]

Docket(s)
1:15-cv-02407 (N.D. Ill.) 11/20/2015
PN-IL-0013-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/19/2015
PN-IL-0013-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Wood, Andrea Robin (N.D. Ill.)
PN-IL-0013-9000
Monitors/Masters None on record
Plaintiff's Lawyers Amouyal, Kara Brooke (Illinois)
PN-IL-0013-9000
Fay, Katherine Tapie (Illinois)
PN-IL-0013-9000
Horwitz, Blake Wolfe (Illinois)
PN-IL-0013-0001 | PN-IL-0013-9000
Defendant's Lawyers Cazares, Jorge V. (Illinois)
PN-IL-0013-9000
Cifonelli, Jonathan Booker (Illinois)
PN-IL-0013-9000
Jones, Walter Jr. (Illinois)
PN-IL-0013-9000
Steiner, Rachel C. (Illinois)
PN-IL-0013-9000
Other Lawyers None on record

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