University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Angel Perez v. City of Chicago PN-IL-0015
Docket / Court 13-cv-4531 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Policing
Case Summary
On June 20, 2013, a man who had been arrested and detained in Chicago’s Homan Square detention center filed this lawsuit in the United States District Court for the Northern District of Illinois. The plaintiff sued the City of Chicago and Chicago police officers under 42 U.S.C. § 1983. The ... read more >
On June 20, 2013, a man who had been arrested and detained in Chicago’s Homan Square detention center filed this lawsuit in the United States District Court for the Northern District of Illinois. The plaintiff sued the City of Chicago and Chicago police officers under 42 U.S.C. § 1983. The plaintiff, represented by a private firm, asked the court for compensatory and punitive damages. The plaintiff claimed that the City of Chicago and the individual police officers violated his Fourth and Fourteenth Amendment rights. Specifically, the plaintiff claimed that he had been subjected to secret arrest and excessive force, tortured, sodomized, and prevented from calling an attorney.

On October 5, 2015, the plaintiff filed a second amended complaint that included additional plaintiffs and a class action lawsuit. The plaintiffs now ask for injunctive and declaratory relief as well as monetary damages. The plaintiffs make the same claims: that the city of Chicago and the Chicago police department violated their Fourth and Fourteenth amendment rights by subjecting them to excessive force and secret arrests, without making a public record of their arrest or allowing them to contact an attorney.

On January 16, 2016, Magistrate Judge Mary M. Rowland granted the discovery motion from the plaintiffs to inspect the Homan Square facilities where the detainees were kept. This area includes detainee cells, bathrooms, bullpen holding cells and interview/interrogation rooms. The plaintiff is also permitted to perform testing in these areas on suspected blood and human excrement.

The defendants filed a motion to dismiss on December 18, 2015, on the basis that two of the plaintiffs were time-barred and another plaintiff failed to state a claim on which relief can be granted. On February 15, 2016, the intervenor plaintiff from Mann v. Ramaglia filed a motion to consolidate his case with this one. On March 24, 2016, Judge Mary M. Rowland granted part and denied part of the motion. She directed that pre-trial proceedings be coordinated in this case and Mann v. Ramaglia under her supervision. Moreover Judge Rowland will determine the scope of discovery coordination and in her discretion may proceed discovery as to certain matters in the two cases to proceed on separate tracks.

As of April 3, 2016, this case was ongoing.

Kat Brausch - 04/03/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Defendant-type
Law-enforcement
General
Excessive force
Over/Unlawful Detention
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
State law
Defendant(s) City of Chicago
Plaintiff Description People who were secretly detained by the Chicago Police Department at the police warehouse at Homan Square
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer No
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
Case Listing PN-IL-0012 : Mann v. Ramaglia (N.D. Ill.)
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)
1:13−cv−04531 (N.D. Ill.) 02/26/2016
PN-IL-0015-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/20/2013
PN-IL-0015-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint 10/05/2015
PN-IL-0015-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Intervention, Reassignment or Consolidation of Related Cases 02/15/2016
PN-IL-0015-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Brown, Geraldine Soat (N.D. Ill.) [Magistrate]
PN-IL-0015-0003
Dow, Robert Michael Jr. (N.D. Ill.)
PN-IL-0015-9000
Rowland, Mary M. Court not on record
PN-IL-0015-9000
Monitors/Masters None on record
Plaintiff's Lawyers Alyea, Michelle A. (Illinois)
PN-IL-0015-9000
Brigham, Phillip Aaron (Illinois)
PN-IL-0015-9000
Combs, Cathleen M. (Illinois)
PN-IL-0015-0002 | PN-IL-0015-9000
DeCaro, Dennis J. (Illinois)
PN-IL-0015-0001 | PN-IL-0015-9000
Edelman, Daniel A. (Illinois)
PN-IL-0015-0002 | PN-IL-0015-9000
Epstein, Jason R. (Illinois)
PN-IL-0015-9000
Erickson, Jon F. (Illinois)
PN-IL-0015-9000
Gelsomino, Sarah Jeanette (Illinois)
PN-IL-0015-0003
Kamin, Scott T. (Illinois)
PN-IL-0015-9000
Latturner, James O. (Illinois)
PN-IL-0015-0002 | PN-IL-0015-9000
Maisuria, Ronak P. (Illinois)
PN-IL-0015-9000
Miller, Cassandra P. (Illinois)
PN-IL-0015-0002 | PN-IL-0015-9000
Ohri, Shubra (Illinois)
PN-IL-0015-0003
Oppenheimer, Michael D. (Illinois)
PN-IL-0015-9000
Taylor, Flint Jr (Illinois)
PN-IL-0015-9000
Taylor, G. Flint (Illinois)
PN-IL-0015-0003
Defendant's Lawyers Cazares, Jorge V. (Illinois)
PN-IL-0015-9000
Cifonelli, Jonathan Booker (Illinois)
PN-IL-0015-9000
Dixon, Matthew P. (Illinois)
PN-IL-0015-9000
Doi, Kathryn M. (Illinois)
PN-IL-0015-9000
Gowin, Lindsay Wilson (Illinois)
PN-IL-0015-9000
Jones, Walter Jr. (Illinois)
PN-IL-0015-9000
Marx, Jason Michael (Illinois)
PN-IL-0015-9000
Shoffner, Robin Denise (Illinois)
PN-IL-0015-9000
Steiner, Rachel C. (Illinois)
PN-IL-0015-9000
Other Lawyers None on record

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