A motorcyclist filed this case in state court against the city of Elgin, Illinois, and three other municipalities, and eight individual police officers for damages resulting when he was allegedly run off the road by a squad car, strip searched, and then unlawfully imprisoned.
The trial ...
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A motorcyclist filed this case in state court against the city of Elgin, Illinois, and three other municipalities, and eight individual police officers for damages resulting when he was allegedly run off the road by a squad car, strip searched, and then unlawfully imprisoned.
The trial judge (John S. Petersen, J., Circuit Court, Kane County) dismissed the complaint for failure to state a claim, but gave no grounds, though he stated (incorrectly)in open court that the question of police officer immunity had not been decided, and that the plaintiff should take his case to a higher court.
On appeal, the Appellate Court of Illinois, Second district, Second Division, (Judges Rechenmacher, Moran and Dixon) reversed and remanded with instructions that the case be reassigned to a different judge. Newell v. City of Elgin, 34 Ill. App.3d 719 (Appellate Court of Illinois, Second District, Second Division, 1976).
We have no further information about this case.
Denise Heberle - 03/22/2012
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