Case: Chavez v. Illinois State Police

1:94-cv-05307 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 30, 1994

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On August 30, 1994, Peso Chavez, a Hispanic private investigator and New Mexico resident, filed a class action suit in the U.S. District Court for the Northern District of Illinois, pursuant to 42 U.S.C. § 1983, for alleged unconstitutional racial profiling by the Illinois State Police [ISP]. Chavez was represented by attorneys from the Roger Baldwin Foundation of ACLU, Inc. Defendants included the ISP; individual troopers; and supervisory officials, including those that headed "Operation Valk…

On August 30, 1994, Peso Chavez, a Hispanic private investigator and New Mexico resident, filed a class action suit in the U.S. District Court for the Northern District of Illinois, pursuant to 42 U.S.C. § 1983, for alleged unconstitutional racial profiling by the Illinois State Police [ISP]. Chavez was represented by attorneys from the Roger Baldwin Foundation of ACLU, Inc. Defendants included the ISP; individual troopers; and supervisory officials, including those that headed "Operation Valkyrie," a drug interdiction program. Chavez claimed that the officers of the Operation Valkyrie unit had a practice of stopping, detaining, and searching African-American and Hispanic motorists based on their race and without legally sufficient cause or justification. Chavez's own detention arose when he was retained by a criminal defense attorney to drive through Illinois in an attempt to recreate the circumstances leading to the drug stop and arrest of the attorney's client. See People v. Koutsakis, 272 Ill.App.3d 159, 208 Ill.Dec. 549, 649 N.E.2d 605 (Ill.App.3d Dist. 1995).

Subsequent to the filing of the action, Gregory Lee, Anthony W. Thomas and Linda Thomas, African-Americans, and Joseph Gomez, a Hispanic, joined the action as plaintiffs. Plaintiffs were represented by attorneys from the ACLU.

The five-year procedural history of this litigation is somewhat complicated as reflected by the PACER docket. Plaintiffs were granted leave to amend the complaint numerous times and parties and claims were added and dismissed. Plaintiffs' legal claims alleged violations of: the Equal Protection Clause of the Fourteenth Amendment; the right to travel provided by the Privileges and Immunities Clauses of Article IV and the Fourteenth Amendment; the Fourth Amendment; Title VI of the Civil Rights Act of 1964; and various supplemental state law provisions. Plaintiffs sought damages and injunctive and declaratory relief.

Through a series of rulings during the five-year litigation, the District Court (Judge Blanche M. Manning) analyzed the legal merits of the various claims. On February 13, 1996, the District Court dismissed the right to travel claim and conspiracy claims. Chavez v. Ill. State Police, 1996 WL 66136 (N.D.Ill. Feb. 13, 1996).

On November 5, 1998, the District Court granted defendants' motions for summary judgment on the equal protection claim, holding that the statistical evidence proffered by plaintiffs was insufficient to show that similarly situated persons of varying races were treated differently by the ISP. As Plaintiffs' request for class certification was based on the equal protection claim, class certification was denied. The District Court also found that the plaintiffs' individual claims would not support an award of injunctive relief. Chavez v. Ill. State Police, 27 F.Supp.2d 1053 (N.D.Ill.1998).

On July 15, 1999, the District Court denied the motion to add Christopher Jimenz as a new plaintiff. Chavez v. Illinois State Police, No. 94 C 5307, 1999 WL 515483 (N.D.Ill. July 15, 1999).

On August 2, 1999, the District Court denied plaintiffs' motions for reinstatement of their claim for prospective relief under Title VI and for class certification of a class of Hispanic motorists with respect to the Title VI claim. Chavez v. Illinois State Police, 1999 WL 592187 (N.D.Ill. Aug. 2, 1999).

Thereafter, plaintiffs' counsel moved to voluntarily dismiss the remaining claims with prejudice, so they could pursue an immediate appeal. The District Court advised plaintiffs that such dismissal would result in reasonable costs being taxed against plaintiffs. Chavez v. Illinois State Police, 1999 WL 754681 (N.D.Ill. Sept. 9, 1999). Plaintiffs' dismissed the remaining claims and the Court awarded costs in the amount of $22,800.72 to defendants. Plaintiffs filed a notice of appeal on October 15, 1999.

Plaintiffs then moved for reconsideration of the taxing order, which was denied by the District Court. Chavez v. Ill. State Police, 2000 WL 91918 (N.D.Ill. Jan. 19, 2000). Plaintiffs filed a second notice of appeal, seeking review of the taxing order.

The Seventh Circuit Court of Appeals affirmed on all issues. Chavez v. Ill. State Police, 251 F.3d 612 (7th Cir. 2001). Of particular note, the Court of Appeals (Justice Michel S. Kanne) held that while statistical proof could be sufficient to establish the discriminatory effect element of the equal protection claim, the statistical evidence offered by the plaintiffs was neither relevant nor reliable and was therefore insufficient as a matter of law.

Summary Authors

Dan Dalton (1/9/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10806758/parties/chavez-v-il-st-police/


Judge(s)

Bauer, William Joseph (Illinois)

Attorney for Plaintiff

Auerbach, Nicole Nehama (Illinois)

Baum, Jonathan Klee (Illinois)

Attorney for Defendant

Andalman, Robert M. (Illinois)

Expert/Monitor/Master/Other

Barker, William T. (Illinois)

show all people

Documents in the Clearinghouse

Document

1:94-cv-05307

Docket (PACER)

July 19, 2001

July 19, 2001

Docket
89

1:94-cv-05307

Memorandum and Order [Granting Motion for a Protective Order]

Feb. 12, 1996

Feb. 12, 1996

Order/Opinion

1996 WL 1996

91

1:94-cv-05307

Memorandum and Order

Feb. 13, 1996

Feb. 13, 1996

Order/Opinion

1996 WL 1996

280

1:94-cv-05307

Report and Recommendation of Magistrate Judge Edward A. Brobick

July 10, 1997

July 10, 1997

Order/Opinion

1997 U.S.Dist.LEXIS 1997

341

1:94-cv-05307

Report and Recommendation of Magistrate Judge Edward A. Brobick

March 17, 1998

March 17, 1998

Order/Opinion

1998 U.S.Dist.LEXIS 1998

376

1:94-cv-05307

Memorandum Opinion and Order

Nov. 5, 1998

Nov. 5, 1998

Order/Opinion

27 F.Supp.2d 27

1:94-cv-05307

Expert Report of Jim Ginger

Jan. 7, 1999

Jan. 7, 1999

Monitor/Expert/Receiver Report

1:94-cv-05307

Expert Report of Lou Reiter, with Exhibit 1

Feb. 6, 1999

Feb. 6, 1999

Monitor/Expert/Receiver Report

1:94-cv-05307

Expert Report of Martin M. Shapiro with Exhibits 1-8

Feb. 15, 1999

Feb. 15, 1999

Monitor/Expert/Receiver Report
462

94-05037

Report and Recommendation

June 4, 1999

June 4, 1999

Order/Opinion

1999 WL 1999

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10806758/chavez-v-il-st-police/

Last updated Feb. 20, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - Civil cover sheet - Appearance(s) of Harvey Michael Grossman, Jane M. Whicher as attorney(s) for plaintiff Peso Chavez with Rule 39 affidavits ( no summons(es) issued.) ( Documents: 1-1 through 1-5) (cdh) (Entered: 08/31/1994)

Aug. 30, 1994

Aug. 30, 1994

PACER
2

CONTINGENCY FEE AGREEMENT (Not available in public case file). (cdh) (Entered: 08/31/1994)

Aug. 30, 1994

Aug. 30, 1994

PACER

RECEIPT regarding payment of filing fee paid; on 8/30/94 in the amount of $ 120.00, receipt # 441133. (cdh)

Aug. 30, 1994

Aug. 30, 1994

PACER
3

MINUTE ORDER of 9/15/94 by Hon. William T. Hart : Status hearing set for 10/5/94 at 9:15 am. Mailed notice (cdh) (Entered: 09/16/1994)

Sept. 15, 1994

Sept. 15, 1994

PACER
4

ATTORNEY APPEARANCE for defendant by Roger Philip Flahaven, Iain D. Johnston (cdh) (Entered: 10/05/1994)

Sept. 30, 1994

Sept. 30, 1994

PACER
5

MOTION by Peso Chavez for leave to file additional appearance ; Notice of motion. (Original docket date of 10/06/94.) (maf) (Entered: 10/13/1994)

Oct. 5, 1994

Oct. 5, 1994

PACER
6

MINUTE ORDER of 10/5/94 by Hon. William T. Hart : Status hearing held. Granting plaintiff's motion for leave to file appearance of additional counsel Ted S. Helwig and Jonathan Baum of Katten Muchin & Zavis [5-1]. Parties notified in open court that this case will be transferred by Executive Committee Order to the calendar of Judge-Designate Blanche M. Manning on 10/18/94. (Orig. dkt. date of 10/06/94.) Mailed notice (maf) (Entered: 10/13/1994)

Oct. 5, 1994

Oct. 5, 1994

PACER
7

ATTORNEY APPEARANCE for plaintiff Peso Chavez by Ted S. Helwig, Jonathan Klee Baum (cdh) (Entered: 10/18/1994)

Oct. 7, 1994

Oct. 7, 1994

PACER
8

RULE 39 Affidavit of Ted S. Helwig (cdh) (Entered: 10/18/1994)

Oct. 7, 1994

Oct. 7, 1994

PACER
9

RULE 39 Affidavit of Jonathan Klee Baum (cdh) (Entered: 10/18/1994)

Oct. 7, 1994

Oct. 7, 1994

PACER
10

MINUTE ORDER of 10/17/94 by Hon. William T. Hart : Parties notified that this case is being transferred by Executive Committee Order to the calendar of Hon. Judge Blanche M. Manning on 10/18/94. Mailed notice (cdh) (Entered: 10/18/1994)

Oct. 17, 1994

Oct. 17, 1994

PACER

EXECUTIVE committee order of 10/18/94 Case reassigned to Hon. Blanche M. Manning (fce)

Oct. 18, 1994

Oct. 18, 1994

PACER
11

ANSWER to the complaint by defendant; jury demand; Notice of filing. (cdh) (Entered: 11/01/1994)

Oct. 31, 1994

Oct. 31, 1994

PACER
12

MEMORANDUM of law by defendants' in support of defendants' motion to strike and dismiss; Notice of filing. (cdh) (Entered: 11/04/1994)

Nov. 3, 1994

Nov. 3, 1994

PACER
13

MOTION by defendants' to strike and to dismiss portions of plaintiff's complaint (Attachments); Notice of motion. (cdh) (Entered: 11/10/1994)

Nov. 3, 1994

Nov. 3, 1994

PACER
14

MINUTE ORDER of 11/8/94 by Hon. Blanche M. Manning : Brief in support of motion to strike [13-1] and motion to dismiss portions of plaintiff's complaint [13-2] due 11/3/94. Answer brief to motion due 12/3/94. Reply to answer brief due 12/17/94. Ruling by mail. Enter order nunc pro tunc 11/3/94. Mailed notice (cdh) (Entered: 11/10/1994)

Nov. 8, 1994

Nov. 8, 1994

PACER
15

MEMORANDUM by plaintiff Peso Chavez in opposition to defendants' motion to strike [13-1], motion to dismiss portions of plaintiff's complaint [13-2] (Attachments); Notice of filing. (cdh) (Entered: 12/07/1994)

Dec. 6, 1994

Dec. 6, 1994

PACER
16

MOTION by plaintiff Peso Chavez for leave to file memorandum in excess of 15 pages ; Notice of motion. (cdh) (Entered: 12/07/1994)

Dec. 6, 1994

Dec. 6, 1994

PACER
17

MINUTE ORDER of 12/6/94 by Hon. Blanche M. Manning : Granting plaintiff's motion for leave to file brief in excess of 15 pages [16-1] Telephone notice (cdh) (Entered: 12/07/1994)

Dec. 6, 1994

Dec. 6, 1994

PACER
18

REPLY by defendants to plaintiff's memorandum in opposition to defendants' motion to strike [13-1], motion to dismiss portions of plaintiff's complaint [13-2] (Attachments); Notice of filing. (fce) (Entered: 12/20/1994)

Dec. 19, 1994

Dec. 19, 1994

PACER
19

MOTION by defendants for leave to file brief in excess of 15 pages ; Notice of motion. (fce) (Entered: 12/21/1994)

Dec. 20, 1994

Dec. 20, 1994

PACER
20

MINUTE ORDER of 12/20/94 by Hon. Blanche M. Manning : Granting defendants' motion for leave to file brief in excess of 15 pages [19-1] Mailed notice (fce) (Entered: 12/21/1994)

Dec. 20, 1994

Dec. 20, 1994

PACER
21

RETAINER AGREEMENT - Linda Thomas (not available in pubic case file). (cdh) (Entered: 02/17/1995)

Feb. 16, 1995

Feb. 16, 1995

PACER
22

RETAINER AGREEMENT (Not available in case file) (cdh) (Entered: 02/17/1995)

Feb. 16, 1995

Feb. 16, 1995

PACER
23

RETAINER AGREEMENT (not available in public case file). (cdh) (Entered: 02/17/1995)

Feb. 16, 1995

Feb. 16, 1995

PACER
26

FIRST AMENDED CLASS ACTION COMPLAINT [1-1] by plaintiff; adding Gregory Lee, Anthony W Thomas, Linda Thomas, Robert P Cesna, Trooper Butler ; notice of filing. (cdh) Modified on 02/21/1995 (Entered: 02/21/1995)

Feb. 16, 1995

Feb. 16, 1995

PACER
24

MOTION by plaintiff Peso Chavez for leave to file first amended class action complaint instanter ; notice of motion. (cdh) (Entered: 02/21/1995)

Feb. 16, 1995

Feb. 16, 1995

PACER
25

FIRST MOTION by plaintiff Peso Chavez for leave to add parties ; notice of motion (cdh) (Entered: 02/21/1995)

Feb. 16, 1995

Feb. 16, 1995

PACER
27

MINUTE ORDER of 2/17/95 by Hon. Blanche M. Manning : Enter order nunc pro tunc as 2/16/95. Plaintiff's motion for leave to file first amended class action complaint instanter [24-1] is granted. Defendant to answer or otherwise plead on or before 3/8/95. Mailed notice (cdh) Modified on 03/01/1995 (Entered: 02/21/1995)

Feb. 17, 1995

Feb. 17, 1995

PACER
28

MINUTE ORDER of 2/17/95 by Hon. Blanche M. Manning : Enter order nunc pro tunc as 2/16/95. Plaintiff's first motion for leave to add parties [25-1] is granted. Mailed notice (cdh) Modified on 03/01/1995 (Entered: 02/21/1995)

Feb. 17, 1995

Feb. 17, 1995

PACER
29

ANSWER to the first amended class action complaint by IL St Police, Terrance W Gainer, Larry Thomas, Daniel Gillette, Craig Graham; jury demand ; notice of filing. (cdh) (Entered: 03/09/1995)

March 8, 1995

March 8, 1995

PACER
30

AGREED MOTION by defendants' for leave to file brief in excess of 15 pages ; notice of motion. (cdh) (Entered: 03/15/1995)

March 14, 1995

March 14, 1995

PACER
31

MINUTE ORDER of 3/14/95 by Hon. Blanche M. Manning : Granting defendants' agreed motion for leave to file brief in excess of 15 pages [30-1]. No notice (cdh) (Entered: 03/15/1995)

March 14, 1995

March 14, 1995

PACER
32

MOTION by IL St Police, Terrance W Gainer, Larry Thomas, Daniel Gillette, Craig Graham to strike and dismiss portions of plaintiffs' first amended class action complaint ; notice of motion. (cdh) Modified on 03/15/1995 (Entered: 03/15/1995)

March 14, 1995

March 14, 1995

PACER
33

MEMORANDUM of law by IL St Police, Terrance W Gainer, Larry Thomas, Daniel Gillette, Craig Graham in support of defendants' motion to strike [32-1] and dismiss portions of plaintiffs' first amended class action complaint [32-2] (Attachments) (cdh) (Entered: 03/15/1995)

March 14, 1995

March 14, 1995

PACER
34

MOTION by plaintiffs' for leave to file second amended class action complaint and add parties instanter ; notice of motion. (cdh) (Entered: 03/15/1995)

March 14, 1995

March 14, 1995

PACER
36

AGREED PROTECTIVE ORDER (Attachment) (cdh) (Entered: 03/15/1995)

March 14, 1995

March 14, 1995

PACER
37

MINUTE ORDER of 3/14/95 by Hon. Blanche M. Manning : Granting parties agreed motion for entry of agreed protective order instanter [35-1]. Mailed notice (cdh) (Entered: 03/15/1995)

March 14, 1995

March 14, 1995

PACER
38

MINUTE ORDER of 3/14/95 by Hon. Blanche M. Manning : Plaintiff's response to defendants' motion to strike [32-1] and dismiss portions of plaintiffs' first amended class action complaint [32-2] due 4/4/95. Defendants' reply brief due 4/25/95. Court will rule by mail. Mailed notice (cdh) (Entered: 03/15/1995)

March 14, 1995

March 14, 1995

PACER
39

MINUTE ORDER of 3/14/95 by Hon. Blanche M. Manning : Granting plaintiff's motion for leave to file second amended class action complaint [34-1], Granting plaintiff's motion add parties instanter [34-2]. No notice (cdh) (Entered: 03/15/1995)

March 14, 1995

March 14, 1995

PACER
40

SECOND AMENDED CLASS ACTION COMPLAINT by plaintiff; jury demand; adding Robert Lauterbach, Dale Fraher ; notice of filing. (cdh) (Entered: 03/15/1995)

March 14, 1995

March 14, 1995

PACER
35

AGREED MOTION by plaintiffs', defendants', for entry of agreed protective order instanter (cdh) (Entered: 03/15/1995)

March 15, 1995

March 15, 1995

PACER
41

ANSWER by IL St Police, Terrance W Gainer, Larry Thomas, Daniel Gillette, Craig Graham to the second amended class action complaint [40-1] ; notice of filing. (cdh) (Entered: 03/24/1995)

March 23, 1995

March 23, 1995

PACER
42

MOTION by plaintiffs' for extension of time and for leave to file memoranda in excess of 15 pages ; notice of motion. (cdh) (Entered: 04/04/1995)

April 3, 1995

April 3, 1995

PACER
43

MINUTE ORDER of 4/3/95 by Hon. Blanche M. Manning : Granting plaintiff's agreed motion for extension of time [42-1]. Plaintiff's memorandum in opposition to defendants' motion to strike [32-1] and dismiss portions of plaintiffs' first amended class action complaint [32-2] due by 4/25/95. Defendants' reply memorandum due by 5/16/95. Plaintiff's agreed motion to file memoranda in excess of 15 pages [42-2] is granted. Both plaintiffs and defendants given leave to file memoranda in excess of 15 pages. Mailed notice (cdh) (Entered: 04/04/1995)

April 3, 1995

April 3, 1995

PACER
44

AGREED MOTION by defendants' to file defendants' amended answer to the second amended class action complaint ; notice of motion. (cdh) (Entered: 04/04/1995)

April 3, 1995

April 3, 1995

PACER
45

MINUTE ORDER of 4/3/95 by Hon. Blanche M. Manning : Granting defendants agreed motion to file defendants' amended answer to the second amended class action complaint [44-1]. Mailed notice (cdh) (Entered: 04/04/1995)

April 3, 1995

April 3, 1995

PACER
46

ANSWER by IL St Police, Terrance W Gainer, Larry Thomas, Daniel Gillette, Craig Graham to the second amended class action complaint [40-1] ; jury demand (cdh) (Entered: 04/04/1995)

April 3, 1995

April 3, 1995

PACER
47

ATTORNEY APPEARANCE for Robert P Cesna, Trooper Butler, Dale Fraher, Robert Lauterbach by Roger Philip Flahaven and Tain D. Johnston. (cdh) (Entered: 05/05/1995)

May 4, 1995

May 4, 1995

PACER
48

ANSWER by defendants' to the second amended class action complaint ; jury demand ; notice of filing. (cdh) (Entered: 05/05/1995)

May 4, 1995

May 4, 1995

PACER
49

MOTION by plaintiffs' to file instanter memorandum in opposition to defendants' motion to strike and dismiss portions of plaintiffs' second amended class action complaint ; notice of motion. (cdh) (Entered: 05/05/1995)

May 4, 1995

May 4, 1995

PACER
50

MINUTE ORDER of 5/4/95 by Hon. Blanche M. Manning : Granting plaintiffs' motion to file instanter memorandum in opposition to defendants' motion to strike and dismiss portions of plaintiffs' second amended class action complaint [49-1] is granted. Defendants' reply brief due on or before 6/5/95. No notice (cdh) (Entered: 05/05/1995)

May 4, 1995

May 4, 1995

PACER
51

MEMORANDUM by plaintiffs' in opposition to defendants' motion to strike [32-1], motion dismiss portions of plaintiffs' first amended class action complaint [32-2] (cdh) (Entered: 05/05/1995)

May 4, 1995

May 4, 1995

PACER
52

MOTION by defendants' for leave to file reply brief in excess of 15 pages instanter ; notice of motion. (cdh) (Entered: 06/08/1995)

June 7, 1995

June 7, 1995

PACER
53

MINUTE ORDER of 6/7/95 by Hon. Blanche M. Manning : Granting defendants' agreed motion for leave to file reply brief in excess of 15 pages instanter [52-1]. Telephone notice (cdh) Modified on 06/08/1995 (Entered: 06/08/1995)

June 7, 1995

June 7, 1995

PACER
55

REPLY by defendants' to plaintiffs' memorandum in opposition to defendants' motion to strike [13-1], motion to dismiss portions of plaintiff's complaint [13-2] (Exhibits) (cdh) (Entered: 06/08/1995)

June 7, 1995

June 7, 1995

PACER
56

RESPONSE by defendants to plaintiffs' motion to expedite response to request for porduction of documents (Exhibits). (maf) (Entered: 07/19/1995)

July 19, 1995

July 19, 1995

PACER
57

NOTICE by defendants regarding response [56-1]. (maf) (Entered: 07/19/1995)

July 19, 1995

July 19, 1995

PACER
58

FOURTH REQUEST by plaintiffs for production of documents to the Illinois State Police . (maf) (Entered: 07/20/1995)

July 19, 1995

July 19, 1995

PACER
59

MOTION by plaintiffs to expedite response to request for production of documents . (maf) (Entered: 07/20/1995)

July 19, 1995

July 19, 1995

PACER
60

NOTICE by plaintiffs regarding motion to expedite response to request for production of documents [59-1] (maf) (Entered: 07/20/1995)

July 19, 1995

July 19, 1995

PACER
61

MINUTE ORDER of 7/19/95 by Hon. Blanche M. Manning : Denying plaintiffs' motion to expedite response to request for production of documents [59-1] for the reasons stated in open court. No notice (maf) (Entered: 07/20/1995)

July 19, 1995

July 19, 1995

PACER
62

RESPONSE by defendants to plaintiffs' motion to compel production of documents to the Illinois State Police [58-1]; (Exhibits) Notice of filing. (maf) (Entered: 10/04/1995)

Oct. 2, 1995

Oct. 2, 1995

PACER
63

MOTION by plaintiff to compel production of documents ; Notice of motion. (maf) (Entered: 10/05/1995)

Oct. 3, 1995

Oct. 3, 1995

PACER
64

MINUTE ORDER of 10/3/95 by Hon. Blanche M. Manning: Plaintiff's motion to compel production of documents [63-1] continued to 10/10/95 at 10:00 a.m. No notice (maf) (Entered: 10/05/1995)

Oct. 3, 1995

Oct. 3, 1995

PACER
65

MINUTE ORDER of 10/10/95 by Hon. Blanche M. Manning: Plaintiff's motion to compel [63-1] is granted in part. Parties to submit order to this court. Mailed notice (maf) (Entered: 10/11/1995)

Oct. 10, 1995

Oct. 10, 1995

PACER
66

ORDER regarding motion to compel production of documents [58-1]. (maf) (Entered: 10/23/1995)

Oct. 23, 1995

Oct. 23, 1995

PACER
67

MINUTE ORDER of 10/23/95 by Hon. Blanche M. Manning: It is hereby ordered that plaintiff's motion to compel production of documents [58-1] is granted in part. Defendants will produce by 12/04/95 copies of all documents in the facility employee files maintained in the 11 Illinois State Police district offices which have had at any time since 01/01/90 designated Valkyrie officers, which relate to completed investigations of complaints initiated from 01/01/90 to the present concerning troopers' or sergeants' treatment of motorists. Mailed notice (maf) (Entered: 10/23/1995)

Oct. 23, 1995

Oct. 23, 1995

PACER
68

REPLY by defendants to plaintiffs' October 24 letter to this court; Notice of filing. (maf) (Entered: 10/24/1995)

Oct. 24, 1995

Oct. 24, 1995

PACER
69

MOTION by defendants for a protective order ; Notice of motion. (Temporarily unavailable for docketing) (maf) (Entered: 11/06/1995)

Oct. 25, 1995

Oct. 25, 1995

PACER
70

MEMORANDUM of law by defendants in support of their motion for a protective order [69-1] (Exhibits). (Temporarily unavailable for docketing) (maf) (Entered: 11/06/1995)

Oct. 25, 1995

Oct. 25, 1995

PACER
71

MINUTE ORDER of 11/3/95 by Hon. Blanche M. Manning: Enter order nunc pro tunc as of 10/25/95. Defendants' motion for a protective order [69-1] is denied for the reasons stated in open court. Defendant to furnich information requested by plaintiff within 14 days. Fact discovery to be coompleted by 12/29/95. Mailed notice (maf) (Entered: 11/06/1995)

Nov. 3, 1995

Nov. 3, 1995

PACER
72

MOTION by plaintiffs for certification of plaintiff class ; Notice of motion. (maf) (Entered: 11/08/1995)

Nov. 7, 1995

Nov. 7, 1995

PACER
73

MEMORANDUM by plaintiffs in support of plaintiffs' motion to maintain class action [72-1]; Notice of filing. (maf) (Entered: 11/08/1995)

Nov. 7, 1995

Nov. 7, 1995

PACER
74

MINUTE ORDER of 11/7/95 by Hon. Blanche M. Manning: Answer brief to motion for certification of plaintiff class [72-1] due 12/08/95. Reply to answer brief due 11/22/95. Court will rule by mail. Mailed notice (maf) (Entered: 11/08/1995)

Nov. 7, 1995

Nov. 7, 1995

PACER
75

MOTION by plaintiffs for leave to take additional depositions, and to extend fact discovery deadline (Exhibit); Notice of motion. (fce) (Entered: 11/17/1995)

Nov. 16, 1995

Nov. 16, 1995

PACER
76

MINUTE ORDER of 11/16/95 by Hon. Blanche M. Manning : Granting plaintiffs' motion for leave to take additional depositions [75-1], and to extend fact discovery deadline [75-2] in part to the extent as stated in open court. Fact discovery to be completed by 03/31/96 . Status hearing set for 9:30 a.m. on 2/5/95. Mailed notice (fce) (Entered: 11/17/1995)

Nov. 16, 1995

Nov. 16, 1995

PACER
77

MOTION by defendants to extend the briefing schedule for motion for class certification ; Notice of motion. (maf) (Entered: 12/13/1995)

Dec. 12, 1995

Dec. 12, 1995

PACER
78

MINUTE ORDER of 12/12/95 by Hon. Blanche M. Manning: Defendants' motion to extend the briefing schedule for motion for class certification [77-1] is granted. Defendants' response to plaintiffs' motion for class certification [72-1] due by 12/22/95. Plaintiffs' reply brief due by 01/12/96. Mailed notice (maf) (Entered: 12/13/1995)

Dec. 12, 1995

Dec. 12, 1995

PACER
79

MEMORANDUM by defendants in opposition to plaintiffs' motion for class certification [72-1] (Exhibits); Notice of filing. (maf) (Entered: 12/26/1995)

Dec. 22, 1995

Dec. 22, 1995

PACER
80

MOTION by plaintiffs for protective order ; Notice of motion. (maf) (Entered: 12/29/1995)

Dec. 28, 1995

Dec. 28, 1995

PACER
81

MINUTE ORDER of 12/28/95 by Hon. Blanche M. Manning: Plaintiffs' motion for a protective order [80-1] is denied in its entirety. (See reverse of minute order.) Mailed notice (maf) (Entered: 12/29/1995)

Dec. 28, 1995

Dec. 28, 1995

PACER
82

REPLY MEMORANDUM by plaintiffs in support of motion for class certification [72-1] (Exhibits); Notice of filing. (yap) (Entered: 01/16/1996)

Jan. 12, 1996

Jan. 12, 1996

PACER
83

MOTION by plaintiffs for leave to file memorandum of law in excess of fifteen pages instanter ; Notice of motion. (maf) (Entered: 01/19/1996)

Jan. 18, 1996

Jan. 18, 1996

PACER
84

MINUTE ORDER of 1/18/96 by Hon. Blanche M. Manning : Motion for leave to file memorandum of law in excess of fifteen pages instanter [83-1] granted. No notice (maf) (Entered: 01/19/1996)

Jan. 18, 1996

Jan. 18, 1996

PACER
85

MEMORANDUM by plaintiffs in opposition to defendants' motion for protective order (Exhibits); Notice of filing. (fce) (Entered: 01/30/1996)

Jan. 29, 1996

Jan. 29, 1996

PACER
86

MOTION by defendants for a protective order regarding inadvertent disclosure of a document protected by the attorney/client privilege (Exhibits); Notice of motion. (maf) (Entered: 02/02/1996)

Jan. 30, 1996

Jan. 30, 1996

PACER
87

MEMORANDUM by plaintiffs in opposition to defendants' motion for a protective order [86-1] (Exhibits); Notice of filing. (maf) (Entered: 02/02/1996)

Jan. 30, 1996

Jan. 30, 1996

PACER
88

MINUTE ORDER of 1/30/96 by Hon. Blanche M. Manning: Status hearing reset to 02/09/96 at 9:30 a.m. Motion for a protective order regarding inadvertent disclosure of a document protected by the attorney/client privilege [86-1] taken under advisement. Ruling set for 02/29/96, at 9:30 a.m. No notice (maf) (Entered: 02/02/1996)

Jan. 30, 1996

Jan. 30, 1996

PACER
89

MEMORANDUM AND ORDER (maf) (Entered: 02/12/1996)

Feb. 9, 1996

Feb. 9, 1996

Clearinghouse
90

MINUTE ORDER of 2/9/96 by Hon. Blanche M. Manning: Enter memornadum and order. Defendant's motion for a protective order [86-1] is granted in that little prejudice befalls either party at this point. Further, plaintiffs' motion to order Kevin Each to filly answer plaintiffs' deposition questions about the content of conversations relating to the memo is denied and plaintiffs' motion to order defendants to produce documents, even if formerly privileged, which address the same subject as the Eack memorandum to plaintiffs within ten days of their motion is also denied. No notice (maf) (Entered: 02/12/1996)

Feb. 9, 1996

Feb. 9, 1996

PACER
91

MEMORANDUM AND ORDER (maf) (Entered: 02/13/1996)

Feb. 9, 1996

Feb. 9, 1996

Clearinghouse
92

MINUTE ORDER of 2/9/96 by Hon. Blanche M. Manning: Status hearing held; continued to 02/16/96 at 9:30 a.m. Enter memorandum and order. Defendant's motion to strike plaintiff's request for equitable relief [13-1] will be denied pursuant to 12(b)(1) and granted pursuant to 12(b)(6); Defendant's motion to strike plaintiff's right to travel claims [32-1] will be denied pursuant to 12(b)(1) and granted pursuant to 12(b)(6); defendant's motion to dismiss plaintiff's conspiracy claims [13-2] will be granted and defendant's motion to dismiss count II of plaintiff's complaint [32-2] will be denied for the reasons stated in the attached memorandum. Mailed notice (maf) (Entered: 02/13/1996)

Feb. 9, 1996

Feb. 9, 1996

PACER

SCHEDULE set on 2/14/96 by Hon. Blanche M. Manning : Status hearing reset to 9:30 2/23/96 . No notice (or)

Feb. 14, 1996

Feb. 14, 1996

PACER
93

MOTION by plaintiffs to extend deadline for completion of fact discovery ; Notice of motion. (maf) (Entered: 02/27/1996)

Feb. 23, 1996

Feb. 23, 1996

PACER

ORAL MOTION by plaintiffs for leave to file motion for clarification . (maf)

Feb. 23, 1996

Feb. 23, 1996

PACER
94

MINUTE ORDER of 2/23/96 by Hon. Blanche M. Manning: Status hearing held. Plaintiff's oral motion for leave to file motion for clarification [0-1] is granted. Motion is due 03/08/96. In camera inspection of personnel files of troopers who have been noticed is scheduled for 03/04/96 at 2:00 p.m. Plaintiff's motion extend deadline for completion of fact discovery [93-1] is entered and continued to 03/04/96. No notice (maf) (Entered: 02/27/1996)

Feb. 23, 1996

Feb. 23, 1996

PACER
98

ORDER (maf) (Entered: 03/20/1996)

March 4, 1996

March 4, 1996

PACER
99

MINUTE ORDER of 3/4/96 by Hon. Blanche M. Manning: Status hearing set for 04/08/96 at 9:30 a.m. Enter order. Defendant's to produce by 03/25/96 all documents in the facility employee files maintained in the Illinois State Police District Offices. Discovery cut-off is extended to and including 05/24/96. Parties are limited to 30 depositions per side, including all depositions previously taken. Briefing schedule is set on plaintiffs' motion for clarification [95-1] and for reconsideration [95-2] as follows: Plaintiffs' memorandum is due 03/08/96. Defendants' response is due on 03/18/96. Plaintifs' reply, if any, is due on 03/22/96. Defendants' motion to require plaintiffs to return an inadvertently produced document is taken under advisement. Mailed notice (maf) (Entered: 03/20/1996)

March 4, 1996

March 4, 1996

PACER
95

MOTION by plaintiff for clarification and for reconsideration ; Notice of motion. (maf) (Entered: 03/11/1996)

March 8, 1996

March 8, 1996

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Policing

Special Collection(s):

Traffic Stop Litigation

Key Dates

Filing Date: Aug. 30, 1994

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who in the past had been, and in the future would be, unlawfully stopped, detained, or searched by the ISP in accordance with their practice of improperly stopping motorists on the basis of race.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois State of Police, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Right to travel

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Racial profiling

Policing:

Traffic Stops

Discrimination-basis:

Race discrimination