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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 U.S. 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. Represented by a ... 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 U.S. 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. Represented by a private firm, the plaintiff 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. He alleged that they subjected him to secret arrest and excessive force, tortured and sodomized him, and prevented from calling an attorney. The plaintiff claimed that after being questioned and detained without being able to contact an attorney, he was taken to Homan Square, a police warehouse that was not a normal police station, where he was threatened and tortured.

On September 2, 2015, the court (Magistrate Judge Mary M. Rowland) granted the plaintiff's motion to file a second amended complaint. 2015 WL 5163165. On October 5, 2015, the plaintiff filed a second amended complaint that included additional plaintiffs and a request for class certification. The plaintiffs asked for injunctive and declaratory relief in addition to monetary damages, bringing the same claims as the original complaint: they alleged that they had been subjected to unconstitutional police practices at Homan square. The class members claimed 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. The plaintiffs alleged that the Chicago Police Department used Homan Square to hold citizens “incommunicado”—that is, without the formal processing procedures or acknowledgment of the detention—so that police could interrogate citizens and coerce them to cooperate with investigations. The class plaintiffs brought a § 1983 "secret arrest" class claim for alleged policies and practices—including secretly detaining citizens at places like Homan Square, interrogating citizens without advising them of their Miranda rights, attempting to coerce false confessions, denying contact with attorneys or family, and refusing access to food, water, and restrooms—that violated the First and Fourth Amendments. Two of the new named plaintiffs brought a claim for deprivations of adequate accommodations, alleging policies and practices of detaining citizens overnight without providing them minimally adequate accommodations for sleeping. The second amended complaint also included individual claims for excessive force, failure to intervene in excessive force, state law claims, and an indemnification claim against the City.

On January 16, 2016, Magistrate Judge Rowland granted the discovery motion from the plaintiffs to inspect the Homan Square facilities where the detainees were kept. This area included detainee cells, bathrooms, bullpen holding cells and interview/interrogation rooms. The plaintiff was 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 viable claim. 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.

On August 26, 2016, Judge Rowland granted the City's motion to dismiss as to some of the named plaintiffs' claims, finding them time barred or failing to state a claim upon which relief could be granted. 2016 WL 4493425. On February 1, 2017, the plaintiffs filed a third amended complaint with three named plaintiffs, which asserted the same substantive claims seeking to reform the procedures that allowed police to hold arrestees "incommunicado" and in inhumane conditions in order to "squeeze" information out of them.

The parties engaged in consolidated discovery in this case and Mann v. Ramaglia for the next year and a half. On September 8, 2017, Judge Rowland granted the plaintiffs' request to include Chicago Mayor Rahm Emanuel and members of his staff in the City's email search. 2017 WL 3970592.

Following a July 17, 2018 status hearing, the court reported that the plaintiffs had submitted a settlement demand to the defendants. The parties agreed at an August 28, 2018 status hearing that a settlement conference could be productive, but it was unclear whether one of the named plaintiffs would participate, which the City and the court agreed would render settlement unproductive. At a September 28, 2018 status hearing, it was established that the named plaintiff would participate in a settlement conference tentatively set for November 4, 2018. As of October 14, 2018, the parties are moving toward a settlement conference but are reportedly at odds over whether this will be a class-wide or individual settlement.

Kat Brausch - 04/03/2016
Sarah McDonald - 10/14/2018


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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
Conditions of confinement
Excessive force
Over/Unlawful Detention
Pattern or Practice
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
State law
Defendant(s) City of Chicago
Plaintiff Description Individuals who had been secretly detained by the Chicago Police Department at the police warehouse at Homan Square
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filing Year 2013
Case Ongoing Yes
Case Listing PN-IL-0012 : Mann v. Ramaglia (N.D. Ill.)
Docket(s)
1:13−cv−04531 (N.D. Ill.)
PN-IL-0015-9000.pdf | Detail
Date: 10/11/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PN-IL-0015-0001.pdf | Detail
Date: 06/20/2013
Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint [ECF# 132]
PN-IL-0015-0002.pdf | Detail
Date: 10/05/2015
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Intervention, Reassignment or Consolidation of Related Cases [ECF# 166]
PN-IL-0015-0003.pdf | Detail
Date: 02/15/2016
Source: PACER [Public Access to Court Electronic Records]
Memorandum Order and Order [ECF# 186] (N.D. Ill.)
PN-IL-0015-0005.pdf | Detail
Date: 08/26/2016
Source: PACER [Public Access to Court Electronic Records]
Third Amended Complaint [ECF# 202]
PN-IL-0015-0006.pdf | Detail
Date: 02/01/2017
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-0015-0005 | PN-IL-0015-9000
Rowland, Mary M. Court not on record
PN-IL-0015-9000
Plaintiff's Lawyers Alyea, Michelle A. (Illinois)
PN-IL-0015-9000
Brigham, Phillip Aaron (Illinois)
PN-IL-0015-9000
Coleman, Khara Aisha Ashanti (Illinois)
PN-IL-0015-9000
Combs, Cathleen M. (Illinois)
PN-IL-0015-0002 | PN-IL-0015-0006 | 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-0015-0006 | 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
Hill, Anthony William (Illinois)
PN-IL-0015-9000
Kamin, Scott T. (Illinois)
PN-IL-0015-9000
Latturner, James O. (Illinois)
PN-IL-0015-0002 | PN-IL-0015-0006 | PN-IL-0015-9000
Maisuria, Ronak P. (Illinois)
PN-IL-0015-9000
Miller, Cassandra P. (Illinois)
PN-IL-0015-0002 | PN-IL-0015-0006 | PN-IL-0015-9000
Ohri, Shubra (Illinois)
PN-IL-0015-0003
Oppenheimer, Michael D. (Illinois)
PN-IL-0015-9000
Taylor, G. Flint (Illinois)
PN-IL-0015-0003
Taylor, Flint Jr (Illinois)
PN-IL-0015-9000
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

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