On September 27, 1973, a motorcyclist was allegedly run off the road by a squad car, strip searched, and then unlawfully imprisoned. He filed this case in state court against the city of Elgin, Illinois, and three other municipalities, and eight individual police officers for damages.

The state trial judge (John S. Petersen, J., Circuit Court, Kane County) dismissed the complaint for failure to state a claim, but gave no grounds. However, 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. Plaintiff appealed.

On appeal, the Appellate Court of Illinois, Second district, Second Division, (Judges Rechenmacher, Moran and Dixon) reversed and remanded. Newell v. City of Elgin, 34 Ill. App.3d 719 (Appellate Court of Illinois, Second District, Second Division, 1976). Relying on Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), the court stated that the plaintiff had alleged facts which amounted to willful and wanton negligence of the police officers. The court also held that while the eight individual defendants may be subject to exemplary damages, the four municipalities named as defendants would not be, as the limit of their potential liability would be actual damages. Finally, the court instructed that in consideration of the trial judge's statements, the case be reassigned to a different judge.

We have no further information about this case.

Denise Heberle - 03/22/2012
Richard Jolly - 10/25/2014


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