Amor v. John Reid & Associates, Inc.

CourtDistrict Court, N.D. Illinois
DecidedMarch 4, 2021
Docket1:20-cv-01444
StatusUnknown

This text of Amor v. John Reid & Associates, Inc. (Amor v. John Reid & Associates, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amor v. John Reid & Associates, Inc., (N.D. Ill. 2021).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

WILLIAM AMOR, ) ) Plaintiff, ) ) No. 20 C 1444 v. ) ) Judge John Z. Lee JOHN REID & ASSOCIATES, ) MICHAEL MASOKAS, THE ESTATE ) OF ARTHUR T. NEWEY, and ) UNKNOWN EMPLOYEES OF JOHN ) REID & ASSOCIATES, ) ) Defendants. )

MEMORANDUM OPINION AND ORDER William Amor has sued John Reid & Associates (“JR&A”), an interview and interrogation consulting firm that contracts with the Naperville Police Department (“NPD”), as well as JR&A’s employees, Michael Masokas and the Estate of Arthur Newey (collectively, “Defendants”), alleging violations of 42 U.S.C. § 1983 and Illinois law. Amor’s claims stem from his treatment in 1995, when he was arrested, charged, and falsely convicted of arson and murder. After his mother-in-law tragically died in a fire at Amor’s home, the NPD detained Amor and brought him to Defendants for polygraph testing and interrogation. Amor contends that Defendants’ interrogation tactics violated his constitutional rights and resulted in his false confession—which in turn led to his wrongful conviction and the over twenty years he spent in prison for a crime he did not commit. Amor has moved this Court to appoint and substitute a special representative for Newey, who is deceased; Masokas opposes this motion.1 For their part, Masokas and JR&A have each moved to dismiss Amor’s complaint

in its entirety. For the following reasons, Amor’s motion is granted, Masokas’s motion to dismiss is denied, and JR&A’s motion to dismiss is granted. I. Background2 On September 10, 1995, Amor and his wife were out when Amor’s mother- in-law called 911 to report a fire in the apartment that the three of them shared in Naperville. Compl. ¶¶ 11–14, ECF No. 1. Although the Naperville Fire Department arrived and began rescue efforts, Amor’s mother-in-law died as a

result of smoke inhalation. Id. ¶ 13. Amor learned of his mother-in-law’s death when he and his wife arrived home at 11:00 p.m. that night. Id. ¶ 14. At that point, NPD employees began questioning Amor as a suspect in the supposed arson. Id. ¶ 15. Amor repeatedly denied setting the fire. Id. ¶ 16. Five days later, Amor was arrested on outstanding warrants for unrelated traffic offenses, and he was questioned once again about the fire. Id. ¶¶ 17–18. He was

detained on the unrelated warrants for eighteen days, and when he was released on October 3, 1995, employees of the NPD confronted Amor outside the jail and transported him in a locked police car to the offices of JR&A. Id. ¶ 20.

1 JR&A takes no position on Plaintiff’s motion. 2 The Court “accept[s] as true all well-pleaded facts alleged” in reviewing a motion to dismiss. See Tamayo v. Blagojevich, 526 F.3d 1074, 1081 (7th Cir. 2008). At JR&A, Masokas and Newey administered multiple rounds of polygraph testing to Amor over the course of several hours. Id. ¶ 21. After the polygraph testing, Defendants continued to question Amor with the cooperation and

involvement of the NPD until 11:30 p.m. Id. ¶¶ 22–23. Throughout Defendants’ questioning, Amor maintained his innocence. Id. ¶ 24. At 11:30 p.m., Amor was transported to the NPD for further interrogation. Id. ¶ 23. Ultimately, in the early morning hours of October 4, 1995, NPD employees took recorded statements allegedly made by Amor suggesting that he had intentionally started the fire by knocking a lit cigarette onto a newspaper that he had doused with vodka. Id. ¶¶ 25–26. On the basis of this purported confession,

Amor was detained pending trial, charged, and later convicted of first-degree murder and aggravated arson. Id. ¶¶ 38–41. The confession and other inculpatory statements were attributed to Amor by Masokas, Newey and employees of the NPD. Id. ¶ 40. In 2017, after Amor had been incarcerated for over twenty years, the Circuit Court of DuPage County vacated Amor’s convictions, finding that the way in which

Amor had “confessed” to setting the fire was “scientifically impossible.” Id. ¶ 44. On February 21, 2018, Amor was acquitted after a retrial. Id. ¶ 46. This action followed. In it, Amor alleges that Masokas and Newey each “threaten[ed] and abus[ed] [him] in an attempt to extract inculpatory statements from him.” Id. ¶ 34. Amor states that they also “falsely told [him] that he flunked a polygraph examination,” id. ¶ 1, even though they each “knew that [he] had not failed a polygraph exam administered by them, and that any confession he gave was not the result of being confronted with the results of a failed polygraph and choosing to come clean as a result,” id. ¶ 35.

Moreover, Amor contends that Masokas and Newey both “knew that any inculpatory statement by [him] was fabricated, and that [he] only gave the statements as a result of the physical and mental coercion to which they participated in subjecting him.” Id. ¶ 35. Masokas and Newey also allegedly “memorialized a false account of their interrogation of [Amor], which was used to support the charges against [him] and deny him a trial.” Id. ¶ 36. Masokas and Newey did this, Amor claims, because they had decided to conspire with members

of the NPD to “falsely implicate [him] by any means necessary,” despite the “lack of any credible information suggesting that [Amor] was involved in setting the fire.” Id. ¶¶ 30–31. Based upon these factual allegations, Amor has filed a nine-count complaint asserting a claim under 42 U.S.C. § 1983 for violations of his constitutional rights, as well as several state law claims brought pursuant to this Court’s supplemental

jurisdiction, see 28 U.S.C. § 1367(a). II. Amor’s Motion to Appoint and Substitute a Special Representative Because Newey died several years ago, Amor has moved to appoint and substitute a special representative for his estate. Amor’s motion is governed by Rule 17, which states that, for parties who are not live individuals or corporations, the party’s “[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located”—here, Illinois. Fed. R. Civ. P. 17(b)(3); see also Deleon- Reyes v. Guevara, No. 18-CV-01028, 2019 WL 1200348, at *1–2 (N.D. Ill. Mar. 14, 2019) (citing Stewart v. Special Adm’r of Estate of Mesrobian, 559 F. App’x 543,

548–49 (7th Cir. 2014)). Illinois state law, in turn, provides that “[i]f a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives,”3 and if the action “is not otherwise barred,” the court may “appoint a special representative for the deceased party for the purposes of defending the action” if no estate has already been opened. 735 Ill. Comp. Stat. 5/13-209(b)(2).4 The parties do not dispute that Amor has followed the correct procedure, nor do they

dispute that there is no open probate estate for Newey. See Def. Masokas’s Mem. Opp’n. Pl.’s Mot. Appoint & Substitute Special Representative (“Masokas’s Opp’n.”) at 2, ECF No. 26. Instead, Masokas opposes the appointment of a special representative for Newey because he claims that the suit is “otherwise barred” by the statute of limitations. A two-year statute of limitations governs Amor’s claims. See 735 Ill.

Comp. Stat. 5/13-202 (providing a two-year statute of limitations period for malicious prosecution and personal injury torts); Ray v. Maher, 662 F.3d 770, 773

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