Davis v. City of Chicago

162 F. Supp. 3d 726, 2016 U.S. Dist. LEXIS 16638, 2016 WL 521069
CourtDistrict Court, N.D. Illinois
DecidedFebruary 10, 2016
Docket15 C 7771
StatusPublished
Cited by1 cases

This text of 162 F. Supp. 3d 726 (Davis v. City of Chicago) 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
Davis v. City of Chicago, 162 F. Supp. 3d 726, 2016 U.S. Dist. LEXIS 16638, 2016 WL 521069 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION

CHARLES P. KOCORAS, District Judge:

This matter comes before the Court on Defendants City of Chicago, Scott Ando (“Defendant Ando”), and Steven Mitchell’s (“Defendant Mitchell”) (collectively, “Defendants”) motion to dismiss Plaintiff Lorenzo Davis’ (“Davis”) Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the motion to dismiss is granted.

BACKGROUND

For the purposes of the instant motion, the following well-pleaded allegations derived from Davis’ Complaint are accepted as true. The Court draws all reasonable inferences in favor of Davis. See Tamayo v. Blagojevich, 526 F.3d 1074, 1081 (7th Cir.2008).

The City of Chicago’s Independent Police Review Authority (“IPRA”) hired Davis in 2008, four years after he retired from the Chicago Police Department. (Dkt.l at ¶¶ 24-25). The IPRA, “an independent agency of the City of Chicago,” conducts “objective, thorough investiga[730]*730tions” of alleged police misconduct. (Id. at ¶¶ 9, 22). Initially, Davis worked as an IPRA Investigator. (Id. at ¶ 25). In 2010, he was promoted to the position of Supervisor. Id. As an IPRA Investigator, Davis conducted interviews with “complainants, witnesses, accused and witness officers,” reviewed all forms of evidence, and created reports and memoranda based on the interviews he conducted and the evidence he reviewed. (Id. at ¶¶ 14-15): At the conclusion of an investigation, Davis provided a finding regarding the alleged police misconduct. (Id. ¶ 16). If an IPRA Investigator concludes that an allegation of police misconduct should be “sustained,” the IPRA then makes a recommendation to “the Superintendent of police as to what discipline should be imposed.” (Id. at ¶ 17). The ultimate finding, based on an IPRA investigation, is reported to the public. (Id. at ¶ 23).

Defendant Ando served as the First Deputy Chief Administrator of the IPRA before he became the Chief Administrator in February of 2014. (Id. at ¶ 27). Davis asserts that he received good performance reviews while he worked for the IPRA until his final review. (Id. at ¶ 28). According to Davis, “[b]etween 2014 and 2015, Defendants Ando and Mitchell began ordering [him] to change sustained findings of police misconduct on at least six (6) different cases.” (Id. at ¶ 30). Additionally, Davis claims that, during this same time period, Defendants Ando and Mitchell ordered him “to change the content of his investigative reports to more favorably reflect upon the accused officer’s conduct.” (Id. at ¶ 31). Davis alleges that as a result of his refusal to change his findings, Defendant Ando threatened to fire him and/or make disciplinary recommendations. (Id. at page 5). Despite these alleged threats, Davis still refused to change his findings. Id. Subsequently, Defendants Ando and Mitchell requested that Davis send them copies of his reports in order. for them to supposedly make the changes that Davis refused to make. (Id. at page 6). Then, in March of 2015, Defendant Ando implemented a new IPRA policy whereby all “ ‘sustained’ findings of misconduct and disciplinary recommendations by Investigators” had to be approved by Defendant Ando. Id. Additionally, if an Investigator refused to make changes, as requested by Defendant Ando, “the Investigator would be subject to discipline for insubordination.” (Id. at ¶ 37).

In April of 2015, after this new policy was implemented, Davis claims that Defendant Ando again ordered him “to change is ‘sustained’ findings on a fatal shooting case.” (Id. at ¶ 38). Davis again refused to change his findings and a few months later, in July of 2015, Davis was fired. (Id. at ¶ 39). Davis asserts that he was fired as a result of his refusal to change his investigatory findings. Id. After being fired, Davis “spoke with several news reporters about why he was fired.” (Id. at ¶ 40). According to Davis, Defendant Ando responded stating, “[Davis’] version of events was false, and that ‘no person at the IPRA has ever been asked to change their findings.’ ” (Id. at ¶ 41). Davis claims that Defendant .Ando’s statements publically harmed his reputation and his integrity as a public servant, and that these statements amounted to falsely accusing Davis of lying to the public. (Id. at ¶ 42). Davis subsequently filed the instant lawsuit alleging that Defendants violated his First Amendment Rights (“Count I”) and his Fourteenth Amendment Right to Due Process (“Count II”). Additionally, Davis’ Complaint alleges two state law claims: one claim for violation of the Illinois Whistle-blower Act, (“Count III”), and one claim for common law retaliatory discharge (“Count IV”).

LEGAL STANDARD

A motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (“Rule [731]*73112(b)(6)”) “tests the sufficiency of the complaint, not the merits of the case.” McReynolds v. Merrill Lynch & Co., 694 F.3d 873, 878 (7th Cir.2012). The allegations in a complaint must set forth a “short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). A plaintiff need not provide detailed factual allegations but must provide enough factual support to raise his right to relief above a speculative level. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). A claim must be facially plausible, meaning that the pleadings must “allow[ ] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). The claims must be described “in sufficient detail to give the defendant ‘fair notice of what the... claim is and the grounds upon which it rests.’ ” E.E.O.C. v. Concentra Health Servs., Inc., 496 F.3d 773, 776 (7th Cir.2007) (quoting Twombly, 550 U.S. at 555, 127 S.Ct. 1955). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements,” are insufficient to withstand a motion to dismiss under Rule 12(b)(6). Iqbal, 556 U.S. at 678, 129 S.Ct. 1937.

DISCUSSION

I. First Amendment Retaliation Claim

“To establish a claim for retaliation in violation of the First Amendment, a public employee must prove that: (1) his speech was constitutionally protected, (2) he has suffered a deprivation likely to deter speech, and (3) his speech was at least a motivating factor in the employer’s action.” Swetlik v. Crawford, 738 F.3d 818, 825 (7th Cir.2013). The first step in the analysis requires the Court to determine whether Davis’ speech is constitutionally protected. Such an inquiry is “a question of law to be decided by the court.” See Volkman v. Ryker, 736 F.3d 1084, 1089 (7th Cir.2013); see also Kubiak v. City of Chi.,

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162 F. Supp. 3d 726, 2016 U.S. Dist. LEXIS 16638, 2016 WL 521069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-city-of-chicago-ilnd-2016.