Howard v. State

45 Ill. Ct. Cl. 214
CourtCourt of Claims of Illinois
DecidedMarch 15, 1993
DocketNo. 88-CC-1444
StatusPublished
Cited by6 cases

This text of 45 Ill. Ct. Cl. 214 (Howard v. State) is published on Counsel Stack Legal Research, covering Court of Claims of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Howard v. State, 45 Ill. Ct. Cl. 214 (Ill. Super. Ct. 1993).

Opinion

ORDER

Frederick, J.

This cause coming to be heard on the motion of Respondent for summary judgment, due notice having been given the parties hereto and the Court being duly advised in the premises, the Court finds:

On June 15, 1987, Officer Kuramitsu of the Illinois State Police was patrolling the northbound lanes of the Edens Expressway (Interstate Highway 94 West). At approximately 7:10 a.m., he observed a disabled vehicle on the shoulder just south of Dempster Street in the Village of Skokie and stopped to offer assistance. The Claimant, who had been driving, informed him that the automobile had overheated.

As a matter of routine police procedure, Officer Kuramitsu ran a check on the vehicles license plates and on the operators drivers license. A check operates in the following manner. The patrolman radios key information to an operator in the station house who enters the information into a computer containing information on fugitives and stolen vehicles. If the personal “identifiers” of the detainee substantially match those of a fugitive, the fugitives identifiers appear on the operators screen. The operator then sends a “hit tone” via police radio to the officer. The officer then contacts the operator to get specific information on the fugitive. After comparing the fugitives identifiers with the detainee s, the officer makes the decision whether or not to arrest the detainee.

Officer Kuramitsu received a hit tone on the driver s license check on Emily Howard. After contacting the operator, he was informed of the following:

1. That there was an outstanding warrant from the superior court in Washington, D.C., for a Denise Howard who was wanted for escaping from prison;

2. That the detainees car was not registered in her name, but in the name of Blakely Coats;

3. That the detainee had exactly the same hair and eye color as Denise Howard;

4. That detainees height and weight were almost identical to those of Denise Howard. The difference was only one inch and one pound. Detainees drivers license listed her as 5'6", 109 lbs., while the fugitive was 5'5", 110 lbs.;

5. That the fugitive had previously used an alias first name starting with the letter “E,” as in Emily;

6. That detainee had the same exact day, month and year of birth as the fugitive: June 6,1950.

Based upon the above, Officer Kuramitsu determined that the detainee might be Denise Howard and, at 7:30 a.m., arrested her to ascertain if she was indeed Denise Howard.

Arriving at the Skokie Police Station at approximately 7:40 a.m., the suspect was searched for weapons and at 8:30 a.m., fingerprints were taken and sent to Joliet to obtain a fingerprint classification. At 10:55 a.m., Officer Kuramitsu was informed by Joliet that the prints were unclassifiable. At approximately 11:10 a.m., the suspect was refingerprinted and the prints were sent to the FBI. At approximately 12:30 p.m., Officer Kuramitsu was informed that the FBI machine was not accepting the prints. At this time, Officer Kuramitsu requested the prints be sent to Joliet and simultaneously pursued other means of identifying the suspect, namely by calling her employer and by questioning the suspect, her sister and her mother. After such investigation, Officer Kuramitsu determined that the suspect was not Denise Howard and immediately released her at approximately 12:55 p.m., less than 5Vz hours after her arrest.

A motion for summaiy judgment is properly granted

“where the pleadings, exhibits, depositions and affidavits of record show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.” Lopez v. Winchell’s Donut House (1984), 126 Ill. App. 3d 46, 466 N.E.2d 1309.

In the instant matter, both parties agree on the event which occurred. The only disputed issue is the legal consequences of Officer Kuramitsus actions. Therefore, the question presented to this Court is one of law and is properly decided by this Court in a summary judgment proceeding.

False Imprisonment

False imprisonment consists of an unlawful restraint, against his will, of an individuals personal liberty or freedom of locomotion. (Dutton v. Roo Mac, Inc. (1981), 100 Ill. App. 3d 116, 426 N.E.2d 604.) False arrest is one means of committing false imprisonment. (Shemaitis v. Froemke (1955), 6 Ill. App. 2d 323, 127 N.E.2d 648; Dutton v. Roo Mac, Inc., supra.) However, even when the arrest itself is perfectly valid and legally sustainable, an unreasonable detention following the arrest can be, in and of itself, “false imprisonment.” (Luker v. Nelson (1972), 341 F. Supp. 111.) Claimants complaint alleges false imprisonment based on both false arrest and unlawful detention following an arrest. In the present matter, there is no issue of fact and movant is entitled to judgment as a matter of law on both allegations.

False Arrest

In Dutton, the court stated that “an arrest authorized by statute cannot be grounds for civil liability.” Since Officer Kuramitsu arrested the Claimant pursuant to Ill. Rev. Stat. 1987, ch. 38, par. 107 — 2(l)(b), the arrest cannot be grounds for false imprisonment.

Ill. Rev. Stat. 1987, ch. 38, par. 107 — 2(1) states that,

“A peace officer may arrest a person when ° ° 0 (b) He has reasonable grounds to believe that a warrant for the person’s arrest has been issued in this state or in another jurisdiction.”

Via police radio, Officer Kuramitsu was informed that there was an outstanding warrant for Denise Howard and reasonably believed that the Claimant could have been the fugitive based on the following information:

1) The car Claimant was driving was not registered in her name. Rather it was registered to one Blakely Coats;

2) Both Denise Howard and Claimant had black hair and brown eyes.

3) Denise Howard was five feet, five inches high, while Claimants drivers license listed her as five feet, six inches high;

4) Denise Howard weighed 110 lbs., while Claimants drivers license listed her as 109 lbs.;

5) Denise Howard had previously used an alias first name beginning with the letter “E,” as in Emily;

6) Most importantly, both Denise Howard and Claimant have exactly the same birthdate: June 6,1950.

Clearly, the above-stated similarities gave Officer Kuramitsu the statutorily required “reasonable cause” to arrest Claimant.

In addition to the above-mentioned statutory justification for the arrest, Claimants cause of action must fail by the very definition of false arrest as determined by case law.

In U. S. ex rel Kirby v. Sturges (1975), 510 F.

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Related

Cerasani v. State
53 Ill. Ct. Cl. 148 (Court of Claims of Illinois, 2001)
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51 Ill. Ct. Cl. 269 (Court of Claims of Illinois, 1999)
Sassali v. DeFauw
696 N.E.2d 1217 (Appellate Court of Illinois, 1998)
Rodes v. State
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Cite This Page — Counsel Stack

Bluebook (online)
45 Ill. Ct. Cl. 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-state-ilclaimsct-1993.