Ohlrich v. Village of Wonder Lake

22 F. Supp. 3d 874, 2014 U.S. Dist. LEXIS 69187, 2014 WL 2094149
CourtDistrict Court, N.D. Illinois
DecidedMay 20, 2014
DocketCase No. 13 C 50391
StatusPublished
Cited by3 cases

This text of 22 F. Supp. 3d 874 (Ohlrich v. Village of Wonder Lake) 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
Ohlrich v. Village of Wonder Lake, 22 F. Supp. 3d 874, 2014 U.S. Dist. LEXIS 69187, 2014 WL 2094149 (N.D. Ill. 2014).

Opinion

ORDER

PHILIP G. REINHARD, District Judge.

For the reasons stated below, defendant McHenry County Sheriff Keith Nygren’s motion to dismiss count III [11] is denied and defendant Timothy Harding’s motion to strike plaintiffs request for punitive damages in count IV [20] is denied.

STATEMENT-OPINION

On December 23, 2013, plaintiff David Ohlrich filed a six-count complaint against the Village of Wonder Lake, Wonder Lake Police Officer Timothy Harding, McHenry County, McHenry County Sheriff Keith Nygren, and McHenry County Sheriffs deputy Steven Nulle (collectively “defendants”). [1] In his complaint, plaintiff brings an excessive force claim under 42 U.S.C. § 1983 against defendants Harding and Nulle (count I), a failure to intervene claim under 42 U.S.C. § 1983 against defendants Harding and Nulle (count II), a Monell claim under 42 U.S.C. § 1983 against defendant Keith Nygren (count III), a state law battery claim against defendants Harding and Nulle (count IV), a state law respondeat superior claim against the Village of Wonder Lake and defendant Nygren (count V), and a state law indemnification claim against the Village of Wonder Lake and McHenry County (count VI). All of plaintiffs claims relate to his arrest and subsequent criminal proceedings that occurred in December 2012.

The complaint states plaintiff was arrested on December 25, 2012 and was charged with domestic battery. [1] ¶¶ 14, 33. On the said date, plaintiffs sister was visiting for the Christmas holiday. [1] ¶ 16. Allegedly, in the early evening hours on December 25th, plaintiffs sister began to experience chest pains and called 911. [1] ¶ 17. When this occurred, plaintiff claims he had fallen asleep watching television. [1] ¶ 15. Apparently, plaintiff was still asleep when the Wonder Lake Fire Department and Wonder Lake Police Officer Timothy Harding and McHenry County Deputy Sheriff Steven Nulle responded to the call and arrived at his residence.

When the authorities arrived, plaintiffs sister spoke to paramedics outside the residence and reported that she was experiencing chest pains. Plaintiff contends his sister never mentioned anything regarding a domestic disturbance and instead only [876]*876complained of chest pains. Despite this, plaintiff alleges officers Harding and Nulle entered his home and “violently grabbed” him and “slammed him to the floor.” [1] ¶24. He claims he did not attempt to-resist the officers, but they proceeded to kick and strike him anyway. Plaintiff alleges that the officers eventually handcuffed him excessively tight and informed him he was under arrest for domestic battery. He believes the basis for the arrest was a false report Harding submitted which stated that plaintiffs sister had reported plaintiff was beating her. [1] ¶ 30. Plaintiff reiterates that his sister never complained about an alleged battery on the date in question. [1] ¶ 33. Ultimately, on March 18, 2013, plaintiffs domestic battery charges were nolle prosse’d. Id.

Plaintiff claims he suffered injuries as a result of the arrest on December 25, 2012. [1] ¶ 35. He states that after he was released from jail, he received medical treatment for these injuries. These allegations form the basis of plaintiffs excessive force claim (count I), his failure to intervene claim (count II), and his state law battery claim (count IV) in the instant case.

Count III of plaintiffs complaint sets forth a Monell claim under 42 U.S.C. § 19&3. [1] ¶¶ 43-48. In count III, plaintiff alleges defendant Keith Nygren is liable in his official capacity as McHenry County Sheriff because the incident that occurred on December 25, 2012 was the result of a pattern and practice of Nygren failing to properly supervise his officers. [1] ¶ 44. Plaintiff also claims the McHenry County Sheriffs Department has policies or customs of 1) effectuating false arrests; 2) using excessive force; 3) invoking a code of silence where officers intentionally fail to report the misconduct of their colleagues, 4) failing to adequately supervise and discipline officers; and 5) failing to adequately investigate complaints against officers. [1] ¶ 45.

Counts V and VI assert claims for re-spondeat superior and indemnification respectively. [1] ¶¶ 53-56. These claims are asserted against the Village of Wonder Lake, McHenry County, and McHenry County Sheriff Keith Nygren.

Defendants Timothy Harding, the Village of Wonder Lake, McHenry County, and McHenry County Sheriffs deputy Steven Nulle have answered the complaint. See [13]; [18]; [19]. Defendant Keith Ny-gren has answered a portion of the complaint, but has also filed a motion to dismiss count III. See [11], In his motion, Nygren argues that count III must be dismissed because it fails to satisfy the plausibility standard of Bell Atlantic Corporation v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) and its progeny. See id.

Defendant Timothy Harding has filed a motion to strike plaintiffs request for punitive damages in count IV. See [20]. In his motion, Harding argues Illinois’ Tort Immunity Act prevents an award of punitive damages with respect to plaintiffs state law battery claim.

Plaintiff has responded to both motions. See [23]; [30]. He argues that the Ny-gren’s motion to dismiss should be denied because the complaint sets forth sufficient factual allegations to satisfy the federal pleading standards. He claims the motion to strike should be denied because the plain language of the Illinois Tort Immunity Act does not indicate an absolute bar of punitive damages with respect to police officers. The court will address each motion in turn.

A. Defendant Nygren’s Motion to Dismiss Count III[11]

Defendant Nygren argues that count III of plaintiffs complaint should be dismissed [877]*877pursuant to Federal Rule of Civil Procedure 12(b)(6). He contends the complaint fails to provide sufficient factual details to support a Monell claim and because of this, count III does not satisfy the federal notice pleading standards.

“To survive a motion to dismiss under Rule 12(b)(6), the complaint must state a claim to relief that is plausible on its face. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Yeftich v. Navistar, 722 F.3d 911, 915 (7th Cir.2013) (internal quotation marks and citations omitted). “Where a complaint pleads facts that are merely consistent with a defendant’s liability, it stops short of the line between possibility and plausibility of entitlement to relief.” Id. (internal quotation marks and citations omitted). In cases such as these, the inference of liability is only “speculative.” Id.

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22 F. Supp. 3d 874, 2014 U.S. Dist. LEXIS 69187, 2014 WL 2094149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohlrich-v-village-of-wonder-lake-ilnd-2014.