Rhein v. Coffman

118 F. Supp. 3d 1093, 2015 U.S. Dist. LEXIS 102851, 2015 WL 4692457
CourtDistrict Court, N.D. Illinois
DecidedAugust 6, 2015
Docket13 C 843
StatusPublished
Cited by1 cases

This text of 118 F. Supp. 3d 1093 (Rhein v. Coffman) 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
Rhein v. Coffman, 118 F. Supp. 3d 1093, 2015 U.S. Dist. LEXIS 102851, 2015 WL 4692457 (N.D. Ill. 2015).

Opinion

Memorandum Opinion and Order

Gary Feinerman, United States District Judge

David and Kim Rhein brought this suit under 42 U.S.C. § 1983 against Agent Steven Pryor, Agent Freddie Summers, and Lieutenant John Coffman of the Illinois State Police (“ISP”) in their individual capacities, and ISP Director Hiram Grau in his official capacity. Doc. 29. The official capacity claim alleged that § 8(f) of the Illinois Firearm Owners Identification (“FOID”) Card Act, 430 ILCS 65/8(f), is facially unconstitutional, while the individual capacity claims alleged that the revocation of David’s FOID card and‘Seizure of his and Kim’s firearms from their home violated the First, Second, Fourth, and Fourteenth Amendments. The court dismissed for lack of Article III standing, the constitutional challenge to § 8(f).. Docs. 42-43 (reported at 2014 WL 1099157 (N.D.I11. Mar. 20, 2014)). Then, by agreement, the remaining claims were dismissed except for David’s Fourteenth Amendment due process claim against Coffman, which alleges that Coffman failed to provide constitutionally adequate process before and after reyoking David’s FOID card. Doc. 64. Coffman and David (who henceforth will be referred to as “Rhein”) have filed cross-motions for summary judgment. Docs. 65, 69. For the following reasons, Coffman’s motion is granted and Rhein’s motion is denied.

Background

When considering Coffman’s summary judgment motion,- the facts are considered in the light most favorable to Rhein, and when considering Rhein’s summary judgment motion, the facts are considered in the light most favorable to Coffman. See In re United Air Lines, Inc., 453 F.3d 463, 468 (7th Cir.2006) (“With cross summary judgment motions, we construe all facts and inferences therefrom in favor of the party against whom the motion under consideration is made.”) (internal quotation marks omitted). On summary judgment, the court must assume the truth of those facts, but does not vouch for them. See Smith v. Bray, 681 F.3d 888, 892 (7th Cir.2012). That said, many of the following facts áre undisputed.

Until his FOID card was revoked, Rhein owned firearms and maintained them at his home in his Sauk Village, Illinois, a suburb south of Chicago. Doc. 77 at ¶ 3; Doc. 75 at ¶ 2. On March 10, 2010, Rhein visited the office of State Representative Anthony DeLuca in Springfield to drop off a packet of documents that included a petition requesting answers about why the Constitution was being violated. Doc. 77 at ¶ 9; Doc. 75 at ¶ 6. On March 22, Rhein called DeLuca’s district office in Crete, a suburb close to Sauk Village, to ask whether DeLuca had received those documents and to inquire about delivering another set to the Crete office. Doc. 77 at ¶ 10; Doc. 75 at ¶6. Rhein spoke with Donna Fanning, DeLuca’s District Manager, who reported that Rhein told her that he was “ready to start shooting people.” Doc. 77 at ¶¶ 10-11; Doc. 75 at ¶ 6. Rhein left a set of documents at the Crete office later that day. Doc. 77 at ¶ 10. On August 3, Rhein dropped off another set of .documents at the Crete office; one document stated that DeLuca should “hang for. treason for allowing this state and federal government to piss- and shit all over we the people’s individual rights.” Id. at ¶ Í3; Doc. 75 at ¶8. This prompted Fanning to call the Crete police and turn over the documents to them. Doc. 77 at ¶¶ 13-14. On Sep[1097]*1097tember BO, Rhein called DeLuca's office and yelled at Fanning. Id. at ¶ 15; Doc. 75 at ¶ 9.

On or about January 14, 2011, Rhein called Fanning and said that he was going to visit the Crete office. Doc. 75 at ¶ 10; Doc. 77 at ¶ 16. Fanning alerted the Crete police. Doc. 77 at ¶ 17. Rhein delivered another packet of documents and left. Id. at ¶ 18. The outside of the packet read, “WHATS IN THIS ENEVEL-OPE ARE FACTS NOT FICTION,” “LEARN TO READ THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU (GOD),” “IT ALSO EXPLAINS WHY THERE ARE SO MANY FATASS & LAZYASS PEOPLE IN THIS COUNTRY AND STATE,” “1812-2012,” “WHAT MITE THESE TWO DATES HAVE IN COMMON?” “NEED A HINT.” Doc. 75 at ¶ 10 (original spelling preserved). The packet contained, among other things, copies of the Declaration of Independence, the Constitution, and a biography of the Attorney General of Illinois. Id. at ¶ 11. On various pages, Rhein wrote, among other things, “Now you know why so many of your people or going to be shot because your too selfish too understand the truth,” “Constitutional Convention-Artical ' XII State Second Amendment Fed Now you know why you may be next,” ‘You all need to take a step back and take a look at what you are doing to this state. Befor[e] we the people go Second Amendment on your assess.” Id. at ¶¶ 11-12 (most original spelling preserved). Rhein drew a cros-shairs symbol on one page. Id. at ¶ 11.

Rhein does not remember' contacting DeLuca’s office after January 14, 2011. Id. at ¶ 14. However, Fanning avers in a sworn statement that Rhein called and visited DeLuca’s office again on January 25. Doc. 67-6 at ¶¶ 9-13. Fanning further avers that Rhein told her he was a member of the Illinois State Militia and that she feared that he posed a threat, which prompted her to ask her husband to join her at the office. Id. at ¶¶ 9-10; Doc. 77 at ¶ 20; Doc. - 75 at ¶ 13. Fanning described Rhein’s body language during his hour long “rant” as “very animated,” and recalled him yelling “for extended periods of time” and referring to 2012 as “a year of. revolution and overthrowing the government.” Doc. 67-6 at ¶¶ 11-12. Although Rhein disputes that he did this on January 25, the parties agree that he referred to himself as a “sacrifice lamb” and also that he- told Fanning, “I have never shot anybody in my life, and I never would shoot anyone, unless I am forced to — to protect my constitutional rights.” Doc. 75 at ¶¶ 15-16. Fanning informed the Crete police and the ISP Statewide Terrorism Intelligence Center about her interactions with Rhein. Id. at ¶ 17.

ISP special agents told Lieutenant Coff-man, who at the time was Chief of the ISP’s Bureau of Firearm Services, that Rhein had made threats to DeLuca’s office. Id. at ¶¶ 1, 4. The agents sent Coff-man a written summary prepared by Fanning of Rhein’s statements and actions, together with documents that she had received from Rhein. Id. at ¶¶ 5, 18. Fanning’s summary indicated that Rhein told her that he was “ready to start shooting people” and would “kick the Governor’s ass,” and that he referred to himself as a “sacrifice lamb.” Id. at ¶ 5.

On February 3, 2011, based on the information provided to him, Coffman revoked Rhein’s FOID card pursuant to § 8(f) of the. FOID Card Act, and wrote a letter to Rhein to that effect. Id. at ¶¶ 19-20; Doc. 77 at ¶ 37. Section 8(f) allows the ISP to revoke the FOID card of an individual “whose mental condition is of such a nature that it poses a clear and present danger to [the individual], any other person or persons or the community.” 430 [1098]*1098ILCS 65/8(f). Section 1.1 of the Act defines “[c]lear and present danger” as “a person who: (1) communicates a serious threat of physical violence a'gainst a reasonably identifiable victim ...; or (2) demonstrates threatening physical or verbal behavior, such as violent ... or assaultive threats, actions, or other behavior, as determined by a ... law enforcement official.”

Related

David Rhein v. John Coffman
825 F.3d 823 (Seventh Circuit, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
118 F. Supp. 3d 1093, 2015 U.S. Dist. LEXIS 102851, 2015 WL 4692457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhein-v-coffman-ilnd-2015.