Simon v. Northwestern University

175 F. Supp. 3d 973, 2016 U.S. Dist. LEXIS 40869, 2016 WL 1237666
CourtDistrict Court, N.D. Illinois
DecidedMarch 29, 2016
DocketCase No. 15-cv-1433
StatusPublished
Cited by4 cases

This text of 175 F. Supp. 3d 973 (Simon v. Northwestern University) 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
Simon v. Northwestern University, 175 F. Supp. 3d 973, 2016 U.S. Dist. LEXIS 40869, 2016 WL 1237666 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

Robert M. Dow, Jr., United States District Judge

Plaintiff Alstory Simon alleges that Defendants’ unethical journalistic and investigative practices led to his wrongful conviction and 15-year incarceration for a double murder that he did not commit. More specifically, Plaintiff alleges that Defendants knowingly falsified evidence and disseminated that evidence to the prosecuting authorities to frame Plaintiff for the murders.

Before the Court are motions to dismiss filed by each Defendant [34, 42, 43, 46] as well as Defendants’ joint motion to stay discovery [48] pending resolution of those motions to dismiss. For the reasons set forth below, Defendants’ motions to dismiss [34, 42, 43, 46] are granted in part and denied in part. Defendants’ motion to stay [48] is denied as moot. This case is set for further status on 4/19/2016 at 9:30 a.m. to discuss scheduling and case management.

I. Background1

A. David Protess, Paul Ciolino, and the Medill School of Journalism

Defendant David Protess joined the faculty of Northwestern University’s Medill School of Journalism in 1981. In 1990, Protess teamed up with investigative journalist Rob Warden (who specialized in wrongful conviction cases) to investigate the case of David Dowaliby, who had been convicted of murdering his seven-year-old adopted daughter. Protess and Warden, along with several of Protess’s journalism students, undertook an investigation that ultimately contributed in large part to Dowaliby’s exoneration.

Protess’s success on the Dowaliby case was highly publicized. In July 1990, the Chicago Tribune published a two-part series written by Protess about the investigation and Northwestern’s role in Dowaliby’s exoneration. Protess and Warden wrote a book about their investigation called “Gone in the Night,” which inspired a two-part, made-for-TV movie that aired on CBS in 1996. Protess’s accomplishments also reflected positively on Northwestern’s Medill School of Journalism, and because of this rise in prestige and popularity, Northwestern encouraged Protess to continue focusing his investigative journalism class on wrongful conviction cases.

[977]*977Protess’s next success came in 1996, when he and his journalism students began investigating the case known as the “Ford Heights Four,” which involved four men convicted for a double murder that occurred in 1978. To assist in the investigation, Northwestern hired a private investigator, Defendant Paul Ciolino. By July 1996, with the help of the Northwestern investigative team, the Ford Heights Four were exonerated. By August 1996, Protess had signed another book deal (“A Promise of Justice”), which was published in 1998.

Plaintiff alleges that Protess and Ciolino used ethically-questionable investigatory tactics in working on the Ford Heights Four ease, some of which Protess wrote about in “A Promise of Justice.” For example, Protess allegedly wrote a letter to a key eyewitness on Medill School of Journalism letterhead advising the witness that his monetary rights to his story were contingent on his story aligning with Northwestern’s view of the ease. In another instance, Ciolino allegedly posed as Hollywood producer Jerry Bruckheimer in a witness interview to add gravitas to Pro-tess’s promise to the witness that he could reap huge financial rewards for his story. Defendants also, allegedly used female students to sexually flirt with witnesses in order to manipulate their testimony, and Protess allegedly told one eyewitness “that he could have sex with either of two Northwestern Medill students if he would change his testimony.” [1, ¶ 32-35.]

Plaintiff claims that Defendant Northwestern became aware of Protess’s and Ciolino’s unethical behavior as early as 1997, but, motivated by the “prestige, recognition and monetary benefits” that came from Protess’s work, continued'to endorse his program anyway. More specifically, in 1997, the Dean of the Medill School of Journalism (Michael Janeway) expressed concerns to Northwestern over the lack of oversight and supervision of Protess and Ciolino and his desire to cancel Protess’s investigative journalism classes. In response, Northwestern replaced Dean Jane-way with Ken- Bode, “a Dean that would support and/or ignore Protess’[s] and Ciol-ino’s unethical, deceitful and/or illegal conduct.” [1, ¶ 42.] Despite the publicity surrounding these questionable investigative tactics as presented in the “massive publicity surrounding the Ford Heights Four case, and the publishing of ’A Promise of Justice,”’ Dean Bode continued to support Protess’s investigative journalism program. [1, ¶ 39.] And in August 1998, on the heels of the publication of Protess’s second book, the Robert R. McCormick Tribune Foundation announced a $20,000,000 grant to the Medill School of Journalism.

B. The Anthony Porter Case

Riding high on the acclaim from two successful exoneration projects (coupled with two book publications, vast media-exposure, and a sizeable grant), Defendants set out to continue their streak of journalistic accomplishment. In late 1998, Protess, Ciolino, and several Medill journalism students began investigating the 1983 double-murder conviction of Anthony Porter.. On the morning of August 15, 1982, Jerry Hillard and Marilyn Green were shot and killed in the bleachers of the Washington Park swimming pool on Chicago’s southeast side. Upon arriving at the scene of the crime, the Chicago police identified two witnesses, Henry Williams and William Taylor. Williams told police that, as he was exiting the Washington Park swimming pool that morning, Anthony Porter tried to rob him at gunpoint. After that exchange ended, Williams watched Porter walk into the bleachers where Hillard and Green were sitting, at which point Williams heard several gunshots. The other witness, Taylor, was in the swimming pool at the time of the murders. He did not identify the shooter initially, but later told police that [978]*978he saw- Anthony Porter shoot the two- victims. Later that day, a Cook County State’s Attorney and a Chicago Police Offi-c,er located two more witnesses, one of whom (Kenneth Edwards) said that he saw Anthony Porter shoot both victims in the bleachers.

Police apprehended Porter several days later and charged him with the murders of Hillard and Green. At Porter’s trial, Williams and Taylor testified' consistently with what they told the police on the day of the shootings. Porter did not testify, but his friend Kenneth Doyle falsely testified that he and Porter were somewhere else at the time of the shootings. A jury found Porter guilty of the murders, and on September 21, 1983, Porter was sentenced to death.

Shifting back to 1998, with Porter’s execution date on the horizon, Defendants Protess and Ciolino and their team of journalism students began an expeditious investigation into Porter’s conviction. The team first focused on Porter’s mental competence to be executed “but, shortly thereafter, Defendants Protess and Ciolino formulated a plan to fabricate evidence that would exonerate Porter for the murders.” [1, ¶ 80.] Defendants’ primary tactic quickly materialized: they would develop an alternate suspect, and that person was Plaintiff, Alstory Simon.

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Cite This Page — Counsel Stack

Bluebook (online)
175 F. Supp. 3d 973, 2016 U.S. Dist. LEXIS 40869, 2016 WL 1237666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simon-v-northwestern-university-ilnd-2016.