Whitt v. City of Rockford

700 F. Supp. 391, 1988 U.S. Dist. LEXIS 11827, 1988 WL 126065
CourtDistrict Court, N.D. Illinois
DecidedOctober 21, 1988
DocketNo. 84 C 20116
StatusPublished

This text of 700 F. Supp. 391 (Whitt v. City of Rockford) 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
Whitt v. City of Rockford, 700 F. Supp. 391, 1988 U.S. Dist. LEXIS 11827, 1988 WL 126065 (N.D. Ill. 1988).

Opinion

ORDER

ROSZKOWSKI, District Judge.

Before the court is defendants’ motion for summary judgment. Plaintiff is suing the City of Rockford, its police chief and a number of its police officers for an alleged deprivation of his constitutional rights. Plaintiff filed this action pursuant to 42 U.S.C. § 1983 in connection with an incident which occurred on January 25, 1984 in Rockford, Illinois. The incident involved a warrantless entry by the police into an apartment where plaintiff resided. Plaintiff was shot by a Rockford police officer shortly after the entry.

FACTS1

Five days before the entry into plaintiff’s apartment, a woman was assaulted while shopping at O’Donnell’s Foods on Rockford’s west side. She had been struck in the face with a gun by a black woman accompanied by a black man. Witnesses observed the pair leaving in an older model green Chevrolet Impala with a shotgun being pointed out the window of the car by the driver.

A license check was run on the car. It indicated that the car was registered in the name of John Moore whose address was shown as 210V2 Ogden, Rockford, Illinois. Defendant Officer Scheffels, who was investigating the incident, contacted Mr. Moore. Moore denied any participation in the incident at O’Donnell’s saying that he had loaned his car to an acquaintance named Jeff. The victim of the crime disappeared and officers did not pursue the matter.

Late in the evening of January 25, 1984, a call came in for police assistance at 236 North Independence Avenue. Charles Blis-sit had notified the police that three black men had just been at that address. The three men were described as all being armed with one carrying a rifle. Blisset had been with the woman who was assaulted at O’Donnell's earlier in the week. He identified one of the armed men as the black male involved in the incident at O’Donnell’s.

While the police were responding to the incident on Independence Avenue, there was a report of a shooting at 1827 Green Street, which is about five blocks from the Independence Avenue occurrence.2 The victim, Roger Purifoy, was shot in the bathroom of his girlfriend’s apartment. He told the police that the assailants were three black men, all of whom were armed, one of whom was carrying a rifle or shotgun type of gun.

Officer Scheffels was on duty the night of these two occurrences. He went to the vicinity of the Green Street incident al[393]*393though he did not talk to the victim or any witnesses. He did not go to the Independence Avenue incident. When he heard the information broadcast from the Independence Avenue incident, he responded by broadcasting the information he had acquired through his investigation of the O’Donnell’s incident. The police gathered at John Moore’s address. Moore’s car was parked in front of the residence and there were lights on in his apartment.

Defendant Sergeant Roger Smith came to Moore’s residence from the Green Street shooting. He decided they should attempt to gain entry to Moore’s apartment consensually if possible but by force if necessary. Two of the officers were assigned to the front of the building while the other five converged on the rear entrance located at the top of some exterior stairs.

When the defendants got to the top of the stairs outside of the apartment, they heard loud and excited conversation from within the apartment. The individuals inside the apartment were discussing guns and were talking about a shooting. The defendants also heard the sounds of a shotgun being “jacked” and guns being played with.

Defendant Officer McDonald then knocked on the door and announced himself as the police. He repeated his knock and announcement, in response to which the door was opened from within. The individual who opened the door attempted to shut the door whereupon the officers forced the door open and moved inside the apartment into the kitchen area.

Immediately after entering the apartment, Officer McDonald noticed an adult male coming into the kitchen carrying a shotgun. Officer McDonald shot his handgun at the person carrying the shotgun wounding him in the arm. The person shot is plaintiff, Simmie Whitt.

Plaintiff alleges that defendants violated plaintiff’s constitutional rights when defendants entered the apartment without a warrant and allegedly without probable cause or exigent circumstances. Defendants move for summary judgment arguing that probable cause and exigent circumstances were present when they entered the apartment. Defendants argue further that even if probable cause and exigent circumstances were not present, they are entitled to qualified immunity for their actions.

OPINION

“The doctrine of qualified immunity shields government officials performing discretionary functions from liability for civil damages.” Klein v. Ryan, 847 F.2d 368, 371 (7th Cir.1988). “Under the purely objective qualified immunity standard adopted in Harlow v. Fitzgerald, 457 U.S. 800 [102 S.Ct. 2727, 73 L.Ed.2d 396] (1982), government officials may violate an individual’s constitutional rights and still be shielded from liability if they could not reasonably be expected to know that the Constitution forbade their conduct. If their conduct did not ‘violate clearly established ... constitutional rights of which a reasonable person would have known,’ they are entitled to qualified immunity.” Bradshaw v. Zebella, 1987 U.S. Dist. LEXIS 10166, 3 (N.D.Ill.1987) [1987 WL 19545, 1] (quoting Harlow, 457 U.S. at 818, 102 S.Ct. at 2738).

In the Bradshaw case cited above, Judge Alesia discussed the purposes of qualified immunity and more particularly, its purposes in the context of lawsuits against law enforcement officials. As Judge Alesia stated:

[qualified immunity for public officials is intended to accommodate two conflicting concerns. On the one hand is the desire to allow citizens to resort to damage suits to vindicate violations of constitutional rights. See Harlow, 457 U.S. at 814 [102 S.Ct. at 2736]. But the right to sue public officials for abusive conduct may be counterproductive if the “fear of personal monetary liability and harrass-ing litigation will unduly inhibit officials in the discharge of their duties.” Creighton, 107 S.Ct. at 3038. By focusing on the objective reasonableness of an official’s conduct in light of existing case law at the time the action is taken, the qualified immunity doctrine is designed [394]*394to weed out insubstantial suits before trial without limiting a citizen’s right to seek relief for violations of clearly established rights. Harlow, 457 U.S. at 819 [102 S.Ct. at 2738].
The need to balance protection of officials from groundless suits against a citizen’s right to seek damages for constitutionally protected rights is particularly acute when the right at issue involves matters of law enforcement. Frequently faced with situations requiring quick and decisive action, police officers do not always have time to consider whether a particular course of action might violate the delicate intricacies of some constitutionally protected right.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Brinegar v. United States
338 U.S. 160 (Supreme Court, 1949)
Henry v. United States
361 U.S. 98 (Supreme Court, 1959)
Payton v. New York
445 U.S. 573 (Supreme Court, 1980)
Harlow v. Fitzgerald
457 U.S. 800 (Supreme Court, 1982)
Malley v. Briggs
475 U.S. 335 (Supreme Court, 1986)
Anderson v. Creighton
483 U.S. 635 (Supreme Court, 1987)
Harold B. Dorman v. United States
435 F.2d 385 (D.C. Circuit, 1970)
United States v. Bernardino Acevedo
627 F.2d 68 (Seventh Circuit, 1980)
William J. Benson v. Robert H. Allphin
786 F.2d 268 (Seventh Circuit, 1986)
William J. Klein v. Lawrence Ryan and Frank Lombardo
847 F.2d 368 (Seventh Circuit, 1988)
People v. Cobb
455 N.E.2d 31 (Illinois Supreme Court, 1983)
People v. Abney
407 N.E.2d 543 (Illinois Supreme Court, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
700 F. Supp. 391, 1988 U.S. Dist. LEXIS 11827, 1988 WL 126065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitt-v-city-of-rockford-ilnd-1988.