Monday, November 4, 2013

Patterson, Plaintiff v. Former Chicago Police Lt. Jon Burge case brief

Patterson, Plaintiff v. Former Chicago Police Lt. Jon Burge case brief summary
328 F. Supp. 2d 878 (N.D. Ill. 2004)

Defendants, city, county, state's attorneys' office, and related individuals, sought summary judgment on claims by plaintiff a paroled death row prisoner asserting, inter alia, that defendants knowingly filed false charges and framed him for the murders for which he was incarcerated, and alleging claims under 42 U.S.C.S. § 1983 and state common law.


  • Plaintiff claimed, inter alia, that all of the individual defendants caused his wrongful charging, prosecution, and conviction by fabricating and coercing the false admissions which formed the basis for his conviction. 
  • The district court found that plaintiff had adequately pleaded a § 1983 claim for deprivation of procedural due process against all individual defendants. 
  • Further, the court held that the plaintiff had stated common law claims for malicious prosecution, intentional infliction of emotional distress, and conspiracy against each of the individual defendants, such that the defendants city and county state's attorney, as employers of the individual defendants, could be held liable for their actions. 
  • Likewise, the § 1983 Monell claims against defendant county state's attorney's office were barred under the Eleventh Amendment and the Monell claims against the defendant county failed because the county was not responsible for the actions of any of the individual defendant state's attorneys. 
  • However, the court held that the existence of probable cause for an arrest barred plaintiff's § 1983 false imprisonment claim.


Defendants' motions to dismiss were granted with respect to, inter alia, plaintiff's § 1983claims for false imprisonment, access to courts, and his Monell claim against defendant county, but defendants' motion to dismiss was denied in part as to, inter alia, plaintiff's § 1983 claims related to his right to a fair trial, coercive interrogation, excessive force, and his Monell claim against defendant city.

Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure

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