Case: Chavez v. Illinois State Police

1:94-cv-05307 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 30, 1994

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On August 30, 1994, Peso Chavez, a Hispanic private investigator and New Mexico resident, filed a class action suit in the U.S. District Court for the Northern District of Illinois, pursuant to 42 U.S.C. § 1983, for alleged unconstitutional racial profiling by the Illinois State Police [ISP]. Chavez was represented by attorneys from the Roger Baldwin Foundation of ACLU, Inc. Defendants included the ISP; individual troopers; and supervisory officials, including those that headed "Operation Valk…

On August 30, 1994, Peso Chavez, a Hispanic private investigator and New Mexico resident, filed a class action suit in the U.S. District Court for the Northern District of Illinois, pursuant to 42 U.S.C. § 1983, for alleged unconstitutional racial profiling by the Illinois State Police [ISP]. Chavez was represented by attorneys from the Roger Baldwin Foundation of ACLU, Inc. Defendants included the ISP; individual troopers; and supervisory officials, including those that headed "Operation Valkyrie," a drug interdiction program. Chavez claimed that the officers of the Operation Valkyrie unit had a practice of stopping, detaining, and searching African-American and Hispanic motorists based on their race and without legally sufficient cause or justification. Chavez's own detention arose when he was retained by a criminal defense attorney to drive through Illinois in an attempt to recreate the circumstances leading to the drug stop and arrest of the attorney's client. See People v. Koutsakis, 272 Ill.App.3d 159, 208 Ill.Dec. 549, 649 N.E.2d 605 (Ill.App.3d Dist. 1995).

Subsequent to the filing of the action, Gregory Lee, Anthony W. Thomas and Linda Thomas, African-Americans, and Joseph Gomez, a Hispanic, joined the action as plaintiffs. Plaintiffs were represented by attorneys from the ACLU.

The five-year procedural history of this litigation is somewhat complicated as reflected by the PACER docket. Plaintiffs were granted leave to amend the complaint numerous times and parties and claims were added and dismissed. Plaintiffs' legal claims alleged violations of: the Equal Protection Clause of the Fourteenth Amendment; the right to travel provided by the Privileges and Immunities Clauses of Article IV and the Fourteenth Amendment; the Fourth Amendment; Title VI of the Civil Rights Act of 1964; and various supplemental state law provisions. Plaintiffs sought damages and injunctive and declaratory relief.

Through a series of rulings during the five-year litigation, the District Court (Judge Blanche M. Manning) analyzed the legal merits of the various claims. On February 13, 1996, the District Court dismissed the right to travel claim and conspiracy claims. Chavez v. Ill. State Police, 1996 WL 66136 (N.D.Ill. Feb. 13, 1996).

On November 5, 1998, the District Court granted defendants' motions for summary judgment on the equal protection claim, holding that the statistical evidence proffered by plaintiffs was insufficient to show that similarly situated persons of varying races were treated differently by the ISP. As Plaintiffs' request for class certification was based on the equal protection claim, class certification was denied. The District Court also found that the plaintiffs' individual claims would not support an award of injunctive relief. Chavez v. Ill. State Police, 27 F.Supp.2d 1053 (N.D.Ill.1998).

On July 15, 1999, the District Court denied the motion to add Christopher Jimenz as a new plaintiff. Chavez v. Illinois State Police, No. 94 C 5307, 1999 WL 515483 (N.D.Ill. July 15, 1999).

On August 2, 1999, the District Court denied plaintiffs' motions for reinstatement of their claim for prospective relief under Title VI and for class certification of a class of Hispanic motorists with respect to the Title VI claim. Chavez v. Illinois State Police, 1999 WL 592187 (N.D.Ill. Aug. 2, 1999).

Thereafter, plaintiffs' counsel moved to voluntarily dismiss the remaining claims with prejudice, so they could pursue an immediate appeal. The District Court advised plaintiffs that such dismissal would result in reasonable costs being taxed against plaintiffs. Chavez v. Illinois State Police, 1999 WL 754681 (N.D.Ill. Sept. 9, 1999). Plaintiffs' dismissed the remaining claims and the Court awarded costs in the amount of $22,800.72 to defendants. Plaintiffs filed a notice of appeal on October 15, 1999.

Plaintiffs then moved for reconsideration of the taxing order, which was denied by the District Court. Chavez v. Ill. State Police, 2000 WL 91918 (N.D.Ill. Jan. 19, 2000). Plaintiffs filed a second notice of appeal, seeking review of the taxing order.

The Seventh Circuit Court of Appeals affirmed on all issues. Chavez v. Ill. State Police, 251 F.3d 612 (7th Cir. 2001). Of particular note, the Court of Appeals (Justice Michel S. Kanne) held that while statistical proof could be sufficient to establish the discriminatory effect element of the equal protection claim, the statistical evidence offered by the plaintiffs was neither relevant nor reliable and was therefore insufficient as a matter of law.

Summary Authors

Dan Dalton (1/9/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10806758/parties/chavez-v-il-st-police/


Judge(s)

Bauer, William Joseph (Illinois)

Attorney for Plaintiff

Auerbach, Nicole Nehama (Illinois)

Baum, Jonathan Klee (Illinois)

Attorney for Defendant

Andalman, Robert M. (Illinois)

Expert/Monitor/Master/Other

Barker, William T. (Illinois)

Documents in the Clearinghouse

Documents in this case

1:94-cv-05307

Docket (PACER)

July 19, 2001

July 19, 2001

Docket

1:94-cv-05307

Memorandum and Order

Feb. 12, 1996

Feb. 12, 1996

Order/Opinion

1996 WL 65992

89

1:94-cv-05307

Memorandum and Order [Granting Motion for a Protective Order]

Feb. 12, 1996

Feb. 12, 1996

Order/Opinion

1996 WL 65992

1:94-cv-05307

Memorandum and Order

Feb. 13, 1996

Feb. 13, 1996

Order/Opinion

1996 WL 66136

91

1:94-cv-05307

Memorandum and Order

Feb. 13, 1996

Feb. 13, 1996

Order/Opinion

1996 WL 66136

280

1:94-cv-05307

Report and Recommendation of Magistrate Judge Edward A. Brobick

July 10, 1997

July 10, 1997

Order/Opinion

1997 U.S.Dist.LEXIS 10012

341

1:94-cv-05307

Report and Recommendation of Magistrate Judge Edward A. Brobick

March 17, 1998

March 17, 1998

Order/Opinion

1998 U.S.Dist.LEXIS 3616

376

1:94-cv-05307

Memorandum Opinion and Order

Nov. 5, 1998

Nov. 5, 1998

Order/Opinion

27 F.Supp.2d 1053

1:94-cv-05307

Expert Report of Jim Ginger

Jan. 7, 1999

Jan. 7, 1999

Monitor/Expert/Receiver Report

1:94-cv-05307

Expert Report of Lou Reiter, with Exhibit 1

Feb. 6, 1999

Feb. 6, 1999

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10806758/chavez-v-il-st-police/

Last updated March 20, 2026, 5:38 a.m.

ECF Number Date Description Link
1 Aug. 30, 1994

COMPLAINT - Civil cover sheet - Appearance(s) of Harvey Michael Grossman, Jane M. Whicher as attorney(s) for plaintiff Peso Chavez with Rule 39 affidavits ( no summons(es) issued.) ( Documents: 1-1 through 1-5) (cdh) (Entered: 08/31/1994)

RECAP
2 Aug. 30, 1994

CONTINGENCY FEE AGREEMENT (Not available in public case file). (cdh) (Entered: 08/31/1994)

RECAP
Aug. 30, 1994

RECEIPT regarding payment of filing fee paid; on 8/30/94 in the amount of $ 120.00, receipt # 441133. (cdh)

3 Sept. 15, 1994

MINUTE ORDER of 9/15/94 by Hon. William T. Hart : Status hearing set for 10/5/94 at 9:15 am. Mailed notice (cdh) (Entered: 09/16/1994)

RECAP
4 Sept. 30, 1994

ATTORNEY APPEARANCE for defendant by Roger Philip Flahaven, Iain D. Johnston (cdh) (Entered: 10/05/1994)

RECAP
5 Oct. 5, 1994

MOTION by Peso Chavez for leave to file additional appearance ; Notice of motion. (Original docket date of 10/06/94.) (maf) (Entered: 10/13/1994)

RECAP
6 Oct. 5, 1994

MINUTE ORDER of 10/5/94 by Hon. William T. Hart : Status hearing held. Granting plaintiff's motion for leave to file appearance of additional counsel Ted S. Helwig and Jonathan Baum of Katten Muchin & Zavis [5-1]. Parties notified in open court that this case will be transferred by Executive Committee Order to the calendar of Judge-Designate Blanche M. Manning on 10/18/94. (Orig. dkt. date of 10/06/94.) Mailed notice (maf) (Entered: 10/13/1994)

RECAP
7 Oct. 7, 1994

ATTORNEY APPEARANCE for plaintiff Peso Chavez by Ted S. Helwig, Jonathan Klee Baum (cdh) (Entered: 10/18/1994)

RECAP
8 Oct. 7, 1994

RULE 39 Affidavit of Ted S. Helwig (cdh) (Entered: 10/18/1994)

RECAP
9 Oct. 7, 1994

RULE 39 Affidavit of Jonathan Klee Baum (cdh) (Entered: 10/18/1994)

RECAP
10 Oct. 17, 1994

MINUTE ORDER of 10/17/94 by Hon. William T. Hart : Parties notified that this case is being transferred by Executive Committee Order to the calendar of Hon. Judge Blanche M. Manning on 10/18/94. Mailed notice (cdh) (Entered: 10/18/1994)

RECAP
Oct. 18, 1994

EXECUTIVE committee order of 10/18/94 Case reassigned to Hon. Blanche M. Manning (fce)

11 Oct. 31, 1994

ANSWER to the complaint by defendant; jury demand; Notice of filing. (cdh) (Entered: 11/01/1994)

RECAP
12 Nov. 3, 1994

MEMORANDUM of law by defendants' in support of defendants' motion to strike and dismiss; Notice of filing. (cdh) (Entered: 11/04/1994)

RECAP
13 Nov. 3, 1994

MOTION by defendants' to strike and to dismiss portions of plaintiff's complaint (Attachments); Notice of motion. (cdh) (Entered: 11/10/1994)

RECAP
14 Nov. 8, 1994

MINUTE ORDER of 11/8/94 by Hon. Blanche M. Manning : Brief in support of motion to strike [13-1] and motion to dismiss portions of plaintiff's complaint [13-2] due 11/3/94. Answer brief to motion due 12/3/94. Reply to answer brief due 12/17/94. Ruling by mail. Enter order nunc pro tunc 11/3/94. Mailed notice (cdh) (Entered: 11/10/1994)

RECAP
15 Dec. 6, 1994

MEMORANDUM by plaintiff Peso Chavez in opposition to defendants' motion to strike [13-1], motion to dismiss portions of plaintiff's complaint [13-2] (Attachments); Notice of filing. (cdh) (Entered: 12/07/1994)

RECAP
16 Dec. 6, 1994

MOTION by plaintiff Peso Chavez for leave to file memorandum in excess of 15 pages ; Notice of motion. (cdh) (Entered: 12/07/1994)

RECAP
17 Dec. 6, 1994

MINUTE ORDER of 12/6/94 by Hon. Blanche M. Manning : Granting plaintiff's motion for leave to file brief in excess of 15 pages [16-1] Telephone notice (cdh) (Entered: 12/07/1994)

RECAP
18 Dec. 19, 1994

REPLY by defendants to plaintiff's memorandum in opposition to defendants' motion to strike [13-1], motion to dismiss portions of plaintiff's complaint [13-2] (Attachments); Notice of filing. (fce) (Entered: 12/20/1994)

RECAP
19 Dec. 20, 1994

MOTION by defendants for leave to file brief in excess of 15 pages ; Notice of motion. (fce) (Entered: 12/21/1994)

RECAP
20 Dec. 20, 1994

MINUTE ORDER of 12/20/94 by Hon. Blanche M. Manning : Granting defendants' motion for leave to file brief in excess of 15 pages [19-1] Mailed notice (fce) (Entered: 12/21/1994)

RECAP
21 Feb. 16, 1995

RETAINER AGREEMENT - Linda Thomas (not available in pubic case file). (cdh) (Entered: 02/17/1995)

RECAP
22 Feb. 16, 1995

RETAINER AGREEMENT (Not available in case file) (cdh) (Entered: 02/17/1995)

RECAP
23 Feb. 16, 1995

RETAINER AGREEMENT (not available in public case file). (cdh) (Entered: 02/17/1995)

RECAP
24 Feb. 16, 1995

MOTION by plaintiff Peso Chavez for leave to file first amended class action complaint instanter ; notice of motion. (cdh) (Entered: 02/21/1995)

RECAP
25 Feb. 16, 1995

FIRST MOTION by plaintiff Peso Chavez for leave to add parties ; notice of motion (cdh) (Entered: 02/21/1995)

RECAP
26 Feb. 16, 1995

FIRST AMENDED CLASS ACTION COMPLAINT [1-1] by plaintiff; adding Gregory Lee, Anthony W Thomas, Linda Thomas, Robert P Cesna, Trooper Butler ; notice of filing. (cdh) Modified on 02/21/1995 (Entered: 02/21/1995)

RECAP
27 Feb. 17, 1995

MINUTE ORDER of 2/17/95 by Hon. Blanche M. Manning : Enter order nunc pro tunc as 2/16/95. Plaintiff's motion for leave to file first amended class action complaint instanter [24-1] is granted. Defendant to answer or otherwise plead on or before 3/8/95. Mailed notice (cdh) Modified on 03/01/1995 (Entered: 02/21/1995)

RECAP
28 Feb. 17, 1995

MINUTE ORDER of 2/17/95 by Hon. Blanche M. Manning : Enter order nunc pro tunc as 2/16/95. Plaintiff's first motion for leave to add parties [25-1] is granted. Mailed notice (cdh) Modified on 03/01/1995 (Entered: 02/21/1995)

RECAP
29 March 8, 1995

ANSWER to the first amended class action complaint by IL St Police, Terrance W Gainer, Larry Thomas, Daniel Gillette, Craig Graham; jury demand ; notice of filing. (cdh) (Entered: 03/09/1995)

RECAP
30 March 14, 1995

AGREED MOTION by defendants' for leave to file brief in excess of 15 pages ; notice of motion. (cdh) (Entered: 03/15/1995)

RECAP
31 March 14, 1995

MINUTE ORDER of 3/14/95 by Hon. Blanche M. Manning : Granting defendants' agreed motion for leave to file brief in excess of 15 pages [30-1]. No notice (cdh) (Entered: 03/15/1995)

RECAP
32 March 14, 1995

MOTION by IL St Police, Terrance W Gainer, Larry Thomas, Daniel Gillette, Craig Graham to strike and dismiss portions of plaintiffs' first amended class action complaint ; notice of motion. (cdh) Modified on 03/15/1995 (Entered: 03/15/1995)

RECAP
33 March 14, 1995

MEMORANDUM of law by IL St Police, Terrance W Gainer, Larry Thomas, Daniel Gillette, Craig Graham in support of defendants' motion to strike [32-1] and dismiss portions of plaintiffs' first amended class action complaint [32-2] (Attachments) (cdh) (Entered: 03/15/1995)

RECAP
34 March 14, 1995

MOTION by plaintiffs' for leave to file second amended class action complaint and add parties instanter ; notice of motion. (cdh) (Entered: 03/15/1995)

RECAP
36 March 14, 1995

AGREED PROTECTIVE ORDER (Attachment) (cdh) (Entered: 03/15/1995)

RECAP
37 March 14, 1995

MINUTE ORDER of 3/14/95 by Hon. Blanche M. Manning : Granting parties agreed motion for entry of agreed protective order instanter [35-1]. Mailed notice (cdh) (Entered: 03/15/1995)

RECAP
38 March 14, 1995

MINUTE ORDER of 3/14/95 by Hon. Blanche M. Manning : Plaintiff's response to defendants' motion to strike [32-1] and dismiss portions of plaintiffs' first amended class action complaint [32-2] due 4/4/95. Defendants' reply brief due 4/25/95. Court will rule by mail. Mailed notice (cdh) (Entered: 03/15/1995)

RECAP
39 March 14, 1995

MINUTE ORDER of 3/14/95 by Hon. Blanche M. Manning : Granting plaintiff's motion for leave to file second amended class action complaint [34-1], Granting plaintiff's motion add parties instanter [34-2]. No notice (cdh) (Entered: 03/15/1995)

RECAP
40 March 14, 1995

SECOND AMENDED CLASS ACTION COMPLAINT by plaintiff; jury demand; adding Robert Lauterbach, Dale Fraher ; notice of filing. (cdh) (Entered: 03/15/1995)

RECAP
35 March 15, 1995

AGREED MOTION by plaintiffs', defendants', for entry of agreed protective order instanter (cdh) (Entered: 03/15/1995)

RECAP
41 March 23, 1995

ANSWER by IL St Police, Terrance W Gainer, Larry Thomas, Daniel Gillette, Craig Graham to the second amended class action complaint [40-1] ; notice of filing. (cdh) (Entered: 03/24/1995)

RECAP
42 April 3, 1995

MOTION by plaintiffs' for extension of time and for leave to file memoranda in excess of 15 pages ; notice of motion. (cdh) (Entered: 04/04/1995)

RECAP
43 April 3, 1995

MINUTE ORDER of 4/3/95 by Hon. Blanche M. Manning : Granting plaintiff's agreed motion for extension of time [42-1]. Plaintiff's memorandum in opposition to defendants' motion to strike [32-1] and dismiss portions of plaintiffs' first amended class action complaint [32-2] due by 4/25/95. Defendants' reply memorandum due by 5/16/95. Plaintiff's agreed motion to file memoranda in excess of 15 pages [42-2] is granted. Both plaintiffs and defendants given leave to file memoranda in excess of 15 pages. Mailed notice (cdh) (Entered: 04/04/1995)

RECAP
44 April 3, 1995

AGREED MOTION by defendants' to file defendants' amended answer to the second amended class action complaint ; notice of motion. (cdh) (Entered: 04/04/1995)

RECAP
45 April 3, 1995

MINUTE ORDER of 4/3/95 by Hon. Blanche M. Manning : Granting defendants agreed motion to file defendants' amended answer to the second amended class action complaint [44-1]. Mailed notice (cdh) (Entered: 04/04/1995)

RECAP
46 April 3, 1995

ANSWER by IL St Police, Terrance W Gainer, Larry Thomas, Daniel Gillette, Craig Graham to the second amended class action complaint [40-1] ; jury demand (cdh) (Entered: 04/04/1995)

RECAP
47 May 4, 1995

ATTORNEY APPEARANCE for Robert P Cesna, Trooper Butler, Dale Fraher, Robert Lauterbach by Roger Philip Flahaven and Tain D. Johnston. (cdh) (Entered: 05/05/1995)

RECAP
48 May 4, 1995

ANSWER by defendants' to the second amended class action complaint ; jury demand ; notice of filing. (cdh) (Entered: 05/05/1995)

RECAP
49 May 4, 1995

MOTION by plaintiffs' to file instanter memorandum in opposition to defendants' motion to strike and dismiss portions of plaintiffs' second amended class action complaint ; notice of motion. (cdh) (Entered: 05/05/1995)

RECAP
50 May 4, 1995

MINUTE ORDER of 5/4/95 by Hon. Blanche M. Manning : Granting plaintiffs' motion to file instanter memorandum in opposition to defendants' motion to strike and dismiss portions of plaintiffs' second amended class action complaint [49-1] is granted. Defendants' reply brief due on or before 6/5/95. No notice (cdh) (Entered: 05/05/1995)

RECAP
51 May 4, 1995

MEMORANDUM by plaintiffs' in opposition to defendants' motion to strike [32-1], motion dismiss portions of plaintiffs' first amended class action complaint [32-2] (cdh) (Entered: 05/05/1995)

RECAP
52 June 7, 1995

MOTION by defendants' for leave to file reply brief in excess of 15 pages instanter ; notice of motion. (cdh) (Entered: 06/08/1995)

RECAP
53 June 7, 1995

MINUTE ORDER of 6/7/95 by Hon. Blanche M. Manning : Granting defendants' agreed motion for leave to file reply brief in excess of 15 pages instanter [52-1]. Telephone notice (cdh) Modified on 06/08/1995 (Entered: 06/08/1995)

RECAP
55 June 7, 1995

REPLY by defendants' to plaintiffs' memorandum in opposition to defendants' motion to strike [13-1], motion to dismiss portions of plaintiff's complaint [13-2] (Exhibits) (cdh) (Entered: 06/08/1995)

RECAP
56 July 19, 1995

RESPONSE by defendants to plaintiffs' motion to expedite response to request for porduction of documents (Exhibits). (maf) (Entered: 07/19/1995)

RECAP
57 July 19, 1995

NOTICE by defendants regarding response [56-1]. (maf) (Entered: 07/19/1995)

RECAP
58 July 19, 1995

FOURTH REQUEST by plaintiffs for production of documents to the Illinois State Police . (maf) (Entered: 07/20/1995)

RECAP
59 July 19, 1995

MOTION by plaintiffs to expedite response to request for production of documents . (maf) (Entered: 07/20/1995)

RECAP
60 July 19, 1995

NOTICE by plaintiffs regarding motion to expedite response to request for production of documents [59-1] (maf) (Entered: 07/20/1995)

RECAP
61 July 19, 1995

MINUTE ORDER of 7/19/95 by Hon. Blanche M. Manning : Denying plaintiffs' motion to expedite response to request for production of documents [59-1] for the reasons stated in open court. No notice (maf) (Entered: 07/20/1995)

RECAP
62 Oct. 2, 1995

RESPONSE by defendants to plaintiffs' motion to compel production of documents to the Illinois State Police [58-1]; (Exhibits) Notice of filing. (maf) (Entered: 10/04/1995)

RECAP
63 Oct. 3, 1995

MOTION by plaintiff to compel production of documents ; Notice of motion. (maf) (Entered: 10/05/1995)

RECAP
64 Oct. 3, 1995

MINUTE ORDER of 10/3/95 by Hon. Blanche M. Manning: Plaintiff's motion to compel production of documents [63-1] continued to 10/10/95 at 10:00 a.m. No notice (maf) (Entered: 10/05/1995)

RECAP
65 Oct. 10, 1995

MINUTE ORDER of 10/10/95 by Hon. Blanche M. Manning: Plaintiff's motion to compel [63-1] is granted in part. Parties to submit order to this court. Mailed notice (maf) (Entered: 10/11/1995)

RECAP
66 Oct. 23, 1995

ORDER regarding motion to compel production of documents [58-1]. (maf) (Entered: 10/23/1995)

RECAP
67 Oct. 23, 1995

MINUTE ORDER of 10/23/95 by Hon. Blanche M. Manning: It is hereby ordered that plaintiff's motion to compel production of documents [58-1] is granted in part. Defendants will produce by 12/04/95 copies of all documents in the facility employee files maintained in the 11 Illinois State Police district offices which have had at any time since 01/01/90 designated Valkyrie officers, which relate to completed investigations of complaints initiated from 01/01/90 to the present concerning troopers' or sergeants' treatment of motorists. Mailed notice (maf) (Entered: 10/23/1995)

RECAP
68 Oct. 24, 1995

REPLY by defendants to plaintiffs' October 24 letter to this court; Notice of filing. (maf) (Entered: 10/24/1995)

RECAP
69 Oct. 25, 1995

MOTION by defendants for a protective order ; Notice of motion. (Temporarily unavailable for docketing) (maf) (Entered: 11/06/1995)

RECAP
70 Oct. 25, 1995

MEMORANDUM of law by defendants in support of their motion for a protective order [69-1] (Exhibits). (Temporarily unavailable for docketing) (maf) (Entered: 11/06/1995)

RECAP
71 Nov. 3, 1995

MINUTE ORDER of 11/3/95 by Hon. Blanche M. Manning: Enter order nunc pro tunc as of 10/25/95. Defendants' motion for a protective order [69-1] is denied for the reasons stated in open court. Defendant to furnich information requested by plaintiff within 14 days. Fact discovery to be coompleted by 12/29/95. Mailed notice (maf) (Entered: 11/06/1995)

RECAP
72 Nov. 7, 1995

MOTION by plaintiffs for certification of plaintiff class ; Notice of motion. (maf) (Entered: 11/08/1995)

RECAP
73 Nov. 7, 1995

MEMORANDUM by plaintiffs in support of plaintiffs' motion to maintain class action [72-1]; Notice of filing. (maf) (Entered: 11/08/1995)

RECAP
74 Nov. 7, 1995

MINUTE ORDER of 11/7/95 by Hon. Blanche M. Manning: Answer brief to motion for certification of plaintiff class [72-1] due 12/08/95. Reply to answer brief due 11/22/95. Court will rule by mail. Mailed notice (maf) (Entered: 11/08/1995)

RECAP
75 Nov. 16, 1995

MOTION by plaintiffs for leave to take additional depositions, and to extend fact discovery deadline (Exhibit); Notice of motion. (fce) (Entered: 11/17/1995)

RECAP
76 Nov. 16, 1995

MINUTE ORDER of 11/16/95 by Hon. Blanche M. Manning : Granting plaintiffs' motion for leave to take additional depositions [75-1], and to extend fact discovery deadline [75-2] in part to the extent as stated in open court. Fact discovery to be completed by 03/31/96 . Status hearing set for 9:30 a.m. on 2/5/95. Mailed notice (fce) (Entered: 11/17/1995)

RECAP
77 Dec. 12, 1995

MOTION by defendants to extend the briefing schedule for motion for class certification ; Notice of motion. (maf) (Entered: 12/13/1995)

RECAP
78 Dec. 12, 1995

MINUTE ORDER of 12/12/95 by Hon. Blanche M. Manning: Defendants' motion to extend the briefing schedule for motion for class certification [77-1] is granted. Defendants' response to plaintiffs' motion for class certification [72-1] due by 12/22/95. Plaintiffs' reply brief due by 01/12/96. Mailed notice (maf) (Entered: 12/13/1995)

RECAP
79 Dec. 22, 1995

MEMORANDUM by defendants in opposition to plaintiffs' motion for class certification [72-1] (Exhibits); Notice of filing. (maf) (Entered: 12/26/1995)

RECAP
80 Dec. 28, 1995

MOTION by plaintiffs for protective order ; Notice of motion. (maf) (Entered: 12/29/1995)

RECAP
81 Dec. 28, 1995

MINUTE ORDER of 12/28/95 by Hon. Blanche M. Manning: Plaintiffs' motion for a protective order [80-1] is denied in its entirety. (See reverse of minute order.) Mailed notice (maf) (Entered: 12/29/1995)

RECAP
82 Jan. 12, 1996

REPLY MEMORANDUM by plaintiffs in support of motion for class certification [72-1] (Exhibits); Notice of filing. (yap) (Entered: 01/16/1996)

RECAP
83 Jan. 18, 1996

MOTION by plaintiffs for leave to file memorandum of law in excess of fifteen pages instanter ; Notice of motion. (maf) (Entered: 01/19/1996)

RECAP
84 Jan. 18, 1996

MINUTE ORDER of 1/18/96 by Hon. Blanche M. Manning : Motion for leave to file memorandum of law in excess of fifteen pages instanter [83-1] granted. No notice (maf) (Entered: 01/19/1996)

RECAP
85 Jan. 29, 1996

MEMORANDUM by plaintiffs in opposition to defendants' motion for protective order (Exhibits); Notice of filing. (fce) (Entered: 01/30/1996)

RECAP
86 Jan. 30, 1996

MOTION by defendants for a protective order regarding inadvertent disclosure of a document protected by the attorney/client privilege (Exhibits); Notice of motion. (maf) (Entered: 02/02/1996)

RECAP
87 Jan. 30, 1996

MEMORANDUM by plaintiffs in opposition to defendants' motion for a protective order [86-1] (Exhibits); Notice of filing. (maf) (Entered: 02/02/1996)

RECAP
88 Jan. 30, 1996

MINUTE ORDER of 1/30/96 by Hon. Blanche M. Manning: Status hearing reset to 02/09/96 at 9:30 a.m. Motion for a protective order regarding inadvertent disclosure of a document protected by the attorney/client privilege [86-1] taken under advisement. Ruling set for 02/29/96, at 9:30 a.m. No notice (maf) (Entered: 02/02/1996)

RECAP
89 Feb. 9, 1996

MEMORANDUM AND ORDER (maf) (Entered: 02/12/1996)

Clearinghouse
90 Feb. 9, 1996

MINUTE ORDER of 2/9/96 by Hon. Blanche M. Manning: Enter memornadum and order. Defendant's motion for a protective order [86-1] is granted in that little prejudice befalls either party at this point. Further, plaintiffs' motion to order Kevin Each to filly answer plaintiffs' deposition questions about the content of conversations relating to the memo is denied and plaintiffs' motion to order defendants to produce documents, even if formerly privileged, which address the same subject as the Eack memorandum to plaintiffs within ten days of their motion is also denied. No notice (maf) (Entered: 02/12/1996)

RECAP
91 Feb. 9, 1996

MEMORANDUM AND ORDER (maf) (Entered: 02/13/1996)

Clearinghouse
92 Feb. 9, 1996

MINUTE ORDER of 2/9/96 by Hon. Blanche M. Manning: Status hearing held; continued to 02/16/96 at 9:30 a.m. Enter memorandum and order. Defendant's motion to strike plaintiff's request for equitable relief [13-1] will be denied pursuant to 12(b)(1) and granted pursuant to 12(b)(6); Defendant's motion to strike plaintiff's right to travel claims [32-1] will be denied pursuant to 12(b)(1) and granted pursuant to 12(b)(6); defendant's motion to dismiss plaintiff's conspiracy claims [13-2] will be granted and defendant's motion to dismiss count II of plaintiff's complaint [32-2] will be denied for the reasons stated in the attached memorandum. Mailed notice (maf) (Entered: 02/13/1996)

RECAP
Feb. 14, 1996

SCHEDULE set on 2/14/96 by Hon. Blanche M. Manning : Status hearing reset to 9:30 2/23/96 . No notice (or)

93 Feb. 23, 1996

MOTION by plaintiffs to extend deadline for completion of fact discovery ; Notice of motion. (maf) (Entered: 02/27/1996)

RECAP
94 Feb. 23, 1996

MINUTE ORDER of 2/23/96 by Hon. Blanche M. Manning: Status hearing held. Plaintiff's oral motion for leave to file motion for clarification [0-1] is granted. Motion is due 03/08/96. In camera inspection of personnel files of troopers who have been noticed is scheduled for 03/04/96 at 2:00 p.m. Plaintiff's motion extend deadline for completion of fact discovery [93-1] is entered and continued to 03/04/96. No notice (maf) (Entered: 02/27/1996)

RECAP
Feb. 23, 1996

ORAL MOTION by plaintiffs for leave to file motion for clarification . (maf)

98 March 4, 1996

ORDER (maf) (Entered: 03/20/1996)

RECAP
99 March 4, 1996

MINUTE ORDER of 3/4/96 by Hon. Blanche M. Manning: Status hearing set for 04/08/96 at 9:30 a.m. Enter order. Defendant's to produce by 03/25/96 all documents in the facility employee files maintained in the Illinois State Police District Offices. Discovery cut-off is extended to and including 05/24/96. Parties are limited to 30 depositions per side, including all depositions previously taken. Briefing schedule is set on plaintiffs' motion for clarification [95-1] and for reconsideration [95-2] as follows: Plaintiffs' memorandum is due 03/08/96. Defendants' response is due on 03/18/96. Plaintifs' reply, if any, is due on 03/22/96. Defendants' motion to require plaintiffs to return an inadvertently produced document is taken under advisement. Mailed notice (maf) (Entered: 03/20/1996)

RECAP
95 March 8, 1996

MOTION by plaintiff for clarification and for reconsideration ; Notice of motion. (maf) (Entered: 03/11/1996)

RECAP

Case Details

State / Territory:

Illinois

Case Type(s):

Policing

Special Collection(s):

Traffic Stop Litigation

Key Dates

Filing Date: Aug. 30, 1994

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who in the past had been, and in the future would be, unlawfully stopped, detained, or searched by the ISP in accordance with their practice of improperly stopping motorists on the basis of race.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Illinois State of Police

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Right to travel

Unreasonable search and seizure

Other Dockets:

Northern District of Illinois 1:94-cv-05307

U.S. Court of Appeals for the Seventh Circuit 99-03691

U.S. Court of Appeals for the Seventh Circuit 00-01462

Northern District of Illinois 94-05037

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Racial profiling

Discrimination Basis:

Race discrimination

Policing:

Traffic Stops

Recommended Citation