Case: Smith v. City of Chicago

1:06-cv-06423 | U.S. District Court for the Northern District of Illinois

Filed Date: Nov. 22, 2006

Case Ongoing

Clearinghouse coding complete

Case Summary

This civil rights class action lawsuit challenged the Chicago Police Department’s asset forfeiture program. The named plaintiffs were persons who had property seized and detained by the Chicago Police Department pursuant to the Illinois Drug Asset Forfeiture Procedure Act (725 ILCS 150) and who had not been afforded a prompt post-seizure hearing to determine probable cause for the property seizure. On November 2, 2006, the plaintiffs filed their initial complaint against the City of Chicago, Su…

This civil rights class action lawsuit challenged the Chicago Police Department’s asset forfeiture program. The named plaintiffs were persons who had property seized and detained by the Chicago Police Department pursuant to the Illinois Drug Asset Forfeiture Procedure Act (725 ILCS 150) and who had not been afforded a prompt post-seizure hearing to determine probable cause for the property seizure. On November 2, 2006, the plaintiffs filed their initial complaint against the City of Chicago, Superintendent of Police of the Chicago Police Department, and the Cook County State’s Attorney pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Illinois. The plaintiffs argued that the defendants had violated their Fourth Amendment right to be free from unreasonable seizures of their property as well as their Fourteenth Amendment right not to be deprived of their property without due process of law. Represented by private counsel and the Mandel Legal Aid Clinic at the University of Chicago Law School, the plaintiffs sought declaratory and injunctive relief. U.S. District Judge Elaine E. Bucklo was assigned to the case.

On February 22, 2007, the district court dismissed the complaint by relying on Jones v. Takaki, 38 F.3d 321 (7th Cir. 1994), which upheld the constitutionality of existing civil forfeiture procedures. Accordingly, the district court denied the plaintiffs’ motion for class certification as moot. The plaintiffs subsequently appealed to the U.S. Court of Appeals for the Seventh Circuit. On May 2, 2008, the Seventh Circuit reversed and remanded, finding that some type of mechanism must be available to test the validity of the retention of seized property. 524 F.3d 834. The defendants then filed a writ of certiorari with the U.S. Supreme Court.

The U.S. Supreme Court granted certiorari on February 23, 2009. However, the Court learned at oral argument that the defendants had returned all seized property, thus mooting the case. As a result, on December 8, 2009, the U.S. Supreme Court vacated the judgment of the Court of Appeals and remanded with instructions to dismiss pursuant to its decision in Munsingwear. 558 U.S. 87. On remand, the Court of Appeals held that remand to the district court was appropriate for consideration of the due process claim that was not rendered moot by the return of the seized property. 365 F. App’x 20. Back in the district court, the defendants moved to dismiss and for denial of class certification. On March 30, 2011, the district court found that mootness of an individual plaintiff’s claim did not moot claims of the uncertified class, that dismissal of criminal proceedings against a putative class representative did not make his claim atypical of the class, and that certification of the class was warranted.

The plaintiffs moved to file an amended complaint seeking to change some of the class representatives and seeking individual claims for money damages. On August 16, 2010, the plaintiffs’ motion was granted. On April 22, 2011, the plaintiffs moved to file a second amended complaint to add an additional class representative. This motion was granted on July 7, 2011.

On October 4, 2011, this case was referred to Magistrate Judge Jeffrey Cole to hold settlement proceedings. After several settlement conferences, the City of Chicago and the former Superintendent of Police of the Chicago Police Department reached a settlement with the plaintiffs. The settlement agreement was filed on June 21, 2012.

Pursuant to the settlement agreement, the plaintiffs agreed to dismiss with prejudice all individual claims for damages against the defendants, with each side bearing its own costs and attorneys’ fees. In exchange for the release of these claims, the City of Chicago agreed to pay the plaintiffs $21,000. The parties also agreed that one of the named plaintiffs would enter into a separate settlement agreement with the defendants with respect to her claims for monetary damages on behalf of herself, and injunctive and declaratory relief on behalf of herself and the class certified in this case. When the court granted final approval of the settlement agreement on October 1, 2012, it noted that the parties had since agreed that the plaintiffs would also receive $450,000 in attorneys’ fees and costs. 

On October 5, 2012, the court entered final judgment in this case.

Summary Authors

Saba Khan (1/1/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4251668/parties/smith-v-city-of-chicago/

Documents in the Clearinghouse
1

1:06-cv-06423

Class Action Complaint

Nov. 22, 2006

Nov. 22, 2006

Complaint

07-01599

Opinion

U.S. Court of Appeals for the Seventh Circuit

May 2, 2008

May 2, 2008

Order/Opinion

524 F.3d 834

08-00351

Opinion

Alvarez v. Smith

Supreme Court of the United States

Dec. 8, 2009

Dec. 8, 2009

Order/Opinion

558 U.S. 87

07-01599

Order

U.S. Court of Appeals for the Seventh Circuit

Feb. 12, 2010

Feb. 12, 2010

Order/Opinion

365 Fed.Appx. 20

100

1:06-cv-06423

Amended Class Action Complaint

Aug. 16, 2010

Aug. 16, 2010

Complaint
176

1:06-cv-06423

Statement

March 30, 2011

March 30, 2011

Order/Opinion

273 F.R.D. 413

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4251668/smith-v-city-of-chicago/

Last updated April 15, 2026, 5:40 a.m.

ECF Number Date Description Link
1 Nov. 22, 2006

COMPLAINT filed by Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez. (td, ) (Entered: 11/28/2006)

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2 Nov. 22, 2006

CIVIL Cover Sheet. (td, ) (Entered: 11/28/2006)

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3 Nov. 22, 2006

ATTORNEY Appearance for Plaintiffs Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez by Thomas M. Peters. (td, ) (Entered: 11/28/2006)

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4 Nov. 22, 2006

ATTORNEY Appearance for Plaintiffs Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez by Jayne Anne Ingles. (td, ) (Entered: 11/28/2006)

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5 Nov. 22, 2006

ATTORNEY Appearance for Plaintiffs Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez by Kevin R. Peters. (td, ) (Entered: 11/28/2006)

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7 Nov. 22, 2006

SUMMONS Issued as to Defendants City Of Chicago, Philip J Cline, Richard Devine. (td, ) (Entered: 11/28/2006)

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8 Dec. 18, 2006

SUMMONS Returned Executed by Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez as to Philip J Cline on 12/1/2006, answer due 12/21/2006. (Peters, Thomas) (Entered: 12/18/2006)

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9 Dec. 18, 2006

SUMMONS Returned Executed by Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez as to City Of Chicago on 11/28/2006, answer due 12/18/2006. (Peters, Thomas) (Entered: 12/18/2006)

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10 Dec. 18, 2006

SUMMONS Returned Executed by Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez (Attachments: # 1 Certificate of Service Notice to Process Server)(Peters, Thomas) (Entered: 12/18/2006)

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11 Dec. 21, 2006

ATTORNEY Appearance for Defendant Richard Devine by John P. Heil, Jr (Heil, John) (Entered: 12/21/2006)

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12 Dec. 21, 2006

MOTION by Defendant Richard Devine for extension of time to file answer, move or otherwise plead (Heil, John) (Entered: 12/21/2006)

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13 Dec. 21, 2006

NOTICE of Motion by John P. Heil, Jr for presentment of motion for extension of time to file answer 12 before Honorable Elaine E. Bucklo on 12/28/2006 at 09:15 AM. (Heil, John) (Entered: 12/21/2006)

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14 Dec. 22, 2006

MINUTE entry before Judge Elaine E. Bucklo :Moving defendant's motion for extension of time until 1/29/07 to answer or otherwise plead 12 is granted.Scheduling Conference set for 2/16/2007 at 09:45 AM.At least three days prior to the conference, the parties shall meet and submit to the court a report in the form found on Judge Bucklo's web page under Report of Parties' Planning Meeting.Mailed notice (mpj, ) (Entered: 12/22/2006)

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15 Dec. 26, 2006

ATTORNEY Appearance for Defendants City Of Chicago, Philip J Cline by Allan T. Slagel (Slagel, Allan) (Entered: 12/26/2006)

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16 Dec. 26, 2006

MOTION by Defendants City Of Chicago, Philip J Cline for extension of time to file answer regarding complaint 1 or file other responsive pleading (Slagel, Allan) (Entered: 12/26/2006)

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17 Dec. 26, 2006

NOTICE of Motion by Allan T. Slagel for presentment of motion for extension of time to file answer, motion for relief 16 before Honorable Elaine E. Bucklo on 1/3/2007 at 09:15 AM. (Slagel, Allan) (Entered: 12/26/2006)

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18 Dec. 26, 2006

ATTORNEY Appearance for Defendants City Of Chicago, Philip J Cline by Kim Renee Walberg (Walberg, Kim) (Entered: 12/26/2006)

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19 Dec. 29, 2006

MINUTE entry before Judge Elaine E. Bucklo :Moving defendants' motion for extension of time until 2/9/07 to answer or otherwise plead 16 is granted.Mailed notice (mpj, ) (Entered: 12/29/2006)

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20 Jan. 3, 2007

ATTORNEY Appearance for Defendants City Of Chicago, Philip J Cline by Suzanne L Sias (Sias, Suzanne) (Entered: 01/03/2007)

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21 Jan. 25, 2007

MOTION by Defendant Richard Devine for extension of time to file answer, move or otherwise plead (Heil, John) (Entered: 01/25/2007)

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22 Jan. 25, 2007

NOTICE of Motion by John Paul Heil, Jr for presentment of motion for extension of time to file answer 21 before Honorable Elaine E. Bucklo on 1/30/2007 at 09:15 AM. (Heil, John) (Entered: 01/25/2007)

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23 Jan. 25, 2007

MINUTE entry before Judge Elaine E. Bucklo :Defendant Richard Devine's motion for extension of time until 2/20/07 to to answer or otherwise plead 21 is granted.Scheduling Conference set for 2/16/07 is reset for 3/9/2007 at 09:45 AM.Mailed notice (mpj, ) (Entered: 01/25/2007)

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24 Feb. 2, 2007

MOTION by Defendants City Of Chicago, Philip J Cline for extension of time to file answer regarding complaint 1 or otherwise plead (Attachments: # 1 Exhibit 1)(Slagel, Allan) (Entered: 02/02/2007)

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25 Feb. 2, 2007

NOTICE of Motion by Allan T. Slagel for presentment of motion for extension of time to file answer, motion for relief 24 before Honorable Elaine E. Bucklo on 2/8/2007 at 09:15 AM. (Slagel, Allan) (Entered: 02/02/2007)

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26 Feb. 5, 2007

MINUTE entry before Judge Elaine E. Bucklo :Defendants' motion for extension of time until 2/20/07 to to answer or otherwise plead 24 is granted.Mailed notice (mpj, ) (Entered: 02/05/2007)

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27 Feb. 12, 2007

MINUTE entry before Judge Elaine E. Bucklo :Scheduling Conference set for 3/15/2007 at 09:30 AM. At least three days prior to the conference, the parties shall meet and submit to the court a report in the form found on Judge Bucklo's web page under Report of Parties' Planning Meeting.Mailed notice (mpj, ) (Entered: 02/12/2007)

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28 Feb. 16, 2007

MOTION by Defendants City Of Chicago, Philip J Cline to dismiss Plaintiffs' Class Action Complaint (Slagel, Allan) (Entered: 02/16/2007)

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29 Feb. 16, 2007

MEMORANDUM by City Of Chicago, Philip J Cline in support of motion to dismiss 28 (Attachments: # 1 Exhibit A)(Slagel, Allan) (Entered: 02/16/2007)

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30 Feb. 16, 2007

CERTIFICATE OF SERVICE and NOTICE of Motion by Allan T. Slagel for presentment of motion to dismiss 28 before Honorable Elaine E. Bucklo on 2/22/2007 at 09:30 AM. (Slagel, Allan) (Entered: 02/16/2007)

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31 Feb. 16, 2007

MOTION by Plaintiffs Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez to certify class (Peters, Thomas) (Entered: 02/16/2007)

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32 Feb. 16, 2007

NOTICE of Motion by Thomas M. Peters for presentment of motion to certify class 31 before Honorable Elaine E. Bucklo on 2/22/2007 at 09:30 AM. (Peters, Thomas) (Entered: 02/16/2007)

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33 Feb. 20, 2007

MOTION by Defendant Richard Devine to dismiss (Heil, John) (Entered: 02/20/2007)

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34 Feb. 20, 2007

NOTICE of Motion by John Paul Heil, Jr for presentment of motion to dismiss 33 before Honorable Elaine E. Bucklo on 2/26/2007 at 09:30 AM. (Heil, John) (Entered: 02/20/2007)

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35 Feb. 20, 2007

MEMORANDUM by Richard Devine in support of motion to dismiss 33 (Heil, John) (Entered: 02/20/2007)

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36 Feb. 21, 2007

RESPONSE by Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez to MOTION by Defendant Richard Devine to dismiss 33 (Peters, Thomas) (Entered: 02/21/2007)

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37 Feb. 21, 2007

NOTICE by all plaintiffs re response to motion 36 (Peters, Thomas) (Entered: 02/21/2007)

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38 Feb. 22, 2007

MINUTE entry before Judge Elaine E. Bucklo :Defendants motions (28 and 33) to dismiss complaint heard and the motions are granted. As plaintiffs counsel admits, this court is bound by the decision in Jones Vs. Takaki, 38 F. 3rd 321 (7th Cir. 1994) plaintiffs' motion to certify class (31) is denied as moot. ; Civil case terminated. Mailed notice (mpj, ) (Entered: 02/22/2007)

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39 Feb. 22, 2007

ENTERED JUDGMENT Signed by Judge Elaine E. Bucklo on 2/22/2007:Mailed notice(mpj, ) (Entered: 02/22/2007)

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40 March 15, 2007

NOTICE of appeal by Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez regarding orders 38, 39 ; Filing fee $ 455.00 paid; Receipt number 106469 (dj, ) (Entered: 03/19/2007)

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41 March 15, 2007

DOCKETING Statement by Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez regarding notice of appeal 40 (dj, ) (Entered: 03/19/2007)

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42 March 19, 2007

TRANSMITTED to the 7th Circuit the short record on 3/19/07 notice of appeal 40 . Notified counsel (dj, ) (Entered: 03/19/2007)

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44 March 19, 2007

ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 40 ; USCA Case No. 07-1599. (gej, ) (Entered: 03/22/2007)

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43 March 20, 2007

ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 40 ; USCA Case No. 07-1599. (gej, ) (Entered: 03/21/2007)

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45 April 5, 2007

TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 40 (USCA no. 07-1599) consisting of 1 volume of pleadings. (dj, ) (Entered: 04/05/2007)

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46 April 5, 2007

USCA RECEIVED on 4/5/07 the long record regarding notice of appeal 40 (dj, ) (Entered: 04/09/2007)

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47 May 2, 2008

MINUTE entry before Judge Honorable Elaine E. Bucklo: Status hearing set for 5/22/2008 at 09:30 AM.Mailed notice (mpj, ) (Entered: 05/02/2008)

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48 May 22, 2008

MINUTE entry before the Honorable Elaine E. Bucklo: Status hearing held and continued to 7/2/2008 at 10:00a.m.Mailed notice (slb, ) (Entered: 05/22/2008)

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49 June 19, 2008

MOTION by Plaintiffs Tyhesha Brunston, Michelle Waldo, Kirk Yunker, Tony Williams, Chermane Smith, Edmanuel Perez to certify class (AMENDED) (Peters, Thomas) (Entered: 06/19/2008)

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50 June 19, 2008

NOTICE of Motion by Thomas M. Peters for presentment of motion to certify class 49 before Honorable Elaine E. Bucklo on 7/2/2008 at 09:30 AM. (Peters, Thomas) (Entered: 06/19/2008)

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51 June 24, 2008

LETTER from the USCA retaining the record on appeal in USCA no. 07-1599 consisting of 1 volume of pleadings. (gej, ) (Entered: 06/26/2008)

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52 June 24, 2008

MANDATE of USCA dated 5/2/2008 regarding notice of appeal 40 ; USCA No. 07-1599; The judgment of the District Court is Reversed, with costs, and Remanded in accordance with the decision of this court entered on this date. (gej, ) (Entered: 06/26/2008)

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53 June 24, 2008

OPINION from the USCA for the 7th Circuit; Argued 1/11/2008; Decided 5/2/2008 in USCA case no. 07-1599. (gej, ) (Entered: 06/26/2008)

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54 June 25, 2008

LETTER from the Seventh Circuit returning the record on appeal in USCA no. 07-1599 consisting of 1 volume of pleadings. (gej, ) (Entered: 06/27/2008)

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55 July 2, 2008

MINUTE entry before the Honorable Elaine E. Bucklo:Plaintiffs' motion to certify class 49 is entered and continued. Case reopened. Status hearing set for 8/1/2008 at 09:45 AM. If the case is going forward, parties to electronically file a proposed scheduling order for entry prior to next status. Mailed notice (mpj, ) (Entered: 07/02/2008)

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56 July 7, 2008

CERTIFIED copy of order dated 7/3/2008 from the 7th Circuit regarding notice of appeal 40 ; Appellate case no. : 07-1599; It is ordered that #1 is granted. The mandate in 07-1599 is recalled and hereby stayed pending the filing of a petition to the Supreme Court for writ of certiorari: See F.R.A.P.41(d). (gej, ) (Entered: 07/09/2008)

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57 July 28, 2008

MINUTE entry before the Honorable Elaine E. Bucklo: The court of appeals having recalled its mandate, status hearing set for 8/1/08 is now vacated and the case is terminated.Civil case terminated. Mailed notice (mpj, ) (Entered: 07/28/2008)

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58 July 23, 2009

CERTIFIED copy of order dated 7/22/2009 from the Seventh regarding notice of appeal 40 ; Appellate case no. : 07-1599. The original record on appeal has been returned to the District Court upon issuance of thisCourt's mandate. This Court, by copy of this document, requests the District Court totransmit the record directly to the Supreme Court. (hp, ) (Entered: 07/24/2009)

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59 July 29, 2009

TRANSMITTED to the U.S Supreme Court the long record on appeal 40 . (dj, ) (Entered: 07/29/2009)

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60 Aug. 18, 2009

U.S. Supreme Court RECEIVED on 8/18/09 the long record regarding notice of appeal 40 (dj, ) (Entered: 08/20/2009)

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61 March 31, 2010

LETTER from the Supreme Ct returning the record on appeal in S.C.no.08-351 (dj, ) (Entered: 04/01/2010)

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62 April 23, 2010

LETTER from the Seventh Circuit regarding the record on appeal in USCA no. 07-1599; No record to be returned. (gmr, ) (Entered: 04/26/2010)

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63 April 23, 2010

MANDATE of USCA dated 2/12/2010 regarding notice of appeal 40 ; USCA No. 07-1599; We Vacate our judgment and Remand to the district court for consideration, or reconsideration, of issues that are not moot. This in accordance with the decision of this court entered on this date. (gmr, ) (Entered: 04/26/2010)

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64 April 23, 2010

CERTIFIED copy of order dated 2/12/2010 from the Seventh Circuit regarding notice of appeal 40 ; Appellate case no. : 07-1599; For the reasons, we believe the best course of action for us to take at this time is to vacate our judgment and to remand the case to the district court for consideration, or reconsideration, of issues that are not moot. So Ordered. (gmr, ) (Entered: 04/26/2010)

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65 May 10, 2010

MOTION by Plaintiffs Tyhesha Brunston, Edmanuel Perez, Chermane Smith for leave to file Amended Complaint (Attachments: # 1 Exhibit, # 2 Exhibit)(Peters, Thomas) (Entered: 05/10/2010)

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66 May 10, 2010

NOTICE of Motion by Thomas M. Peters for presentment of motion for leave to file 65 before Honorable Elaine E. Bucklo on 5/13/2010 at 09:30 AM. (Peters, Thomas) (Entered: 05/10/2010)

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67 May 12, 2010

ATTORNEY Appearance for Defendants City Of Chicago, Philip J Cline by Heather Ann Jackson (Jackson, Heather) (Entered: 05/12/2010)

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68 May 13, 2010

MINUTE entry before Honorable Elaine E. Bucklo:Plaintiff's motion for leave to file 65 amended complaint heard on 5/13/10 and the motion is entered and continued. Set deadlines/hearing as to motion for leave to file 65 : Responses due by 6/3/2010. Replies due by 6/10/2010. Ruling set for 6/24/2010 at 09:30 AM. Mailed notice (mpj, ) (Entered: 05/13/2010)

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69 May 17, 2010

MOTION by Plaintiffs Tyhesha Brunston, Edmanuel Perez, Chermane Smith, Maria Villasenor, Mark Edwards, Latoya Swanigan to certify class Second Amended Motion for Class Certification (Peters, Thomas) (Entered: 05/17/2010)

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70 May 17, 2010

NOTICE of Motion by Thomas M. Peters for presentment of motion to certify class 69 before Honorable Elaine E. Bucklo on 5/20/2010 at 09:30 AM. (Peters, Thomas) (Entered: 05/17/2010)

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71 May 19, 2010

MINUTE entry before Honorable Elaine E. Bucklo:Defendants shall respond to plaintiffs' motion to certify class in their response to the motion to amend the complaint, on which there is already a briefing schedule. No appearance is needed in court tomorrow.Mailed notice (mpj, ) (Entered: 05/19/2010)

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72 May 26, 2010

ATTORNEY Appearance for Plaintiffs Tyhesha Brunston, Mark Edwards, Edmanuel Perez, Chermane Smith, Latoya Swanigan, Maria Villasenor by Thomas M. Peters (Peters, Thomas) (Entered: 05/26/2010)

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73 May 27, 2010

MOTION by Defendants City Of Chicago, Philip J Cline to withdraw (Sias, Suzanne) (Entered: 05/27/2010)

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74 May 27, 2010

NOTICE of Motion by Suzanne L Sias for presentment of motion to withdraw 73 before Honorable Elaine E. Bucklo on 6/3/2010 at 09:30 AM. (Sias, Suzanne) (Entered: 05/27/2010)

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75 June 1, 2010

MINUTE entry before Honorable Elaine E. Bucklo:Defendants' motion to withdraw 73 appearance of Susan L. Sias is granted.Mailed notice (mpj, ) (Entered: 06/01/2010)

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76 June 1, 2010

ATTORNEY Appearance for Defendant Richard Devine by Paul Anthony Castiglione Appearance for State's Attorney Anita Alvarez (Castiglione, Paul) (Entered: 06/01/2010)

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77 June 2, 2010

MOTION by Defendants City Of Chicago, Philip J Cline for extension of time to file response/reply as to motion for leave to file 65 AGREED (Jackson, Heather) (Entered: 06/02/2010)

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78 June 2, 2010

NOTICE of Motion by Heather Ann Jackson for presentment of motion for extension of time to file response/reply, motion for relief 77 before Honorable Elaine E. Bucklo on 6/7/2010 at 09:30 AM. (Jackson, Heather) (Entered: 06/02/2010)

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79 June 2, 2010

MOTION by Defendants City Of Chicago, Philip J Cline for extension of time to file response/reply as to motion to certify class 69 AND LEAVE TO TAKE DISCOVERY AGREED (Jackson, Heather) (Entered: 06/02/2010)

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80 June 2, 2010

NOTICE of Motion by Heather Ann Jackson for presentment of motion for extension of time to file response/reply, motion for relief 79 before Honorable Elaine E. Bucklo on 6/7/2010 at 09:30 AM. (Jackson, Heather) (Entered: 06/02/2010)

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81 June 2, 2010

MINUTE entry before Honorable Elaine E. Bucklo:Defendants' motion for extension of time to file response/reply regarding MOTION by Plaintiffs Tyhesha Brunston, Edmanuel Perez, Chermane Smith for leave to file Amended Complaint (65] 77 is granted.Defendants' motion for additional time to file response to plaintiff's motion for class certification and leave to take discovery (79) is also granted. Accordingly, briefing schedule set on motion for class certification is now vacated. Reset deadlines/hearing as to motion for leave to file amended complaint 65 : Defendants' responses due by 6/17/10; and any replies by 7/1/10. Ruling set for on 8/6/2010 at 10:00 AM. Mailed notice (mpj, ) (Entered: 06/02/2010)

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82 June 17, 2010

RESPONSE by City Of Chicago, Philip J Cline to MOTION by Plaintiffs Tyhesha Brunston, Edmanuel Perez, Chermane Smith for leave to file Amended Complaint 65 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Jackson, Heather) (Entered: 06/17/2010)

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83 June 17, 2010

RESPONSE by Anita Alvarezin Opposition to MOTION by Plaintiffs Tyhesha Brunston, Edmanuel Perez, Chermane Smith for leave to file Amended Complaint 65 (Castiglione, Paul) (Incorrect document was linked.) Modified on 6/18/2010 (tc, ). (Entered: 06/17/2010)

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84 June 17, 2010

NOTICE by Anita Alvarez re response in opposition to motion 83 for leave to file an amended complaint (Castiglione, Paul) (Entered: 06/17/2010)

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88 June 17, 2010

ATTORNEY Appearance for Defendant Anita Alvarez by Alan Jay Spellberg. (jj, ) (Entered: 06/21/2010)

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85 June 18, 2010

NOTICE of Correction regarding 83 . (tc, ) (Entered: 06/18/2010)

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86 June 18, 2010

RESPONSE by Anita Alvarezin Opposition to MOTION by Plaintiffs Tyhesha Brunston, Edmanuel Perez, Chermane Smith for leave to file Amended Complaint 65 (Castiglione, Paul) (Entered: 06/18/2010)

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87 June 18, 2010

NOTICE by Anita Alvarez re response in opposition to motion 86 of plaintiffs for leave to file an amended complaint (Castiglione, Paul) (Entered: 06/18/2010)

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89 July 1, 2010

REPLY by Tyhesha Brunston, Mark Edwards, Edmanuel Perez, Chermane Smith, Latoya Swanigan, Maria Villasenor to MOTION by Plaintiffs Tyhesha Brunston, Edmanuel Perez, Chermane Smith for leave to file Amended Complaint 65, response to motion 82, response in opposition to motion 86 (Peters, Thomas) (Entered: 07/01/2010)

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90 July 1, 2010

NOTICE by Tyhesha Brunston, Mark Edwards, Edmanuel Perez, Chermane Smith, Latoya Swanigan, Maria Villasenor re reply to response to motion, 89 (Peters, Thomas) (Entered: 07/01/2010)

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91 July 15, 2010

SUR-REPLY by Defendants City Of Chicago, Philip J Cline to motion for leave to file 65 Motion for Leave to File Surreply (Attachments: # 1 Exhibit A)(Jackson, Heather) (Entered: 07/15/2010)

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92 July 15, 2010

MOTION by Defendants City Of Chicago, Philip J Cline for leave to file Surreply (Attachments: # 1 Exhibit A)(Jackson, Heather) (Entered: 07/15/2010)

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93 July 15, 2010

NOTICE of Motion by Heather Ann Jackson for presentment of motion for leave to file 92 before Honorable Elaine E. Bucklo on 8/3/2010 at 09:30 AM. (Jackson, Heather) (Entered: 07/15/2010)

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94 July 22, 2010

MINUTE entry before Honorable Elaine E. Bucklo:Defendants' motion for leave to file sur-reply 92 is taken under advisement.Mailed notice (mpj, ) (Entered: 07/22/2010)

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95 July 29, 2010

RESPONSE by Tyhesha Brunston, Mark Edwards, Edmanuel Perez, Chermane Smith, Latoya Swanigan, Maria Villasenor to MOTION by Defendants City Of Chicago, Philip J Cline for leave to file Surreply 92 (Peters, Thomas) (Entered: 07/29/2010)

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96 July 29, 2010

NOTICE by Tyhesha Brunston, Mark Edwards, Edmanuel Perez, Chermane Smith, Latoya Swanigan, Maria Villasenor re response to motion 95 (Peters, Thomas) (Entered: 07/29/2010)

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97 Aug. 5, 2010

MINUTE entry before Honorable Elaine E. Bucklo:On court's own motion, ruling on motion to amend complaint set for 8/6/10 is reset for 8/16/2010 at 09:30 AM. Mailed notice (mpj, ) (Entered: 08/05/2010)

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98 Aug. 16, 2010

MINUTE entry before Honorable Elaine E. Bucklo:For the reasons stated in open court, plaintiffs' motion to file an amended complaint (65) is granted. Motion for leaveto file sur-reply is terminated as moot. Defendants' responsive pleading will be due by 9/16/10. Depositionsof class representatives shall be completed by 9/16/10. Responses to motion to certify class and any motion filed to dismiss will be due by 10/15/10; and any replies by 10/26/10. Target date for ruling by mail set for 11/29/10. Status hearing set for 12/10/10 at 9:30 a.m. See Minute Order for details. Case reopened.Mailed notice (mpj, ) (Entered: 08/16/2010)

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99 Aug. 16, 2010

WRITTEN Opinion Signed by the Honorable Elaine E. Bucklo on 8/16/2010:Mailed notice(mpj, )

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100 Aug. 16, 2010

AMENDED complaint by Maria Villasenor, Latoya Swanigan, Edmanuel Perez, Mark Edwards, Chermane Smith, Michelle Waldo, Tony Williams, Kirk Yunker, Tyhesha Brunston against Anita Alvarez, City Of Chicago, Jody Weis. (jj, ) (Entered: 08/17/2010)

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101 Sept. 14, 2010

MOTION by Defendants City Of Chicago, Philip J Cline, Jody Weis for extension of time to file response/reply as to amended complaint 100 (Jackson, Heather) (Entered: 09/14/2010)

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Case Details

State / Territory:

Illinois

Case Type(s):

Policing

Key Dates

Filing Date: Nov. 22, 2006

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Persons from whom the Chicago Police Department seized property and who were not afforded a prompt post-seizure hearing to determine probable cause.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City

Chicago Police Department

City of Chicago

County

Cook County State's Attorney

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Other Dockets:

Northern District of Illinois 1:06-cv-06423

U.S. Court of Appeals for the Seventh Circuit 07-01599

Supreme Court of the United States 08-351

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Content of Injunction:

Implement complaint/dispute resolution process

Amount Defendant Pays: $471,000

Issues

General/Misc.:

Forfeiture

Recommended Citation