Beasley v. Cichy et al
| Diangelo Beasley |
| Matthew Hudak, John Cichy, Village of Schaumburg and Terrance O'Brien |
| 1:2013cv01281 |
| February 18, 2013 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Thomas M. Durkin |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| Plaintiff |
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Filing
47
MEMORANDUM Opinion and Order:For the foregoing reasons, Chief Howerton, Sergeant Greenaway, and the Village of Schaumburg's motion to dismiss as to Count V is granted. 38 To the extent Beasley contends discovery will provide him with the det ail needed to establish that the Village Defendants "[had] either actual or constructive notice of Defendant Officers' official misconduct and illegal activity," R. 44 at 5-6, Beasley may seek leave of Court to file an amended complain t if the deficiencies in Count V can be cured, being mindful of the appropriate statute of limitations under Illinois law. Count V of Beasley's amended complaint is there dismissed without prejudice. Accordingly, because the Village of Schaumb urg is no longer a defendant in the case, its motion to stay the proceedings is denied as moot. 14 Village of Schaumburg, Tom Greenaway (Sergeant) and Brian Howerton (Chief) terminated. Signed by the Honorable Thomas M. Durkin on 11/20/2013:Mailed notice(srn, )
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