Herrera vs. Pohl, et al.
| Miguel Herrera |
| Adam Pohl, Nathan Houpt, Chris Knudsen and Does 1-4 |
| 1:2015cv02983 |
| April 3, 2015 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Milton I. Shadur |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
30
MEMORANDUM Opinion and Order; Defendants' motion to dismiss 20 is denied. Plaintiff Herrera's claims for violation of the Eighth Amendment by any of the defendants are dismissed, as are his Fifth Amendment claims against the John Doe defendants. But Herrera's Fifth Amendment claim against Houpt and Knudsen (and perhaps Pohl as well) is plausible on its face, and that may be true as to a Fourth Amendment claim as well. In any event the survival of one or both of those grounds for recovery calls for an answer that addresses Herrera's allegations. This Court orders the three named defendants to file such an answer on or before December 22, 2015 and schedules a status hearing at 9 a.m. January 4, 2016. Signed by the Honorable Milton I. Shadur on 12/1/2015:Mailed notice(clw, )
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