Bertha v. Kane County State's Attorney's Office et al
| David A Bertha |
| Kane County State's Attorney's Office, Kane County Sheriff's Office, Michael Sullivan, Judith Brawka, John Barsanti, Elizabeth Flood, John Noverini, Robert Beaderstadt, Robert Wilbrandt, Joseph McMahon, Salvatore Lopiccolo, Donald Kramer, Rita Garman and Alexandra Tsang |
| 1:2016cv04982 |
| May 5, 2016 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Harry D. Leinenweber |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
82
MEMORANDUM Opinion and Order: For the reasons stated herein, the Judicial Defendants' and the State's Attorney Defendants' Motions to Dismiss are granted on the basis of judicial and prosecutorial immunity, respectively. Kane County Defendants' Motion to Dismiss is granted in part and denied in part. Bertha's claims related to his arrest and subsequent detention are dismissed with prejudice based on the statute of limitations. His claims related to the state cr iminal proceedings pending against him are stayed under Younger. His unreasonable-search claim may proceed against the individual Defendants, but the Monell claim is dismissed without prejudice. Finally, Bertha's segregation claim is dismissed without prejudice. Signed by the Honorable Harry D. Leinenweber on 8/27/2018: Mailed notice (maf)
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