Gonzalez v. City of Chicago et al
| Ricardo Gonzalez |
| City of Chicago, Garry F. McCarthy, John J. Escalante, Eddie T. Johnson, Juan Rivera, Eugene Williams, Jacqueline Ellison, Max A. Caproni, Ilana Rosenzweig, Fraternal Order of Police, Chicago Lodge No. 7, Ray Casiano, Jr., Nathaniel Freeman, Lakenya White, Don A. Devito, Andres Zayas, Jr., Donald J. O'Neill and Unknown |
| 1:2016cv08012 |
| August 10, 2016 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Andrea R. Wood |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Both |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
239
MEMORANDUM Opinion and Order Signed by the Honorable Andrea R. Wood on 3/13/2020:Mailed notice(dl, )
|
|
Filing
110
MEMORANDUM Opinion and Order: For the reasons stated in the Memorandum Opinion and Order, Defendants motions to dismiss 20 , 25 , 32 , 39 , are granted. Specifically, the federal due process (Count I) and conspiracy (X) claims are dismissed with prejudice as barred by the doctrine of res judicata. The state law claims for defamation and libel (Count IX) and assault and battery claims based on the May 13, 2015 incident involving Defendant DeVito (in Count V) are also dismissed with prejudice as time-barred. Meanwhile, Gonzalezs state law claims for malicious prosecution (Count II), abuse of process (Count III), fraud (Count IV), intentional infliction of emotional distress (Count VII), and negligent infliction of emotional distress (Coun t VIII) are dismissed without prejudice for failure to state a claim. The remaining assault and battery claim based on the November 4, 2015 incident involving Defendant DeVito (in Count V) and the assault claim (Count VI) will not be dismissed at thi s time. Instead, Gonzalezs motion to file an amended complaint 73 is granted and the Court will continue to assert supplemental jurisdiction over the surviving state law claims pending the filing of Gonzalezs second amended complaint. If Gonzalez f ails to file a second amended complaint that includes a basis for the Court to exercise subject-matter jurisdiction, the case will be dismissed in its entirety and Gonzalez will have one year to refile in state court. See 735 ILCS 5/13-217; Davis v. Cook Cnty., 534 F.3d 650, 654 (7th Cir. 2008). Gonzalez shall file his second amended complaint by April 23, 2018. Signed by the Honorable Andrea R. Wood on 3/30/2018. Mailed notice. (lw, )
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
