Suggs et al v. Zinchuck et al

Filing 227

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 9/20/2011:Mailed notice(srn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
LATANYA ALEXANDER, et al.,
Plaintiffs,
v.
OFFICER ZINCHUCK, et al.,
Defendants.

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No.

08 C 6688

MEMORANDUM ORDER
Following the most recent status hearing conducted jointly
by Magistrate Judge Jeffrey Gilbert and this Court, counsel for
plaintiffs has filed a motion for leave to file a corrected Third
Amended Complaint (“TAC”).

With defense counsel having confirmed

to this Court’s minute clerk that they had no opposition to the
motion, this Court has granted it without requiring counsel for
the parties to appear at the designated September 19 presentment
date.

But because this Court thus had no opportunity to address

counsel orally, this memorandum order is issued sua sponte to
require plaintiffs’ counsel to clear up a possible ambiguity in
the TAC as drafted.
As the case caption reflects, virtually all of the
individual defendants are listed as “OFFICER --,” with the only
exceptions being three other members of the Chicago Police
Department:
Kilroy.

District Commander Green and Lieutenants Stevens and

That same usage appears throughout the body of the 20-

count 38-page TAC wherever mention is made of the individual

defendants by name.

Elsewhere, however, the generic terms

“DEFENDANT OFFICERS” and “UNKNOWN OFFICERS” are used.
Although TAC ¶40 lists the higher-up personnel as part of
the groups of “DEFENDANT OFFICERS” designated there, that usage
does not appear to apply throughout other allegations in the TAC.
Plaintiffs’ counsel are ordered to review the TAC once again to
clarify the matter.

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Milton I. Shadur
Senior United States District Judge
Date:

September 20, 2011

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