Brown v. Navarro et al

Filing 127

MEMORANDUM Opinion and Order Signed by the Honorable John J. Tharp, Jr on 9/11/2012,Mailed notice(air, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
)
)
)
)
)
)
)
)
)
)
)
)
)
)

WILLIAM D. BROWN, JR.,
Plaintiff,
v.
Blue Island Police Officer F.
NAVARRO (Star #163), Blue Island
Police Officer J. MURRAY, Blue
Island Police Officer DELGADILLO,
Blue Island Police Officer K. SISK, and
CITY OF BLUE ISLAND ILLINOIS,
Defendants.

No. 09 C 3814

Judge John J. Tharp

MEMORANDUM OPINION AND ORDER
Plaintiff William D. Brown moves the Court to reconsider Judge Kendall’s
rulings of March 30, 2012 and June 4, 2012, which resulted in the denial of Brown’s
purported motion for summary judgment. Brown claims that the previous orders were
based on a misapprehension of the law, and that the Seventh Circuit’s decision in Phillips
v. Community Ins. Corp., 678 F.3d 513 (7th Cir. 2012)1 requires that summary judgment
be entered in his favor.
FACTS
Brown brought a five-count complaint against four Blue Island, Illinois police officers
and the City of Blue Island alleging (1) false arrest, (2) excessive force, (3) failure to
1

Brown does not explain why Phillips entitles him to reconsideration. In Phillips, the
Seventh Circuit held that the force employed (shooting the suspect three times with a
baton launcher, which caused serious injury) was unreasonable where the suspect was
drunk, unresponsive, and unwilling or unable to comply with a police order to step out of
the car. 678 F.3d at 526. Phillips did not change the test for reasonable force, but is
merely an example of a court weighing the amount of force officers used against the
necessity of that force in a particular situation.

1

intervene, (4) malicious prosecution, and (5) indemnification. The complaint alleges, in
essence, that three of the individual defendants unlawfully arrested Brown without
probable cause and used a taser on him without justification, and that these actions
caused him injury including a fractured ankle. At the close of discovery, the defendants
moved for summary judgment on Brown’s claims, and in support of their motion they
filed a statement of material facts in compliance with Local Rule 56.1. Doc. 76. The
defendants’ statement of facts included a description of the parties and facts supporting
the Court’s venue and jurisdiction, as required by L.R. Rule 56.1(a)(3)(A) & (B). Doc.
76 at ¶¶ 1-6. The statement also included facts indicating that Brown obstructed and
interfered with the police officers’ investigation, and that Brown subsequently resisted
arrest, and the officers used the taser to subdue him.
Brown, who did not at that time file his own motion for summary judgment,
disputed most of the defendants’ statement of facts. Doc. 95. He also filed his own
statement of additional material facts (“Additional Facts”) which indicated that he did not
obstruct or interfere with the police officers’ investigation, and that he did not resist arrest
or do anything at all to justify the officers’ use of the taser. Doc. 96. The defendants did
not respond to Brown’s Additional Facts.
Based on the defendants’ failure to respond to the Additional Facts, Brown moved
for “summary denial of defendants’ motion for summary judgment and summary
granting of summary judgment to plaintiff.” Doc. 101. Brown argued that the Additional
Facts were deemed admitted because the defendants did not deny them, and that those
facts entitled him to summary judgment. Brown did not file a supporting memorandum

2

of law or a statement of facts corresponding to his motion, but instead only attached the
Additional Facts as an exhibit.
Judge Kendall denied Brown’s motion (along with a motion to strike that Brown
also filed), stating that “[t]he Court is well aware of the rule pertaining to the grant or
denial of summary judgment and neither motion seeks relief other than the appropriate
application of those rules to [defendants’] pending fully briefed motion for . . . summary
judgment. . . . No further briefing is permitted.” Doc. 105. Judge Kendall later denied
the defendants’ motion for summary judgment except as to Officer Sisk,2 largely on the
basis that the defendants’ failure to respond to the Additional Facts rendered those facts
admitted for the purposes of the defendants’ summary judgment motion. Doc. 108. She
did not expressly mention Brown’s motion for summary judgment in her opinion.
DISCUSSION
“Motions for reconsideration serve a limited function: to correct manifest errors
of law or fact or to present newly discovered evidence.” Publishers Res., Inc. v. WalkerDavis Publ’ns, Inc., 762 F.2d 557, 561 (7th Cir. 1985). With regard to “manifest error,”
the Seventh Circuit has explained that a motion to reconsider is proper only when “the
Court has patently misunderstood a party, or has made a decision outside the adversarial
issues presented to the Court by the parties, or has made an error not of reasoning but of
apprehension.” Bank of Waunakee v. Rochester Cheese Sales, Inc., 906 F.2d 1185, 1191
(7th Cir. 1990); see also Mitchell v. JCG Indus., 842 F. Supp. 2d 1080, 1082 (N.D. Ill.
2012).

2

Officer Sisk was unaffected by the Additional Facts.

3

Brown alleges that Judge Kendall misapprehended the effect of the defendants’
failure to respond to the Additional Facts, arguing that if those facts are deemed admitted
then there was no probable cause for plaintiff’s arrest, no amount of force was
reasonable, the defendants failed to prevent the use of force, and therefore Brown is
entitled to summary judgment.
Judge Kendall apparently interpreted Brown’s motion merely as a “motion to
deny” the defendants’ summary judgment motion, not as an affirmative motion for
summary judgment on behalf of Brown. Her order states that Brown’s motion does
nothing more than seek the application of the local rules to the defendants’ motion for
summary judgment. Doc. 105. Though Brown requested that the Court enter summary
judgment in his favor, he submitted as argument in support of his motion only two
paragraphs totaling twelve lines. Doc. 101 at ¶¶ 12-13. Brown’s motion was not in
compliance with Rule 56.1, and so Judge Kendall’s decision not to treat it as a legitimate
motion for summary judgment was appropriate.
When filing a motion for summary judgment, a party must comply with the
requirements of Rule 56.1. Ammons v. Aramark Uniform Servs., Inc., 368 F.3d 809, 817
(7th Cir. 2004) (“We have also repeatedly held that a district court is entitled to expect
strict compliance with rule 56.1.”). Brown did not even attempt to comply with the rule.
He did not file a supporting memorandum of law, as required by Rule 56.1(a)(2). He did
not file a statement of material facts as required by Rule 56.1(a)(3), and the Additional
Facts cannot constitute his statement of material facts because they do not contain a
description of the parties or facts supporting the venue and jurisdiction of this Court.
Rule 56.1(a)(3)(A)&(B). Therefore, to the extent that Brown’s motion was intended to

4

be an affirmative motion for summary judgment, it was plainly not a manifest error of
law to deny it. If Brown believed that the defendants’ failure to respond to the Material
Facts entitled him to summary judgment, he should have filed a motion for summary
judgment in compliance with Rule 56.1 instead of tacking a request for summary
judgment onto the end of a motion asking for denial of defendants’ summary judgment
motion.3
And even if Brown had filed a proper motion for summary judgment—which he
did not—he could not have used the defendants’ failure to respond to the Additional
Facts to support his affirmative motion. Rule 56(e)(2) and Seventh Circuit case law
plainly provide that when a party fails to respond to a Rule 56.1 statement of facts, “those
facts shall be deemed admitted for purposes of the motion.” Smith v. Lamz, 321 F.3d
680, 683 (7th Cir. 2003) (emphasis added); see also Cracco v. Vitran Express, Inc., 559
F.3d 625, 632 (7th Cir. 2009) (“When a responding party’s statement fails to dispute the
facts set forth in the moving party’s statement in the manner dictated by the rule, those
facts are deemed admitted for purposes of the motion.”). Judge Kendall properly gave
3

Besides Brown’s failure to follow Rule 56.1, Brown also failed to properly present an
argument for summary judgment. “[A] nonmovant’s failure to respond to a summary
judgment motion, or failure to comply with Local Rule 56.1, does not, of course,
automatically result in judgment for the movant.” Raymond v. Ameritech Corp., 442 F.3d
600, 608 (7th Cir. 2006). To be entitled to summary judgment, Brown should have
described the necessary elements for each of his claims, and explained how the
Additional Facts or other evidence in the record established each of those elements. He
failed to make any attempt to establish the elements of his claim, instead baldly stating
that “the Court must grant summary judgment on those claims if the facts in plaintiff’s
statement of additional facts . . . are deemed admitted.” Doc. 101 at 6 (emphasis in
original). The Court has no obligation, however, to render a summary judgment sua
sponte, and motions under Rule 56 are not granted by default. Nabozny v. Podlesny, 92
F.3d 446, 457 n. 9 (7th Cir. 1996) (even where a party fails to respond, the district court
must still review the uncontroverted facts and determine whether summary judgment is
appropriate); Campbell v. Coca-Cola Enter., Inc., No. 11 C 1674, 2012 WL 1158746, *3
(N.D. Ill. Apr. 4, 2012) (“summary judgment ordinarily cannot be granted by default”).

5

Brown the benefit of the uncontroverted Additional Facts by denying (for the most part)
the defendants’ summary judgment motion, but what Brown now seeks is to have those
facts deemed admitted for purposes of his own summary judgment motion, one that had
not even been filed at the time the defendants failed to respond to the Additional Facts.
But nothing in Rule 56 or Local Rule 56.1 provides that facts deemed admitted for
purposes of evaluating a pending summary judgment motion are also deemed admitted
for other purposes, such as another party’s later motion for summary judgment, or trial.
See, e.g.. Williams v. Derifield, No. 04 C 5633, 2006 WL 1120490, *1 (N.D. Ill. Apr. 25,
2006) (rejecting request to consider facts admitted under Rule 56.1 to be admitted at
trial); Chen v. Mayflower Transit, Inc., No. 99 C 6261, 2004 WL 2535258, at *2-3 (N.D.
Ill. Sep. 23, 2004) (same).
And Brown is wrong to argue that the defendants’ failure to respond renders the
Additional Facts “judicial admissions” that bind the defendants for all purposes (not just
for purposes of the motion to which they related).

Only when a party makes an

admission in a pleading, an admission in answer to a request for admission, or a
stipulation, does it make a judicial admission that can determine the outcome of the
lawsuit. Kohler v. Leslie Hindman, Inc., 80 F.3d 1181, 1185 (7th Cir. 1996); Keller v.
United States, 58 F.3d 1194, 1199 n. 8 (7th Cir. 1995). The defendants’ failure to
respond to the Additional Facts “is not an admission in a pleading.” TIG Ins. Co. v.
Giffin, Winning, Cohen & Bodewes, P.C., No. 00 C 2737, 2002 WL 31870528, *5 (N.D.
Ill. Dec. 20, 2002) (citing Fed. R. Civ. P. 7(a) (defining pleading)). Brown concedes as
much, arguing only that the Admitted facts are “similar to” judicial admissions. Brown
has not cited, and the Court has not found, any authority holding that a moving party’s

6

failure to respond to a statement of additional facts forever bars that party from disputing
those facts in response to its opponent’s later motion for summary judgment.4 To so hold
would contravene the express provision in Rule 56(e) permitting the use of a fact deemed
admitted only “for purposes of the motion.”
The Court concludes that Judge Kendall did not make a manifest error of law in
summarily denying Brown’s summary judgment motion—if it can even be said that he
filed one. What is more, it would be utterly inconsistent for this Court to hold the
defendants to the consequences of their failure to respond to Brown’s Additional Facts
(as Judge Kendall did in denying the defendants’ summary judgment motion) but yet to
relieve Brown of his own failure to comply with Rule 56.1’s requirements for filing a
motion for summary judgment, particularly where his affirmative evidence consists
solely of facts that were not admitted for purposes other than adjudicating the defendants’
motion. Accordingly, Brown’s motion for reconsideration is denied.

Date: September 11, 2012
John J. Tharp, Jr.
United States District Judge

4

It would be particularly inappropriate to treat facts deemed admitted in the context of a
summary judgment motion as binding in contexts outside of that motion when, as here,
the party submitted its own statement of facts that actually contradicts many, if not all, of
the additional facts.

7