Banaei v. City of Evanston et al
Filing
151
Opinion and Order: Plaintiff's motion to have free transcripts on appeal 150 is denied. Signed by the Honorable William T. Hart on 11/24/2014:Mailed notice(clw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
JALEH BANAEI,
Plaintiff,
v.
CITY OF EVANSTON, EVANSTON
POLICE OFFICER MESSING, and
EVANSTON POLICE OFFICER
NIZIOLEK,
Defendants.
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No. 10 C 6966
OPINION AND ORDER
Plaintiff Jaleh Banaei 's case went to trial on the single claim that she
was subjected to an unreasonable search while at the Evanston police station.
Plaintiff claimed that defendant police officers Timothy Messing and Rebecca
Niziolek subjected her to an unreasonable search when they required that plaintiff
remove her sweater, exposing plaintiff's sheer undergarment that was worn over a
bra. This was done in an open area of the police station with Messing watching
and included Niziolek patting down plaintiff in the crotch area. Plaintiff was
represented by counsel at trial and the jury returned a verdict finding against
plaintiff on her claim. Plaintiff has appealed and is proceeding pro se on appeal.
At the beginning of the case, plaintiff was granted leave to proceed in forma
pauperis and that status continues on appeal absent this court certifying that the
appeal is not in good faith or frivolous. See Fed. R. App. P. 24(a)(3). Plaintiff has
provided an updated financial affidavit supporting that she continues to meet the
financial requirements for such status and this court has not certified that she
should not be permitted to continue to proceed in forma pauperis.
Presently pending is plaintiff's renewed motion to be provided with
transcripts of the trial without cost. To be entitled to such transcripts at the
expense of the United States government, it must be certified that the appeal is not
frivolous (that is, it presents a substantial question) and it must be shown that there
is a particular need for the transcripts. 28 U.S.C. ยง 753(f); Westbrook v. Boy
Scouts of Am., 2013 WL 2936488 *4 (N.D. Ill. June 14, 2013), aff'd by
unpublished order, 560 F. App'x 574 (7th Cir. 2014).
Plaintiff's motion does not make clear what issue or issues she intends to
raise on appeal. It appears that she contends that, as a matter of law, being
required to strip down to see-through lingerie and then being patted down, over
her pants, in the area of her buttocks and vagina is an unreasonable search.
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Defendants did not deny at trial that such an event occurred. There is no
indication that defendants would deny such facts are supported by the trial record.
On appeal, plaintiff can provide a summary of the trial evidence in her opening
brief. See Fed. R. App. P. 28(a)(6); Seventh Circuit Practitioner's Handbook at
120 (available on the Seventh Circuit website
http://www.ca7.uscourts.gov/Rules/handbook.pdf). If defendants disagree with
plaintiff's factual presentation of trial testimony, then perhaps there would be a
need for transcripts. Presently, plaintiff has not shown that she will raise an issue
on appeal that will require a transcript of the trial. The motion for free transcripts
will be denied.
IT IS THEREFORE ORDERED that plaintiff's motion to have free
transcripts on appeal [150] is denied.
ENTER:
UNITED STATES DISTRICT JUDGE
DATED: NOVEMBER 24, 2014
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