Rocha v. Perez et al

Filing 10

WRITTEN Opinion entered by the Honorable Robert M. Dow, Jr on 2/14/2013: Plaintiff's motion for leave to proceed in forma pauperis 8 is granted. The trust fund officer at Plaintiff's place of confinement is authorized and directed to ded uct $19.66 from Plaintiff's trust fund account and submit it to the Court as the initial partial payment of the filing fee. Thereafter, the trust fund officer is authorized to make monthly deductions in accordance with this order. The Cle rk shall mail a copy of this order to the trust fund officer at the Illinois River Correctional Center. Plaintiff may proceed with his complaint against Kane County Sheriff Patrick Perez, Kane County Officers Ciganek, Craig Tucker, and Colin Flevry, and Federal DEA Agents Mario Elias andMiguel Pantoja. The Clerk shall issue summonses for service of the complaint through the U.S. Marshal on Defendants Kane County Sheriff Patrick Perez, Kane County Officers Ciganek, Craig Tucker, Colin Flevry, and federal Drug Enforcement Administration (DEA) Agents Mario Elias and Miguel Pantoja. The Clerk shall also send Plaintiff a Magistrate Judge consent form and instructions for filing documents in this Court. Mailed notices. (For further details see opinion.)(pcs, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Robert M. Dow, Jr.

CASE NUMBER

12 C 9303

CASE TITLE

Sitting Judge if Other
than Assigned Judge

DATE

2/14/2013

Benjamin Rocha (M-26967) vs. Patrick Perez, et al.

DOCKET ENTRY TEXT

Plaintiff’s motion for leave to proceed in forma pauperis [8] is granted. The trust fund officer at Plaintiff’s place
of confinement is authorized and directed to deduct $19.66 from Plaintiff’s trust fund account and submit it to the
Court as the initial partial payment of the filing fee. Thereafter, the trust fund officer is authorized to make monthly
deductions in accordance with this order. The Clerk shall mail a copy of this order to the trust fund officer at the
Illinois River Correctional Center. Plaintiff may proceed with his complaint against Kane County Sheriff Patrick
Perez, Kane County Officers Ciganek, Craig Tucker, and Colin Flevry, and Federal DEA Agents Mario Elias and
Miguel Pantoja. The Clerk shall issue summonses for service of the complaint through the U.S. Marshal on
Defendants Kane County Sheriff Patrick Perez, Kane County Officers Ciganek, Craig Tucker, Colin Flevry, and
federal Drug Enforcement Administration (“DEA”) Agents Mario Elias and Miguel Pantoja. The Clerk shall also
send Plaintiff a Magistrate Judge consent form and instructions for filing documents in this Court.
O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
Plaintiff Benjamin Rocha, an inmate at the Illinois River Correctional Center, has filed an amended civil rights
complaint under 42 U.S.C. § 1983 against Kane County Sheriff Patrick Perez, Kane County Officers Ciganek, Craig
Tucker, Colin Flevry, and federal Drug Enforcement Administration (“DEA”) Agents Mario Elias and Miguel
Pantoja. According to Plaintiff, on October 17, 2011, Kane County and DEA officers entered his home without
a warrant and with guns drawn, searching for drugs. Plaintiff states that the officers and federal agents took $70,000
in cash, jewelry, and electronic equipment, only some of which was inventoried. Allegedly, they searched
Plaintiff’s wife, daughter, son, and two-month old granddaughter, touching their private areas during the process.
Plaintiff states that he and his wife were wrongfully arrested, and his wife was released four months later. When
Plaintiff and his family complained to Kane County Internal Affairs and the FBI’s corruption unit, the Defendants
allegedly returned to Plaintiff’s house and threatened to arrest his wife and family. Defendants Pantoja and Elias
allegedly attempted to deport Plaintiff’s wife, who Plaintiff states was released by immigration officers. Plaintiff
lists only himself as Plaintiff; however, his request for relief also seeks damages for Defendants’ actions against his
wife and other family members.
Plaintiff seeks to proceed in forma pauperis and has submitted a completed application. The court grants his current
IFP motion and assesses an initial filing fee of $19.66. The trust fund officer at Plaintiff’s place of incarceration
is directed to collect the initial partial filing fee from Plaintiff’s trust fund account and pay it directly to the Clerk
of Court. After the initial partial filing fee, Plaintiff’s trust fund officer is directed to collect monthly payments
from Plaintiff’s trust fund account in an amount equal to 20% of the preceding month’s income credited to the
account. Monthly payments shall be forwarded to the Clerk of Court each time the amount in the account exceeds
12C9303 Benjamin Rocha (M-26967) vs. Patrick Perez, et al.

Page 1 of 2

STATEMENT
$10 until the full $350 filing fee is paid. All payments shall be sent to the Clerk, United States District Court, 219
S. Dearborn St., Chicago, Illinois 60604, attn: Cashier’s Desk, 20th Floor, and shall clearly identify Plaintiff’s
name and the case number of this action. This payment obligation will follow Plaintiff in the event he is
transferred.
Accepting Plaintiff’s allegations as true, as the Court must at this stage of the case, he states claims of false arrest
and illegal search. Green v. Butler, 420 F.3d 689, 694-95 (7th Cir. 2005); Copus v. City of Edgerton, 151 F.3d 646,
648 (7th Cir. 1998). His claims that officers and agents stole money, jewels, and video equipment from his house
may also proceed as pendent state-law claims. Vukadinovich v. Zentz, 995 F.2d 750, 755 (7th Cir. 1993).
However, Plaintiff may not bring claims on behalf of his wife, which include her alleged four-month illegal
detention and retaliation claims. Young v. Murphy, 90 F.3d 1225, 1236 (7th Cir.1996) (Fourth Amendment
claims are personal and cannot be alleged on behalf of another person). It appears that Plaintiff may also be
seeking to assert claims on behalf of his minor children. Plaintiff may clarify his intentions in this regard at the
initial status hearing.
The Clerk shall issue summonses for service of the complaint through the U.S. Marshal on Defendants Kane
County Sheriff Patrick Perez, Kane County Officers Ciganek, Craig Tucker, Colin Flevry, and federal Drug
Enforcement Administration (“DEA”) Agents Mario Elias and Miguel Pantoja. Any forms necessary for Plaintiff
to complete for the Marshal to accomplish service, shall be forwarded to Plaintiff by the Marshal. Plaintiff’s
failure to return those forms will result in the dismissal of Defendants. The Marshal is directed to make all
reasonable efforts to serve the Defendants. With respect to any former employees not located at the address
provided by Plaintiff, Kane County and DEA officials shall furnish the Marshal with the Defendant’s last-known
address. The information shall be used only for purposes of effectuating service, or for proof of service should
a dispute arise, and any documentation of the address shall be retained only by the Marshal. Address information
shall not be maintained in the court file, nor disclosed by the Marshal. The Marshal is authorized to mail a request
for waiver of service to the Defendants in the manner prescribed by Fed. R. Civ. P. 4(d)(2) before attempting
personal service; however, if unable to obtain a waiver of service, the Marshal shall attempt to serve the
Defendants personally.
Plaintiff is instructed to file all future papers concerning this action with the clerk of court in care of the Prisoner
Correspondent. In addition, he must send an exact copy of any filing to the Defendants or, if represented by
counsel, to counsel for the Defendants. Plaintiff must include on the original filing a certificate of service stating
to whom exact copies were mailed and the date of mailing. Any paper that is sent directly to the judge or
otherwise fails to comply with these instructions may be disregarded by the court or returned to Plaintiff.

12C9303 Benjamin Rocha (M-26967) vs. Patrick Perez, et al.

Page 2 of 2