Bobbitt v. Chicago Police Department et al

Filing 9

WRITTEN Opinion entered by the Honorable Elaine E. Bucklo on 4/16/2013: Plaintiff's motion to file an amended complaint # 6 is granted. The clerk shall issue summons for service of the amended complaint # 7 on Chicago Police Superintendent G arry McCarthy. Service on the unknown officers cannot be made until their identities are known. Plaintiff's motion for representation by counsel # 8 is denied without prejudice. The clerk shall forward to Plaintiff a Magistrate Judge Consent Form and instructions for filing documents in this court. Mailed notice (tlm)

Order Form (01/2005)

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

Elaine E. Bucklo

CASE NUMBER

13 C 1119

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

April 16, 2013

Joseph L Bobbitt (#2012-1027002) vs. Chicago Police Department, er al.

DOCKET ENTRY TEXT

Plaintiff’s motion to file an amended complaint [#6] is granted. The clerk shall issue summons for service of the
amended complaint [#7] on Chicago Police Superintendent Garry McCarthy. Service on the unknown officers
cannot be made until their identities are known. Plaintiff’s motion for representation by counsel [#8] is denied
without prejudice. The clerk shall forward to 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 Joseph Bobbit, currently confined at Cook County Jail, has filed an amended civil rights action
pursuant to 42 U.S.C. § 1983 against Chicago Police Superintendent Garry McCarthy and four unknown police
officers referred to as John Does 1-3 and Jane Doe. Plaintiff states that, on July 1, 2012, he was arrested for no
reason, handcuffed, and placed in the back of a police car. With Plaintiff cuffed in the back seat, Officers John Does
1 and 2 proceeded on a chase of another person. Plaintiff alleges that he was injured during the chase and/or when
the police car crashed into a house at 2726 W. Jackson Ave. The officers then uncuffed Plaintiff and told him to
forget about the incident. Plaintiff states he sought treatment for injuries at an emergency room. Officers Jane Doe
and John Doe 3 investigated the incident but allegedly refused to find against John Does 1 and 2.
The court has conducted its preliminary review of Plaintiff’s complaint. 28 U.S.C. § 1915A. Plaintiff states
colorable claims against John Does 1 and 2, but not the other unknown officers. See Bentz v. City of Kendallville,
577 F.3d 776, 779 (7th Cir. 2009) (stating elements of false arrest); Sides v. City of Champaign, 496 F.3d 820, 828
(7th Cir. 2007) (addressing claim of deliberate indifference at time of arrest). The amended complaint may thus
proceed against Superintendent McCarthy in order to identify and name the officers.
Once an attorney enters an appearance for McCarthy, Plaintiff must conduct discovery by forwarding to the
attorney written questions or requests for documents to learn the names of the John Doe 1 and 2 officers. See
Donald v. Cook County Sheriff's Dept., 95 F.3d 548, 556 (7th Cir. 1996). Upon learning their names, Plaintiff
should either submit another amended complaint naming all of the Defendants or file a motion to substitute the
actual names in place of the John Does 1 and 2 listed in the amended complaint. Plaintiff's failure to attempt to
learn their names within 90 days after an attorney enters an appearance for McCarthy may result in the Court
dismissing them as Defendants. Plaintiff is further advised that the limitations period for § 1983 claims of a
constitutional violation in Illinois is two years, while state-law claims against employees of local governmental
entities is one year. Williams v. Lampe, 399 F.3d 867, 870 (7th Cir. 2005); see also Delgado-Brunet v. Clark, 93
F.3d 339, 344 (7th Cir. 1996) (substituting actual name for a John Doe defendant does not relate back to the date
of filing the complaint).

13 C 1119 Joseph L Bobbitt (#2012-1027002) vs. Chicago Police Department, er al.

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STATEMENT
The clerk is directed to issue summons for service of the complaint on Chicago Police Superintendent Garry
McCarthy. The United States Marshals Service is appointed to serve this Defendant If any service forms are
necessary for the Marshal to accomplish service, the Marshal shall send Plaintiff such forms. Plaintiff’s failure to
return those forms may result in the dismissal of any unserved Defendant. The U.S. Marshal is directed to make
all reasonable efforts to serve the defendants. With respect to any former employee no longer at the work address
provided by plaintiff, Chicago police officials shall furnish the Marshal with the defendant’s last known address.
The information shall be used only for purposes of effectuating service, or to show proof of service should a dispute
arise, and shall neither be kept in the court’s file nor released by the Marshal. The Marshal is authorized to mail
a request for waiver of service to each defendant in the manner prescribed by Fed. R. Civ. P. 4(d)(2). If a waiver
of service is not obtained, the Marshal shall then attempt personal service.
Plaintiff is instructed to file all future papers concerning this action with the clerk of court in care of the
prisoner correspondent. In addition, Plaintiff must send an exact copy of any filing to Defendants or, if represented
by counsel, to counsel for 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.
Plaintiff’s motion for representation by counsel is denied without prejudice. Neither the issues nor the
discovery of this case are complex, and Plaintiff appears competent to represent himself at this stage of the
proceedings. See Romanelli v. Suliene, 615 F.3d 847, 851 (7th Cir.2010); Pruitt v. Mote, 503 F.3d 647, 656-59 (7th
Cir. 2007).

13 C 1119 Joseph L Bobbitt (#2012-1027002) vs. Chicago Police Department, er al.

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