Miller v. Village of Schaumburg et al

Filing 5

ENTER MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 3/5/2013. Mailed notice by judge's staff. (srb,)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
JORDAN MILLER,
Plaintiff,
v.
VILLAGE OF SCHAUMBURG, et al.,
Defendants.

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No.

13 C 1601

MEMORANDUM ORDER
This Court has received by random assignment the selfprepared 42 U.S.C. §1983 (“Section 1983”) Complaint brought by
Jordan Miller against the Village of Schaumburg (“Village”) and
two of its former officers, Terrence O’Brien (“O’Brien”) and
Matthew Hudak (“Hudak”), for which purpose Miller has used a
Clerk’s-Office-supplied form of Complaint to which he has added a
detailed single-spaced Statement of Claim.

This memorandum order

is issued sua sponte because of some problematic aspects of
Miller’s pleading (although it should be made clear that this
Court accepts all of his allegations as true for purposes of the
following discussion).
First, there appears to be no predicate for suing the
Village.

On the basis of Miller’s allegations both O’Brien and

Hudak were truly rogue officers, so that the principles that
underlie Monell v. Dep’t of Social Servs. of City of New York,
436 U.S. 658, 691 (1978) insulate the Village against Section
1983 liability.

As for O’Brien and Hudak, the question posed by the
Complaint is one of its timeliness.

Illinois-based Section 1983

claims have a two-year limitations period, and the last date
specifically mentioned in Miller’s Statement of Claim is a May
2010 incident when the ex-officers are charged with having
invaded Miller’s home and having engaged in assertedly
unconstitutional activity.

Although the Statement of Claim then

goes on to allege later oppressive conduct on their part, no
dates are provided.
Accordingly, Miller is directed to file promptly a
supplement to his original Complaint that fleshes out the dates
(or approximate dates) of the ex-officers’ further harassment of
Miller and his family.

In the meantime this Court is

contemporaneously issuing its customary initial scheduling order
on the assumption that Miller’s additional submission can confirm
the timeliness of this lawsuit.

________________________________________
Milton I. Shadur
Senior United States District Judge
Date:

March 5, 2013

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