Opinion
No. 03 C 1821
April 14, 2003
MEMORANDUM OPINION AND ORDER
On April 11, 2003 there were delivered to this Court's chambers both (1) the properly-filled-out Motion for Appointment of Counsel ("Williams' Motion"), identifying a number of unsuccessful efforts by pro se 42 U.S.C. § 1983("Section 1983") plaintiff Clyde Williams ("Williams") to retain counsel on his own and (2) the motion to dismiss filed by the Town of Cicero ("Cicero," which came into the case instead of Williams' incorrectly named defendant, the "Cicero Police Department").
That action was taken in response to this Court's March 19, 2003 memorandum order ("Order"), which allowed Williams to proceed with this action initially by viewing his Complaint through a generous lens as taught by Haines v. Kerner, 404 U.S. 519, 520-21 (1972) (per curiam).
As the Order pointed out, the proper defendant in any Section 1983 action of the type sought to be advanced by Williams would actually be the individual police officer involved, not Cicero as such. But in light of the analysis hereafter set out in this opinion, Williams would fare no better if he were to identify the arresting officer and seek to state a claim against him or her.
If Williams' self-prepared Complaint stood any chance of keeping him in court in the face of Cicero's motion, this Court that negates a Fourth Amendment violation even though Williams turned out to be the wrong person (Marshall and cases cited there).
That being the case, as stated at the outset of this opinion, Ciceros Rule 12(b)(6) motion is granted. And because Williams' candid allegations provide no wiggle room for changes that would arguably wrap him within a Section 1983 mantle, this action is dismissed as well. That renders Williams' Motion moot, and it is denied on that ground.
ATTATCHMENT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
CLYDE WILLIAMS
Plaintiff(s)
v. CASE NO. 03C 1821
CICERO POLICE DEPTARTMENT AND PARTIES
Defendant(s)
COMPLAINT
On or about March 6, 2003, while walking to the bus station with a friend, I was stopped by an officer fo the Cicero Police Department, handcuffed and told that I fit the description of a person wanted for murder. I was told our descriptions were simular, our social security numbers were simular, and our birthdays were simular.
I then told officers that it was not me and to clear matters up all he had to do was check my wallet for my identification. Officers then removed my (State of Illinios I.D. card), (social security card), my (medical insurance card), and other various forms of I.D. But officers still refused to uncuff and release me. Instead, I was placed into a Cicero Police car still cuffed and transported to the Ciciero Police Department, fingerprinted, and locked up until my fingerprints cleared and was then released.
Wherefore, I was negated constitutional rights, false arrest, and equal protectin under the law and fundimental fairness. Thank you and God Bless. /s/______________ CLYDE WILLIAMS