Baier v. P.O. Pikolcz

JULIE BAIER, Plaintiff, v. P.O. PIKOLCZ #118 and the VILLAGE OF CAMPTON HILLS, a Municipal Corporation, Defendants.

No. 18-cv-05603

United States District Court, N.D. Illinois, Eastern Division

August 26, 2021

MEMORANDUM OPINION AND ORDER

Franklin U. Valderrama, United States District Judge.

Plaintiff Julie Baier (Baier) is the legal guardian of her adult daughter, Shannon Baier (Shannon). Shannon was involved in a car accident in the Village of Campton Hills. Shannon was transported from the accident scene to the hospital. Defendant Officer John Pikolcz (Officer Pikolcz), a police officer with the Village of Campton Hills (the Village), was assigned the case and visited Shannon in the hospital to complete a traffic accident report, among other things. Officer Pikolcz went into Shannon's room and began asking Shannon questions about the accident. Baier told Officer Pikolcz to stop questioning her daughter. An altercation ensued and Baier was arrested. Baier subsequently filed a complaint against Officer Pikolcz and the Village (collectively, Defendants) asserting claims for: excessive force pursuant to 42 U.S.C. §§ 1983 and 1988 (Count I); false arrest pursuant to 42 U.S.C. § 1983 (Count II); state common law claims of battery (Count III) malicious prosecution (Count IV), and indemnification (Count V). R. 1, Compl.^[1] Before the Court is Defendants' Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. R. 58, Mot. Summ. J. For the following reasons Defendants' motion is granted in part. The Court reserves judgment on the remaining Counts, as described herein.

Background

The following facts are set forth as favorably to Baier, the non-movant, as the record and Local Rule 56.1 permit. Hanners v. Trent, 674 F.3d 683, 691 (7th Cir. 2012). This background section details all material undisputed facts and notes where facts are disputed. On summary judgment, the Court assumes the truth of the undisputed facts, but does not vouch for them. Arroyo v. Volvo Grp. N. Am., LLC 805 F.3d 278, 281 (7th Cir. 2015).

Baier has an adult daughter named Shannon. R. 65, Pl.'s Resp. DSOF ¶¶ 7-8. On October 16, 2017, while driving on Route 38 in Campton Hills, Shannon collided with another car. Id. ¶ 7. At the time of the crash, Shannon was 31 years old, but Baier was her legal guardian. Id. ¶¶ 20, 22. While still at the scene, Shannon called Baier and her stepfather, Steve Baier, to inform them of the accident. R. 59-2, Shannon Dep. 20:25-21:12. An ambulance then transported Shannon from the crash site to Delnor Hospital in Geneva, Illinois. Pl.'s Resp. DSOF ¶ 11.

Officer Pikolcz of the Campton Hills Police Department arrived on the scene of the accident, but did not speak with Shannon at the scene, as she was already in the ambulance. Pl.'s Resp. DSOF ¶¶ 10, 12. Shannon's car had to be towed from the scene of the accident, but before it was, Officer Pikolcz removed personal items from Shannon's car including a book bag, a wallet, and a check. Id. ¶¶ 13, 15. Officer Pikolcz also removed a cannabis pipe and prescription medications, some of which were labeled with the name “Daniel Morency.” R. 59-3, Pikolcz Dep. 27:4-29:1. Illinois law requires law enforcement and drivers to complete certain reports after car accidents involving property damage and personal injury. Pl.'s Resp. DSOF ¶ 14; 625 ILCS 5/11-408(a); 625 ILCS 5/11-406). Officer Pikolcz went to Delnor Hospital to complete his investigation of the accident and the crash report and brought along the items from Shannon's car. Pl.'s Resp. DSOF ¶ 17.

Once he arrived at Delnor Hospital, Officer Pikolcz went to the waiting room in the emergency department to organize and inventory the items from Shannon's car. Pl.'s Resp. DSOF ¶ 18. While in the waiting room, Baier approached Officer Pikolcz, informed him that she was Shannon's mother, and asked for Shannon's personal property. Id. ¶ 19. Baier told Officer Pikolcz that she did not want him speaking with Shannon, calling her a minor despite her age, and informing him that she was Shannon's guardian. DSOF ¶¶ 20-21; Pl.'s Resp. DSOF ¶¶ 20-21. Baier then showed Officer Pikolcz paperwork establishing her guardianship over Shannon and told Officer Pikolcz that she would be calling her lawyer. Pl.'s Resp. DSOF ¶¶ 20, 23.

The pair then left the waiting room; Officer Pikolcz headed to Shannon's room, and Baier went to get a bottle of water. Pl.'s Resp. DSOF ¶¶ 25-26. Officer Pikolcz entered Shannon's room, where Shannon and Steve Baier were. Id. ¶ 27. The hospital room was small. Id. ¶ 28. Officer Pikolcz found Shannon laying in the bed and her stepfather sitting in a chair beside the bed. Id. ¶ 27. The bed was in the middle of the room. Id. A sink and medical machines were on the left side of the bed, and two chairs were on the right side of the bed. Id. Officer Pikolcz began speaking to Shannon before Baier entered the room. Pl.'s Resp. DSOF ¶¶ 29, 32. Baier subsequently entered the room. Id. ¶ 32. Baier acknowledges that Officer Pikolcz was authorized by law to question Shannon about the traffic accident to complete the traffic crash report, but disputes whether Officer Pikolcz informed Shannon that his purpose was to complete the crash report. DSOF ¶¶ 30-31; R. 65, Pl.'s Resp. DSOF ¶ 30. Baier told Shannon to stop talking once Officer Pikolcz started asking about the contraband he recovered in Shannon's vehicle. Pl.'s Resp. DSOF ¶ 34. Officer Pikolcz states that at this point, he explained to Baier that he had to get information for the crash report, but Baier denies that Officer Pikolcz ever said this. DSOF ¶ 35; Pl.'s Resp. DSOF ¶ 35. Officer Pikolcz warned Baier several times that she was obstructing his investigation and could be arrested. Pl.'s Resp. DSOF ¶ 36. At no point before or after Baier entered the room did Shannon request an attorney. Pl.'s Resp. DSOF ¶ 33.

Baier and Officer Pikolcz's versions of events after Baier entered Shannon's exam room continue to diverge. As Officer Pikolcz tells it, after he warned Baier that she was obstructing justice, Baier walked to the other side of the room, directly towards Officer Pikolcz. Id. ¶ 39. Baier then squeezed into the small space behind Officer Pikolcz to move towards the head of Shannon's bed. Id. ¶ 38. Officer Pikolcz put his arm up and said “Stop, ” after which Baier pushed Officer Pikolcz's arm away and yelled at him. Id. ¶¶ 39-40. Officer Pikolcz announced his intent to handcuff Baier and charge her with battery. Id. ¶ 41. Officer Pikolcz then grabbed Baier by the arm and shoulder, ordered her to get on her knees on the floor to place her under arrest and did so. Id. ¶¶ 42-43.

As Baier tells it, Officer Pikolcz told her he was going to arrest her for obstructing justice after she stated she wanted to call her attorney. R. 65, PSOAF ¶ 12. Baier denies walking directly at Officer Pikolcz, but states that she was walking towards her purse, where her phone was located, in the corner of the room, trying to avoid physical contact with Officer Pikolcz. Pl.'s Resp. DSOF ¶ 37; PSOAF ¶¶ 1, 8. Baier concedes Officer Pikolcz may have thought she was trying to get between him and Shannon, but she denies that Officer Pikolcz ever put his arm up and said “Stop.” Pl.'s Resp. DSOF ¶ 39. Naturally then, she also denies pushing his arm away and yelling at him. Id. ¶ 40. Baier denies initiating physical contact with Officer Pikolcz; to the contrary, Baier states that Officer Pikolcz grabbed Baier and threw her into the exam room wall. PSOAF ¶¶ 8-9. Officer Pikolcz then arrested her, grabbing Baier by the arm and shoulder, ordering her to get on her knees on the floor to place her under arrest, and handcuffing her behind her back while she was on the floor. Pl's Resp. DSOF ¶¶ 42-43.

After the arrest, Officer Pikolcz transferred Baier to the Campton Hills Police Department and issued her a Notice to Appear for the charge of Obstructing a Police Officer. Pl.'s Resp. DSOF ¶¶ 45-46. Baier appeared in Kane County Court for the charge. Id. ¶ 47. On May 1, 2018, the Kane County State's Attorney's Office filed a Motion to Amend the charge to add additional counts: battery and resisting arrest. On May 8, 2018, the State's Attorney nolle prossed^[2] the charges. Id. ¶¶ 48-49. Officer Pikolcz had no contact with the Kane County State's Attorney's Office about Baier's criminal case until after it was dismissed. Id. ¶ 50.

Baier filed suit against Defendants asserting claims for: excessive force pursuant to 42 U.S.C. §§ 1983 and 1988 against Officer Pikolcz (Count I); false arrest pursuant to 42 U.S.C. § 1983 against Officer Pikolcz (Count II); state common law claims of battery against Officer Pikolcz (Count III), malicious prosecution against Officer Pikolcz (Count IV), and indemnification against the Village (Count V). Defendants' motion for summary judgment is before the Court.

Standard of Review

Summary judgment must be granted “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” FED. R. CIV. P. 56(a). The party seeking summary judgment has the initial burden of showing that there is no genuine dispute and that they are entitled to judgment as a matter of law. Carmichael v. Vill. of Palatine, 605 F.3d 451 460 (7th Cir. 2010); see also Celotex Corp. v Catrett, 477 U.S. 317, 323 (1986); Wheeler v. Lawson, 539 F.3d 629, 634 (7th Cir. 2008). If this burden is met, the adverse party must then “set forth specific facts showing that there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256 (1986). A genuine issue of material fact exists if “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id. at 248. In evaluating summary judgment motions, cou...