Legal Opinion
Perez-Garcia v. Village of Mundelein
District Court, N.D. Illinois
Decided February 7, 2005No. 04 C 7216PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
CONLON, District Judge.
As a result of his detention at the Lake County jail for nearly one month, Everar-do Perez-Garcia sues Lake County and its sheriff, Gary Del Re, as well as others, for violating his civil rights under 42 U.S.C. § 1983, false imprisonment, and spoliation of evidence. Lake County and Del Re move to dismiss the complaint under Fed. R.Civ.P. 12(b)(6). 1
BACKGROUND
For purposes of this motion, the court accepts all well-pleaded allegations in the complaint as true and draw all reasonable inferences in favor of Perez-Garcia. 2 See Stachon v. United…
2Cases cited16 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Baker v. McCollanSupreme Court of the United States · 1979
- Leatherman v. Tarrant County Narcotics Intelligence and Coordination UnitSupreme Court of the United States · 1993
- Gibson v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1990
- Ronald Palmer v. Marion County, City of Indianapolis, and Sheriff Jack CotteyCourt of Appeals for the Seventh Circuit · 2003
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3Cited by1 opinion
- Allstate Insurance v. St. Anthony's Spine & Joint Institute, P.C.District Court, N.D. Illinois · 2010