Coles v. City of Chicago

MEMORANDUM OPINION AND ORDER 1

SCHENKIER, United States Magistrate Judge.

This lawsuit arises out of an altercation at the Rose Cocktail Lounge on the night of December 31, 2001 and/or the early morning hours of January 1, 2002. Plaintiff, Reggie Coles, claims that during that altercation, he was shot in the mouth by defendant Timothy Thomas, an off-duty police officer. In his third amended complaint, Mr. Coles asserts claims: (a) against Mr. Thomas under 42 U.S.C. § 1983 (Count II), and on state law theories of negligence (Count III), assault (Count V), and battery (Count IV); (b) against…