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- ilnd;;1:04-cv-03933_de21 RegisterActionDate "2004-08-11" @default.
- ilnd;;1:04-cv-03933_de21 RegisterActionDescriptionText "MINUTE ORDER of 8/11/04 by Hon. Robert W. Gettleman: Defendant City of Chicago's motion to dismiss plaintiff's verified complaint at law [12-1], is denied. Although the present complaint does not state a claim directly against the City under the standards of Monell v. Dept. of Social Serv., 436 U.S. 658 (1978), and its progeny, the City may be liable under state law for any judgment against the individual defendants arising from torts committed within the scope of their employment by the City; the court has supplemental jurisdiction over the City in its capacity as indemnitor. See 745 ILCS 10/9-102; 28 U.S.C. Section 1367(a); Wilson v. City of Chicago, 120 F.3d 681, 684-85 (7th Cir. 1997). Because it may reasonably be inferred from the complaint that the individual officers were acting within the scope of their employment, plaintiff has stated a claim against the City. The court vacates that portion of its 07/29/04 order directing a response to the motion. In addition, the court grants plaintiff's motion for appointment of counsel, who is granted leave to file an amended complaint by 09/30/04 [14-1]. This matter is set for a report on status 10/07/04 at 9:00 a.m. Mailed notice (cdy) (Main Document 18 replaced on 6/18/2018) (ew, ). (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals.) Modified on 6/18/2018 (ew, ). (Entered: 08/13/2004)" @default.
- ilnd;;1:04-cv-03933_de21 AdministrativeID "18" @default.
- ilnd;;1:04-cv-03933_de21 OntologyLabel order @default.