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HORSTMAN v. COUNTY OF DUPAGE

No. 02 C 5218.

284 F.Supp.2d 1125 (2003)

John R. HORSTMAN, Plaintiff, v. COUNTY OF DUPAGE, a political subdivision of the State of Illinois, John Zaruba, Sheriff of DuPage County, Illinois, Joe Birkett, State's Attorney of DuPage County, Illinois, Liam Brennan, individually and in his capacity as Assistant State's Attorney of DuPage County, Illinois, Deputy T. Weisner (Badge # 188), and Detective Joseph Delgiudice, individually and as agents and employees of the County of DuPage, and Dick Devine, State's Attorney of Cook County, John Doe and all others not presently known, Defendants.

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

September 29, 2003.

Attorney(s) appearing for the Case

Walter Peter Maksym, Jr., Chicago, IL, for Plaintiff.

Kimberly D. Fahrbach, Rooks Pitts, Lisle, IL, James Gus Sotos, Michael D. Bersani, Dana M. Shannon, Hervas, Sotos, Condon & Bersani, Itasca, IL, Nancy J. Wolfe, Wheaton, IL, John A. Ouska, Donald J. Pechous, Cook County State's Attorney, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

I.

On July 24, 2001, plaintiff John R. Horstman was riding his bicycle on a public trail in DuPage County. As Mr. Horstman approached a bridge, a DuPage County Sheriff squad car pulled forward and blocked his path. Deputy Thomas Weiser asked Mr. Horstman where he was going and how long he had been on the trail. Mr. Horstman replied that he was heading home and that he had been on the trail...

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