Swanigan v. City of Chicago

Dist. Ct. erred in dismissing plaintiff’s section 1983 Monell, policy or practice claim against defendant-City that had been stayed while plaintiff pursued related section 1983 action alleging that defendant’s police officers violated plaintiff’s constitutional rights when they arrested him on traffic insurance card violation and delayed his appearance in court for probable cause hearing while investigating plaintiff for unsolved robberies, even though: (1) plaintiff had previously obtained $60,000 judgment against police officers in section 1983 action; and (2) defendant had informed Dist. Ct. that it would indemnify said police officers for any compensatory damages award, pay any nominal damage award against it and reimburse plaintiff for his reasonable attorney fees and costs. While Dist. Ct. justified dismissal based on its belief that plaintiff had already received all monetary relief that he could recover on instant Monell claim when defendant agreed to indemnify police officers in plaintiff’s claim against said officers, Dist. Ct. could not sua sponte dismiss Monell action without giving plaintiff opportunity to cure any defect or defend merits of claim. Moreover, Dist. Ct. improperly treated matter as though defendant had made Rule 68 offer of judgment and should have given plaintiff opportunity to pursue other relief against defendant as plaintiff had previously requested opportunity to do so.