Felton v. City of Chicago

Felton was in a car in Harvey, Illinois, when he was approached by an unmarked car with tinted windows. Felton, who was unarmed, claims that he feared for his life and fled onto the expressway, heading toward Chicago. Officers “chased” him, firing guns, then “ram[med]” their cars into his, causing him to crash. He states he was “shot by 6 different stu[n] guns,” “put into critical condition,” and suffered broken bones, bruises, a concussion, lost vision, and other injuries. He underwent several surgeries and suffered “excruciating pain and mental anguish.” He filed suit under 42 U.S.C. 1983. Because Felton was incarcerated at the time, the judge conducted an initial screening under, 28 U.S.C. 1915A, noting that the allegations were insufficient to state claims against the only named defendants: Chicago and its police superintendent (in his official capacity). The judge found it “painfully obvious” that Felton’s complaint “had omitted critical facts” and consulted newspaper accounts of Felton’s arrest. “Instead of expending further resources in recapping what those newspaper accounts reflected,” the judge attached them as exhibits to his order, dismissing the suit as “frivolous.” The Seventh Circuit reversed, noting that at least one part of Felton’s complaint was legally viable: his allegation that he was shot by multiple stun guns. View "Felton v. City of Chicago" on Justia Law