Therefore, we find that Sam Cerda was not similarly situated to Adam and Daniel Holm for equal protection purposes. On July 2, 2005, at approximately 7:17 p.m., defendant Officers Harsiem and Clark responded to a citizen complaint that Daniel Holm, an unlicensed driver, was in a Coal City skate park attempting to hit other individuals while riding a motorized scooter. At approximately 10:14 p.m. on July 2, 2005, Officer Harsiem again observed Daniel Holm riding the electric scooter, this time on a roadway with no registration and no headlights. With respect to Coal City Police Chief Neary, Holm alleges that Chief Neary instructs his officers what to do and is therefore part of the alleged conspiracy. The Santa Fe Railway formerly served Coal City at Coal City Station. VanArkel arrived on the scene with his wife approximately three to five minutes after he was called. Although not necessary, Holm's conviction on the obstruction charge is sufficient for a finding a probable cause to have arrested him. It’s a rural town of approximately 5500 with great schools, great people and proximity to industry that provides for well paying jobs. It is served by Interstate 55. After two requests from Officer Clark, Adam Holm exited the vehicle and walked to the trunk area. 9AM - 8 PM Friday 9 AM - 6 PM by Dylan Wells November 4, 2020. Our churches, Library District, School District, Fire District, civic organizations, and business community work with the Village to ensure the needs of our citizens are met. of the City of New York and its progeny. Coal City has a good collection of stores and restaurants in town along with a skate center, but most residents travel into surrounding towns for more options for shopping, dining, and entertainment. The party seeking summary judgment has the burden of establishing the lack of any genuine issue of material fact. Monday we are closed. 2004). Officer Clark advised VanArkel to remain in his vehicle. Deputy Onsen then pushed Holm twice in the back to move him towards the police car. Schaller advised Officer Harsiem to issue Daniel Holm a citation for riding a motorized scooter without a valid driver's license and to issue Adam Holm a citation for allowing an unauthorized person to drive. Family restaurant serving American dishes and classic, country dining § 1983 against Officer Clark relating to Adam Holm's arrest on July 3, 2005, (4) false arrest in violation 42 U.S.C. Months later, Adam and Daniel Holm went to the Coal City police station and spoke with Officer Clark regarding the Holms' scooter. . Adam Holm then began a conversation with VanArkel's wife across the street through the vehicles' open windows. In case of any confusion, feel free to reach out to us.Leave your message here. Holm denies that he resisted arrest and alleges that, throughout this incident, he was cooperative and relaxed. Accordingly, summary judgment is granted in favor of Deputy Onsen and all of the Coal City defendants on the plaintiffs' claims for conspiracy. United States District Court, N.D. Illinois, Eastern Division. Upon pulling his car to the side of the street, Adam Holm directed his daughter, Rebecca, to call Adam Holm's friend, William VanArkel, to the scene of the traffic stop. Holm again stopped walking and paused to complain to Officer Clark in what the defendants allege was a loud and argumentative tone. See Currier v. Baldridge, 914 F.2d 993, 996 (7th Cir. Excessive force claims in the context of an arrest or investigatory stop are analyzed under the Fourth Amendment's "reasonableness" standard. Our warm, friendly residents take great pride in our Village and what it has to offer. . Lopez v. City of Chicago, 464 F.3d 711, 718 (7th Cir. The plaintiffs filed their second amended complaint on April 28, 2006. "Police officers have probable cause to arrest an individual when the facts and circumstances within their knowledge and of which they have reasonably trustworthy information are sufficient to warrant a prudent person to believe that a crime had been committed." "The Fourth Amendment protects against unreasonable seizures. It’s my honor to serve the Village of Coal City and its residents as their Mayor. The police station was closed and Officer Clark, who was in his patrol car leaving the station, told the Holms to come back the next day to speak with the officer in charge of property. COAL CITY PUBLIC LIBRARY DISTRICT : ADDRESS 85 N. Garfield St. Coal City, IL 60416 815-634-4552 815-634-2950 FAX HOURS Mon. The Santa Fe Railway formerly served Coal City at Coal City Station. Under these circumstances, we find that Officer Harsiem had probable cause to seize the scooter on July 28, 2005. Accordingly, summary judgment is granted in favor of the Coal City defendants on the plaintiffs' claim for false arrest with respect to Adam Holm's arrest on June 30, 2005. Also a great option for commuters, Coal City is only 30 minutes away. It is served by Interstate 55. McDonald v. Vill. Adam Holm did not inquire as to the impoundment of the scooter at that time. The Holms rely on Sam Cerda as a comparator. village of coal city ORDER This case involves the repeated run-ins of a father and son with local police over a motorized scooter, resulting in multiple citations and an arrest for obstruction of a peace officer. 2003). We find that the forces used by Deputy Onsen and Officer Clark, respectively, in effecting Adam Holm's July 3, 2005 arrest were objectively reasonable in light of the facts and circumstances confronting them. Coal City has a good collection of stores and restaurants in town along with a skate center, but most residents travel into surrounding towns for more options for shopping, dining, and entertainment. I invite you to contact any of us as needs arise. The Santa Fe Railway formerly served Coal City at Coal City Station. Coal City is a village in Grundy County in the U.S. state of Illinois. Coal City is a village in Grundy County in the U.S. state of Illinois. Sunday 8-2pm. The charge was later modified to obstruction of service of process, and Adam Holm was found guilty of that charge after a trial by jury. Officer Clark drove Holm to the Coal City police station where Holm was charged with resisting arrest. Village Administrator Matt Fritz spoke about the final levy figures. Plans are also underway at Rugeley in Staffordshire, where a former coal-fired power station will be turned into a village of 2,300 homes heated partly by water from disused shafts. Id. The Coal River Valley wineries are some of the best wineries near Hobart. The Coal City defendants separately move for summary judgment on all counts against them. On behalf of myself, the village board, village administrator and the entire village staff, we hope you will enjoy this site and learn all about our great village. Also a great option for commuters, Coal City is only 30 minutes away. Clerks also support the elections process and provide a … Deputy Onsen now moves for summary judgment on all counts against him. The Coal City defendants argue that they should be awarded summary judgment on the plaintiffs' claim for an illegal seizure of the plaintiffs' scooter because Officer Harsiem had probable cause to impound the scooter. 436 U.S. 658 (1978). Holm was eventually placed into the back of the police car. Coal City is a village in Grundy County in the U.S. state of Illinois. Get 1 point on providing a valid sentiment to this The population was 5,587 at the 2010 census. Holm was ultimately found not guilty of the charge of resisting arrest. Adam Holm observed and allowed Daniel and Sam Cerda (14-year-old girl) to ride the Holms' motorized scooter on the roadway. The Coal City Village Board last week approved their 2020 tax levy. The last day to provide feedback is Feb. 18. Here, the evidence demonstrates that Officer Harsiem observed Daniel Holm, an unlicensed driver, driving a motorized scooter in a skate park on July 2, 2005, and on roadways without operable lights or registration on both July 2, 2005 and July 28, 2005. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Here, the only policy identified by the plaintiffs is their claim that the Village of Coal City had a policy for seizing property that violated the plaintiffs' constitutional rights. Id. Adam Holm alleges in his complaint that all of the defendants participated in a civil conspiracy to deprive the Holms of their constitutional rights. Dust Cloud Envelops Little Village After Smokestack Demolition: ‘My Lungs Started Hurting’ Despite a global pandemic — and a virus that impacts respiratory health — the city allowed the demolition of the old Crawford Coal Plant smokestack in Little Village. "Determining whether the force used . Because the plaintiffs have failed to identify any policy or practice that causes a constitutional violation, summary judgment is granted in favor of the Village of Coal City on all counts brought against it. It is served by Interstate 55. Police officers are entitled to rely on a civilian complaint made by a credible witness. . Make certain you have an account already with them. at 396-97. The plaintiffs generally assert that there is a conspiracy among all the defendant officers to deprive the plaintiffs of their constitutional rights. If a seizure is justified by probable cause, then the seizure is reasonable under the Fourth Amendment. Coal City is a village in Grundy County in the U.S. state of Illinois. With respect to Sergeant Howell, Holm alleges that Sergeant Howell stopped Holm one time and told Holm not to ride Holm's scooter on the road, and that Sergeant Howell "followed" Holm and Daniel while Holm was with Daniel on Daniel's paper route. Officer Clark was the only Coal City police officer on duty at the time, so Deputy Onsen was dispatched to the scene because it is standard procedure to have a second officer present during an arrest. The population was 5,587 at the 2010 census. Click here to remove this judgment from your profile. Once Deputy Onsen arrived on the scene, Officer Clark advised Onsen that Clark was going to serve Adam Holm with a signed complaint for Holm's arrest. Officer Clark warned Holm that he would be charged with resisting arrest if he did not cooperate. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. A criminal complaint was issued against Adam Holm for obstructing a police officer based upon his refusal to accept the citations. The population was 5,587 at the 2010 census. Please log in or sign up for a free trial to access this feature. 2004). Get 1 point on adding a valid citation to this judgment. The Coal River valley lies fifteen minutes from Tasmania’s capital of Hobart. Adam Holm alleges that he complied with Officer Clark's orders and that he turned around to walk to the police car, escorted by Officer Clark on Holm's right side and Deputy Onsen on Holm's left side. 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