Vergara v. Chicago, No. 18-1266 (7th Cir. 2019)Annotate this Case
In September 2011 Chicago Police Officers stopped and searched the plaintiffs without justification and took them to Homan Square, which was later exposed as a den of police misconduct. The officers interrogated them for several hours, omitting Miranda warnings and ignoring repeated requests for an attorney. The plaintiffs were denied food, water, and access to a bathroom. The officers tried to coerce false confessions and threatened to file false charges against the plaintiffs if they told anyone about their mistreatment. Fearing for their safety, the plaintiffs did not seek legal redress. In early 2015 a newspaper ran an exposé on Homan Square. In March the plaintiffs sued the city and the officers. The 42 U.S.C. 1983 lawsuit was dismissed under the two-year statute of limitations. A minute order issued on March 31, 2016. The judge issued her opinion on January 31, 2018, with a Rule 58 judgment. A week later, the plaintiffs filed their notice of appeal and docketing statement. By operation of Federal Rule 4(a)(7)(A), the time to file a notice of appeal expired 180 days after the minute order. The Seventh Circuit declined to dismiss an appeal but affirmed the dismissal. The defendants’ Rule 4(a) objection was untimely under Circuit Rule 3(c)(1) but the suit was untimely. Precedent forecloses the plaintiffs’ equitable estoppel theory.