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._ Minute Qrder Form (06/97)
United States District Court, Northern District of Illinois (F
Name of Assigned Jud; Sitting idge if Other
ir Magistrate Judge James B. Moran than Assigned Judge
CASE NUMBER 02 C 5021 DATE 7119/2002
CASE Lisa Calimese vs. City of Chicago et al.
TITLE

[In the following box (a) indicate the party filing the motion, ¢.g., plaintiff, defendant, 3rd party plaintifY, and (b) state briefly the nature
of the motion being presented.}

MOTION:
Memorandum Opinion and Order
DOCKET ENTRY:
qd) og Filed motion of [ use listing in “Motion” box above.]
(2) og Brief in support of motion due
(3) im Answer brief to motion due . Reply to answer briefdue__
(4) oO Ruling/Hearing on setfor_ at
(5) Oo Status hearing[held/continued to] [set for/re-set for]on___setfor___at
(6) ia) Pretrial conference[held/continued to] [set for/re-set for] on setfor_ ss at__—
(7) a Trial[set for/re-set for]on_____at
(8) oO (Bench/Jury trial] [Hearing] held/continued to___at
(9) Qo This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
CUPRCP4(m) General Rule2i OFRCP41(a\(1) CFRCP41(a)(2).
(0) +4 [Other docket entry] | Enter Memorandum Opinion and Order. Plaintiffs petition to proceed in
forma pauperis is granted.
di [For further detail see order attached to the original minute order.]

No notices required, advised in open court,

No notices required. number of notices

JUL 2 2 2002

late docketed

wal by initials

Notices mailed by judge’s staff.

Notified counsel by telephone.

oY | Docketing to mail notices,

—

Mail AO 450 form.

Copy to judge/magistrate judge.

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courtroom
WAH deputy's
initials

GF" Chitcilad rccivetin

central Clerk’s Office. nailing deputy ints



IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION
LISA CALIMESE, )
Plaintiff, }
Vs. } No. 02 C 5021
CITY OF CHICAGO and POLICE }
SUPERINTENDENT HILLARD, )
Defendants. }

MEMORANDUM OPINION AND ORDER

Plaintiff Lisa Calimese brings this complaint alleging constitutional violations. Along
with her complaint plaintiff has filed an application to proceed in forma pauperis. For the
following reasons, plaintiff’s petition to proceed in forma pauperis is granted.

Under 28 U.S.C. § 1915(a) the court may authorize a plaintiff to proceed in forma
pauperis if she is unable to pay the prescribed court fees. The application here indicates that
plaintiff is currently unemployed. While plaintiff states she receives some money from public
aid, she does not identify any other source of savings or income. On these facts, plaintiff has
established her inability to pay court fees.

Our inquiry does not end with a finding of indigency, however. Under section 1915
we must conduct an initial review of plaintiff’s claims and dismiss the action if we find that the
action is frivolous or malicious; it fails to state a claim on which relief may be granted; or
petitioner seeks damages from a defendant who is immune from such relief. 28 U.S.C. §
1915(e)(2)(B)(i)-(iii); Alston v. Debruy, 13 F.3d 1036, 1039 (7th Cir. 1994). This action does not

appear to be frivolous or malicious and defendants are not immune to liability. Our only


No, 02 C5021 Page2

inquiry, then, is whether plaintiff has properly stated a claim. We apply the same standards
as if this were an ordinary dismissal under Fed.R.Civ.P. 12(b)(6). Zimmerman vy. Tribble, 266
F.3d 568, 571 (7th Cir. 2000).

The facts of this case are taken from plaintiff's complaint. Plaintiff alleges that her
Fourth and Fourteenth Amendment rights were violated when a Chicago police officer accused
her of making false claims. Plaintiff states that the police officer arrived at this conclusion
because plaintiff is mentally ill. _In so far as plaintiff alleges that the police discriminated.
against her on the basis of her mental illness, she has stated a recognizable claim under the
equal protection clause of the Fourteenth Amendment. In order to succeed on this claim
plaintiff will eventually have to show that there is no rational basis for this alleged

discrimination. Board of Trustees of University of Alabama vy. Garrett, 531 U.S., 356, 357

(2001) citing Cleburne v. Cleburne Living Center, 473 U.S. 432. Under the minimal Rule

12(b)(6) standard, plaintiff's complaint can go forward.

For the above reasons, plaintiff's petition to proceed in forma pauperis is granted.

JAMES B. MORAN
ior Judge, U.S. District Court
> 2002.