Roy E. Ford v. Curtis Wilson, 90 F.3d 245 (7th Cir. 1996). · Go Syfert
Roy E. Ford v. Curtis Wilson, 90 F.3d 245 (7th Cir. 1996). Cases Citing This Book View Copy Cite
239 citation events (224 in the last 25 years) across 24 distinct courts.
Strongest positive: Alarm Detection Systems, Inc. v. Village of Schaumburg (ilnd, 2024-10-30)
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Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Alarm Detection Systems, Inc. v. Village of Schaumburg (2×) also: Cited as authority (rule)
N.D. Ill. · 2024 · quote attribution · 1 verbatim quote · confidence high
we do not mean to commend the practice. the federal rules envisage the submission of evidentiary material in response to a motion for summary judgment as a means of sharpening the issues, so that the judge can determine just what if anything must be tried.
discussed Cited as authority (rule) Knox v. Jeffreys
S.D. Ill. · 2025 · confidence medium
“A verified complaint—signed, sworn, and submitted under penalty of perjury— can be considered ‘affidavit material’ provided the factual allegations otherwise satisfy the affidavit criteria specified in Rule 56 of the Federal Rules of Civil Procedure and the declarant complies with 28 U.S.C. § 1746 , which sets forth the requirements for verification under penalty of perjury.” James v. Hale, 959 F.3d 307 , 314 (7th Cir. 2020) (citing Ford v. Wilson, 90 F.3d 245, 247 (7th Cir. 1996) (internal citations omitted)).
cited Cited as authority (rule) Muse v. City Of Chicago
N.D. Ill. · 2025 · confidence medium
Ford v. Wilson, 90 F.3d 245, 248 (7th Cir. 1996).
cited Cited as authority (rule) Veasey v. Thoms
C.D. Ill. · 2025 · confidence medium
Ford v. Wilson, 90 F.3d 245, 247 (7th Cir. 1996). committed a two-count violation of municipal ordinances.
discussed Cited as authority (rule) Powell v. Sitzman
E.D. Wis. · 2024 · confidence medium
It is a verified complaint, which means that it is “not just a pleading; it is also the equivalent of an affidavit for the purposes of summary judgment, because it ‘contains factual allegations that if included in an affidavit or deposition would be considered evidence, and not merely assertion.’” Beal v. Beller, 847 F.3d 897, 901 (7th Cir. 2017 (quoting Ford v. Wilson, 90 F.3d 245, 246 (7th Cir. 1996)).
discussed Cited as authority (rule) Keith v. Carlson
E.D. Wis. · 2024 · confidence medium
The court treats the verified complaint as “the equivalent of an affidavit for purposes of summary judgment, because it ‘contains factual allegations that if included in an affidavit or deposition would be considered evidence, and not merely assertion.’” Beal v. Beller, 847 F.3d 897, 901 (7th Cir. 2017) (quoting Ford v. Wilson, 90 F.3d 245, 246 (7th Cir. 1996)).
discussed Cited as authority (rule) Ducksworth v. Utter
E.D. Wis. · 2024 · confidence medium
Because the amended complaint is verified, the court treats it as “the equivalent of an affidavit for purposes of summary judgment, because it ‘contains factual allegations that if included in an affidavit or deposition would be considered evidence, and not merely assertion.’” Beal v. Beller, 847 F.3d 897, 901 (7th Cir. 2017) (quoting Ford v. Wilson, 90 F.3d 245, 246 (7th Cir. 1996)).
discussed Cited as authority (rule) Turner-Harris v. Priebe
E.D. Wis. · 2024 · confidence medium
The court treats the verified complaint as “the equivalent of an affidavit for purposes of summary judgment, because it ‘contains factual allegations that if included in an affidavit or deposition would be considered evidence, and not merely assertion.’” Beal v. Beller, 847 F.3d 897, 901 (7th Cir. 2017) (quoting Ford v. Wilson, 90 F.3d 245, 246 (7th Cir. 1996)).
discussed Cited as authority (rule) Tallman v. Jeanpierre
E.D. Wis. · 2023 · confidence medium
See 28 U.S.C. §1746 ; Bell v. Beller, 847 F.3d 897, 901 (7th Cir. 2017) (a verified complaint “is the equivalent of an affidavit for the purposes of summary judgment, because it ‘contains factual allegations that if included in an affidavit or deposition would be considered evidence, and not merely assertion,’” quoting Ford v. Wilson, 90 F.3d 245, 246 (7th Cir. 1996)).
discussed Cited as authority (rule) Anderson v. Lawrence Hall Youth Services
N.D. Ill. · 2023 · confidence medium
Because that complaint was verified, “it is . . . the equivalent of an affidavit for purposes of summary judgment,” Beal v. Beller, 847 F.3d 897, 901 (7th Cir. 2017) (quoting Ford v. Wilson, 90 F.3d 245, 246 (7th Cir. 1996), and may be considered as evidence to the extent it is based on personal knowledge.
cited Cited as authority (rule) Torres v. Wexford Health Sources Incorporated
S.D. Ill. · 2023 · confidence medium
Ford v. Wilson, 90 F.3d 245, 246-47 (7th Cir. 1996).
cited Cited as authority (rule) Bivens v. Target Corporation
E.D. Wis. · 2022 · confidence medium
See Devbrow v. Gallegos, 735 F.3d 584, 588 (7th Cir. 2013); Ford v. Wilson, 90 F.3d 245, 248 (7th Cir. 1996).
discussed Cited as authority (rule) Durley v. Tupin
E.D. Wis. · 2022 · confidence medium
The plaintiff averred in his verified complaint that after the other person was sprayed, he informed Taplin and Demers that he “couldnt breath, & [was] weezing severely, that [he] 3 The verified complaint “is the equivalent of an affidavit for purposes of summary judgment, because it ‘contains factual allegations that if included in an affidavit or deposition would be considered evidence, and not merely assertion.’” Beal v. Beller, 847 F.3d 897, 901 (7th Cir. 2017) (quoting Ford v. Wilson, 90 F.3d 245, 246 (7th Cir. 1996)). 4 In his unsworn opposition to the defendants’ proposed fi…
discussed Cited as authority (rule) Rainer v. Lucksted
E.D. Wis. · 2022 · confidence medium
No. 49. “[T]he law allows verified complaints—containing not just allegations but sworn statements of fact—to serve as evidence for purposes of summary judgment.” Jones v. Van Lanen, 27 F.4th 1280 , 1286 (citing Ford v. Wilson, 90 F.3d 245, 246-47 (7th Cir. 1996)).
discussed Cited as authority (rule) Spears v. Tyler
E.D. Wis. · 2022 · confidence medium
See Devbrow v. Gallegos, 735 F.3d 584, 587 (7th Cir. 2013) (citing 28 U.S.C. §1746 ; Ford v. Wilson, 90 F.3d 245, 246-47 (7th Cir. 1996)); see also Lewis v. McLean, 864 F.3d 556, 561 (7th Cir. 2017) (verified complaint is “the equivalent of an affidavit for purposes of summary judgment”). placed the plaintiff on suicide watch.
discussed Cited as authority (rule) Dukes v. City Of Freeport Illinois
N.D. Ill. · 2022 · signal: cf. · confidence medium
Cf. Ford, 90 F.3d at 248 (noting that “we hope that the judicially engineered expansion of constitutional law from its modest textual base has not reached the point where every one of the millions of traffic stops of speeders 16 Id. at approximately four minutes and twenty seconds. and other traffic offenders made every year becomes a candidate for a federal suit.”).17 Because Godsil was not similarly situated, Plaintiffs cannot establish that the officers’ actions had a discriminatory effect.
cited Cited as authority (rule) Alfredia Edwards as Independent Administrator of the Estate of Nathaniel Edwards v. Officer John Doe
N.D. Ill. · 2022 · confidence medium
Ford v. Wilson, 90 F.3d 245, 248-49 (7th Cir. 1996).
cited Cited as authority (rule) McDougal v. Penn
E.D. Wis. · 2021 · confidence medium
Ford v. Wilson, 90 F.3d 245, 246-47 (7th Cir. 1996).
discussed Cited as authority (rule) HARRIS v. WEXFORD
S.D. Ind. · 2021 · confidence medium
Generally, "a plaintiff may not rely on mere allegations or denials in his complaint when opposing a properly supported motion for summary judgment." James v. Hale, 959 F.3d 307, 314 (7th Cir. 2020) (citing Ford v. Wilson, 90 F.3d 245, 247 (7th Cir. 1996)).
discussed Cited as authority (rule) Long, Peter v. Steger, Mario
W.D. Wis. · 2021 · confidence medium
But a court is only bound to consider at summary judgment those factual assertions in a verified complaint that are based on the affiant’s personal knowledge, Ford v. Wilson, 90 F.3d 245, 247 (7th Cir. 1996), I did that here.
cited Cited as authority (rule) SAMPLE v. THE BARTHOLOMEW CO. COMMUNITY CORRECTION CENTER
S.D. Ind. · 2021 · confidence medium
Id. (citing Ford v. Wilson, 90 F.3d 245, 247 (7th Cir. 1996)).
cited Cited as authority (rule) Ortiz v. Pearcy
N.D. Ind. · 2021 · confidence medium
Ford v. Wilson 90 F.3d 245, 246-47 (7th Cir. 1996).
discussed Cited as authority (rule) David Goodman v. Z. Diggs
4th Cir. · 2021 · confidence medium
The Seventh Circuit held it was appropriate to consider Beal’s original, verified complaint as evidence—including the key allegation—even though it had been superseded as a pleading, because a verified complaint contains “factual allegations that if included in an affidavit or deposition would be considered evidence, and not merely assertion.” Id. (quoting Ford v. Wilson, 90 F.3d 245, 246 (7th Cir. 1996)).
discussed Cited as authority (rule) Robinson v. Crouther-Tole
E.D. Wis. · 2020 · confidence medium
Gray v. Hardy, 826 F.3d 1000, 1005 (7th Cir. 2016). “[A] verified complaint—signed, sworn, and submitted under penalty of perjury—can be considered ‘affidavit material’ provided the factual allegations otherwise satisfy the affidavit criteria specified in Rule 56 of the Federal Rules of Civil Procedure and the declarant complies with 28 U.S.C. § 1746 , which sets forth the requirements for verification under penalty of perjury.” James v. Hale, 959 F.3d 307, 314 (7th Cir. May 14, 2020) (citing Ford v. Wilson, 90 F.3d 245, 247 (7th Cir. 1996)).
cited Cited as authority (rule) DAVIS v. LOOP
S.D. Ind. · 2020 · confidence medium
James v. Hale, 959 F.3d 307, 314 (7th Cir. 2020) (emphasis in original) (quoting Ford v. Wilson, 90 F.3d 245, 246-47 (7th Cir. 1996)).
discussed Cited as authority (rule) CLAYTON v. ARAMARK CORPORATION
S.D. Ind. · 2020 · confidence medium
Generally, "a plaintiff may not rely on mere allegations or denials in his complaint when opposing a properly supported motion for summary judgment." James v. Hale, 959 F.3d 307, 314 (7th Cir. 2020) (citing Ford v. Wilson, 90 F.3d 245, 247 (7th Cir. 1996)).
discussed Cited as authority (rule) Dustin James v. Deborah Hale (2×)
7th Cir. · 2020 · confidence medium
Relying on our decision in Ford v. Wilson, 90 F.3d 245, 247 (7th Cir. 1996), the judge determined that the affidavits were not impermissible merely because they simply swore to the truth of allegations in the amended complaint.
discussed Cited as authority (rule) Dustin James v. Deborah Hale (2×)
7th Cir. · 2020 · confidence medium
Relying on our decision in Ford v. Wilson, 90 F.3d 245, 247 (7th Cir. 1996), the judge determined that the affidavits were not impermissible merely because they simply swore to the truth of allegations in the amended complaint.
discussed Cited as authority (rule) Solomon v. Sobek
E.D. Wis. · 2020 · confidence medium
This makes the amended complaint a “verified complaint,” which is “the equivalent of an affidavit for purposes of summary judgment, because it ‘contains factual allegations that if included in an affidavit or deposition would be considered evidence, and not merely assertion.’” Beal v. Beller, 847 F.3d 897, 901 (7th Cir. 2017) (quoting Ford v. Wilson, 90 F3d 245, 246 (7th Cir. 1996)).
discussed Cited as authority (rule) Kitterman v. Brinkley
S.D. Ill. · 2020 · signal: cf. · confidence medium
P. 56(c)(1)(A), (e); Reed v. Allied Waste Transp., Inc., 621 F. App’x 345, 347 (7th Cir. 2015) (“unsworn allegations are not evidence.”); cf. Ford v. Wilson, 90 F.3d 245, 247 (7th Cir. 1996) (finding the plaintiff converted the complaint into an affidavit by declaring under penalty of perjury that the complaint was true and signing it).
discussed Cited as authority (rule) Kenyatta Bridges v. Thomas Dart
7th Cir. · 2020 · confidence medium
See also Grieveson v. Anderson, 538 F.3d 763, 774 (7th Cir. 2008) (four incidents fail to meet the test of widespread unconstitutional practice that is so well settled that it constitutes a custom or usage with the force of law); Estate of Moreland v. Dieter, 395 F.3d 747, 760 (7th Cir. 2005) (three incidents do not amount to a widespread practice); Gable v. City of Chicago, 296 F.3d 531, 538 (7th Cir. 2002) (three 4 (...continued) in an affidavit or deposition would be considered evidence); Ford v. Wilson, 90 F.3d 245, 246-47 (7th Cir. 1996) (same).
discussed Cited as authority (rule) Kenyatta Bridges v. Thomas Dart
7th Cir. · 2020 · confidence medium
See also Grieveson v. Anderson, 538 F.3d 763, 774 (7th Cir. 2008) (four incidents fail to meet the test of widespread unconstitutional practice that is so well settled that it constitutes a custom or usage with the force of law); Estate of Moreland v. Dieter, 395 F.3d 747 , 760 (7th Cir. 2005) (three incidents do not amount to a widespread practice); Gable v. City of Chicago, 296 F.3d 531 , 538 (7th Cir. 2002) (three 4 (...continued) in an affidavit or deposition would be considered evidence); Ford v. Wilson, 90 F.3d 245, 246-47 (7th Cir. 1996) (same).
cited Cited as authority (rule) Joski v. Zeratsky
E.D. Wis. · 2020 · confidence medium
Ford v. Wilson, 90 F.3d 245, 247 (7th Cir. 1996). in his mouth, and his lower lip was split wide open.
cited Cited as authority (rule) Dunmore v. Duncan
S.D. Ill. · 2020 · confidence medium
Ford v. Wilson, 90 F.3d 245, 247 (7th Cir. 1996).
discussed Cited as authority (rule) Beard v. Federal Bureau of Prisons
S.D. Ill. · 2019 · confidence medium
P. 56(e) advisory committee’s note (“[W]hen a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the . . . party’s pleading.”); Ford v. Wilson, 90 F.3d 245, 246 (7th Cir. 2006).
discussed Cited as authority (rule) Price v. Brown
E.D. Wis. · 2019 · confidence medium
(Ford v. Wilson, 90 F.3d 245, 246-47 (7th Cir. 1996)). 2 Perhaps the administrative code numbers have changed in recent years; the court’s research indicates that the Enterprises and Fraud provision of the administrative code is §DOC 303.36.
discussed Cited as authority (rule) Vega v. The Chicago Board of Education
N.D. Ill. · 2018 · signal: cf. · confidence medium
Mar. 6, 2013) (declining to consider an unverified complaint as evidence on summary judgment); cf. Ford v. Wilson, 90 F.3d 245, 246-47 (7th Cir. 1996) (holding that a verified complaint is evidence on summary judgment).
discussed Cited as authority (rule) Emma Cehovic-Dixneuf v. Lisa Wong
7th Cir. · 2018 · confidence medium
P. 56(c)(4) (affidavits or decla‐ rations “must be made on personal knowledge, set out facts 8 No. 17‐1532 that would be admissible in evidence, and show that the affi‐ ant or declarant is competent to testify on the matters stated”); see, e.g., Cairel v. Alderden, 821 F.3d 823, 830 (7th Cir. 2016); Stinnett v. Iron Works Gym/Executive Health Spa, Inc., 301 F.3d 610, 613 (7th Cir. 2002); Ford v. Wilson, 90 F.3d 245, 247 (7th Cir. 1996).
discussed Cited as authority (rule) Emma Cehovic-Dixneuf v. Lisa Wong
7th Cir. · 2018 · confidence medium
P. 56(c)(4) (affidavits or decla‐ rations “must be made on personal knowledge, set out facts 8 No. 17‐1532 that would be admissible in evidence, and show that the affi‐ ant or declarant is competent to testify on the matters stated”); see, e.g., Cairel v. Alderden, 821 F.3d 823, 830 (7th Cir. 2016); Stinnett v. Iron Works Gym/Executive Health Spa, Inc., 301 F.3d 610, 613 (7th Cir. 2002); Ford v. Wilson, 90 F.3d 245, 247 (7th Cir. 1996).
discussed Cited as authority (rule) Charles Beal, Jr. v. James Beller
7th Cir. · 2017 · confidence medium
But a verified complaint is not just a pleading; it is also the equivalent of an affidavit for purposes of summary judgment, because it “contains factual allegations that if included in an affidavit or deposition would be considered evidence, and not merely assertion.” Ford v. Wilson, 90 F.3d 245, 246 (7th Cir. 1996).
discussed Cited as authority (rule) Mawson v. Pittston Police Department
M.D. Penn. · 2015 · confidence medium
See United States v. Hernandez, 418 F.3d 1206 , 1212 n. 7 (11th Cir.2005) (“Of trifles the law does not concern itself: De minimis non curat lex.”); United States v. Broomfield, 417 F.3d 654, 656 (7th Cir.2005); Ford v. Wilson, 90 F.3d 245, 248 (7th Cir.1996).
cited Cited as authority (rule) Eugene Devbrow v. Steven Gallegos
7th Cir. · 2013 · confidence medium
See 28 U.S.C. § 1746 ; Ford v. Wilson, 90 F.3d 245, 246-47 (7th Cir.1996); Hart v. Hairston, 343 F.3d 762, 765 (5th Cir.2003); Roberson v. Hayti Police Dep’t, 241 F.3d 992, 994-95 (8th Cir.2001).
cited Cited as authority (rule) Smith v. Rohana
7th Cir. · 2011 · confidence medium
See Owens v. Hinsley, 635 F.3d 950, 955 (7th Cir.2011); Ford v. Wilson, 90 F.3d 245, 246-47 (7th Cir.1996).
discussed Cited as authority (rule) Owens v. Hinsley
7th Cir. · 2011 · confidence medium
See, e.g., Pretka v. Kolter City Plaza II, Inc., 608 F.3d 744 , 749 n. 5 (11th Cir.2010); El Bey v. Roop, 530 F.3d 407, 414 (6th Cir.2008); Dale v. Lappin, 376 F.3d 652, 655 (7th Cir.2004); Ford v. Wilson, 90 F.3d 245, 246 (7th Cir.1996).
discussed Cited as authority (rule) Green v. Corrections Corp. of America
10th Cir. · 2010 · confidence medium
Cf. Iadimarco v. Runyon, 190 F.3d 151, 156 (3d Cir.1999) (holding that the fact that the individual responsible for a hiring decision was of a different race than the non-selected plaintiff does not establish a case of racial discrimination); Ford v. Wilson, 90 F.3d 245, 248 (7th Cir.1996) (holding that an arbitrary traffic stop coupled with a difference in race between the person stopped and the officer does not establish a case of racial discrimination).
cited Cited as authority (rule) Payette, Allen v. Hoenisch, Randy
7th Cir. · 2008 · confidence medium
See Dale v. Lappin, 376 F.3d 652, 655 (7th Cir.2004) (response to summary judgment motion); Ford v. Wilson, 90 F.3d 245, 247 (7th Cir.1996) (complaint).
cited Cited as authority (rule) Johnson, Brad v. City of Kankakee
7th Cir. · 2008 · confidence medium
Ford v. Wilson, 90 F.3d 245, 247 (7th Cir.1996); see Fed.R.Civ.P. 56(e).
discussed Cited as authority (rule) Gamblin, Tim L. v. Groves, Danny
7th Cir. · 2005 · confidence medium
True, a complaint or other submission made under penalty of perjury can sometimes substitute for a formal affidavit in rebutting a motion for summary judgment. 28 U.S.C. § 1746 ; Ford v. Wilson, 90 F.3d 245, 247 (7th Cir.1996).
cited Cited as authority (rule) Haught v. the Louis Berkman, LLC
N.D.W. Va. · 2005 · confidence medium
See Fed.R.Civ.P. 56(e); Ford v. Wilson, 90 F.3d 245, 247 (7th Cir.1996); Schroeder v. McDonald, 55 F.3d 454, 460 (9th Cir.1995).
cited Cited as authority (rule) Shoemaker v. United States Department of Justice
7th Cir. · 2004 · confidence medium
See 28 U.S.C. § 1746 ; Dale v. Lappin, 376 F.3d 652, 655 (7th Cir.2004); Ford v. Wilson, 90 F.3d 245, 247 (7th Cir. 1996).
Retrieving the full opinion text from the archive…
Roy E. FORD, Plaintiff-Appellant,
v.
Curtis WILSON, Defendant-Appellee
95-2662.
Court of Appeals for the Seventh Circuit.
Jul 25, 1996.
90 F.3d 245
1996 U.S. App. LEXIS 18367
1996 WL 416462
Roy E. Ford (submitted on briefs), Rockford, IL, pro se., Joshua G. Vincent, Hinshaw & Culbertson, Chicago, IL, Thomas H. Boswell, John A. Sandberg, John E. Prochaska, and Gregory T. Snyder, Hinshaw & Culbertson, Rockford, IL, for defendant-appellee.
Posner, Manion, Kanne.
Cited by 135 opinions  |  Published
POSNER, Chief Judge.

Roy Ford brought suit under 42 U.S.C. § 1983 against a police officer who had arrested him after a traffic stop. The district judge granted summary judgment for the defendant, noting that Ford had not submitted an affidavit or equivalent evidence in opposition to the defendant’s affidavit. But he had. For he had verified his complaint, and the complaint contains factual allegations that if included in an affidavit or deposition would be considered evidence, and not merely assertion. Rule 56(e) of the Federal Rules of Civil Procedure provides that “when a motion for summary judgment is made and supported as provided in this rule, an ad[*247] verse party may not rest upon the mere allegations or denials of the ... party’s pleading.” See also Advisory Committee’s Note to 1963 Amendment to Subdivision (e). But Ford did not rest upon “mere allegations or denials” in his complaint. By declaring under penalty of perjury that the complaint was true, and by signing it, he converted the complaint, or rather those factual assertions in the complaint that complied with the requirements for affidavits specified in the rule — that they “shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein,” Fed. R.Civ.P. 56(e) — into an affidavit. That it was not called “affidavit” is of no moment, Northwestern Nat'l Ins. Co. v. Corley, 503 F.2d 224, 231 (7th Cir.1974); nor that much contained within it did not comply with the stringent requirements of the rule, for that is true of many so-called “affidavits” submitted in support of or opposition to summary judgment. Because the complaint was verified, 28 U.S.C. § 1746, as of course an affidavit must be, Pfeil v. Rogers, 757 F.2d 850, 859 (7th Cir.1985), those parts of the complaint that satisfied the requirements that we quoted above were affidavit material. Every circuit to consider the issue has so held. See, e.g., Colon v. Coughlin, 58 F.3d 865, 872 (2d Cir.1995); Schroeder v. McDonald, 55 F.3d 454, 460 (9th Cir.1995); King v. Dogan, 31 F.3d 344, 346 (5th Cir.1994). We have implied our agreement with these courts, see, e.g., Daugherity v. Traylor Bros., Inc., 970 F.2d 348, 355 n. 9 (7th Cir.1992); Enquip, Inc. v. Smith-McDonald Corp., 655 F.2d 115, 119 (7th Cir.1981), and today make our agreement explicit.

We do not mean to commend the practice. The federal rules envisage the submission of evidentiary material in response to a motion for summary judgment as a means of sharpening the issues, so that the judge can determine just what if anything must be tried. Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986); Algie v. RCA Global Communications, Inc., 891 F.Supp. 875, 883 (S.D.N.Y.1994). For the plaintiff, instead of doing this, just to point to factual assertions in his verified complaint is bound to make the identification of genuine issues of material fact difficult, complicating the work of the judge. But we do not think that such a departure from proper practice is so egregious or such a burden on the court as to warrant the fell sanction of dismissal of the suit, GCIU Employer Retirement Fund v. Chicago Tribune Co., 8 F.3d 1195, 1199 (7th Cir.1993); Newman v. Metropolitan Pier & Exposition Authority, 962 F.2d 589, 591 (7th Cir.1992), especially when the plaintiff does not have a lawyer yet is not warned.

The judge’s oversight, however, is inconsequential. The factual allegations in the complaint that are based on Mr. Ford’s personal knowledge and must therefore be taken as true in considering whether summary judgment was properly granted amount only to the claim that although he was driving in a perfectly lawful fashion Officer Wilson stopped him. They got into an altercation that led to Wilson’s arresting Ford for obstructing justice, though the charge was ultimately dismissed. Ford argues that he cannot be arrested for obstructing justice if there was no basis for stopping him in the first place, but that is obviously wrong. There are legal remedies for being stopped by the police without any basis. Physical resistance, here in the form of refusing to sign the “I-bond” (individual bond, a form of bail that a driver who has been ticketed for a traffic offense must post, Ill. S.Ct. R. 502(h), 553(d); People v. Kinney, 189 Ill.App.3d 952, 137 Ill.Dec. 484, 486, 546 N.E.2d 238, 240 (1989)), is not one of them, and it is not constitutionally protected. Cf. Ryan v. County of DuPage, 45 F.3d 1090, 1094 (7th Cir.1995). Refusing to sign a piece of paper may not be what one ordinarily thinks of as physical resistance. But under Illinois law, without the signature the driver is not allowed to continue on his way; he is under arrest. Indeed, under Illinois law the arrest takes place when the officer informs the driver that he is going to issue him a ticket. Ill. S.Ct. R. 526(a); People v. Stewart, 242 Ill. App.3d 599, 182 Ill.Dec. 773, 778, 610 N.E.2d 197, 202 (1993); People v. Kinney, supra, 137 Ill.Dec. at 486, 546 N.E.2d at 240. Signing the I-bond is the condition of being released[*248] from the officer’s custody. It is federal constitutional law, not Illinois state law, that distinguishes between a mere stop and a full-fledged arrest.

Although the arrest of Ford thus was proper, the initial stop is separable from the arrest, and a stop of a vehicle by a police officer, though not an arrest within the meaning that the courts have impressed on the Fourth Amendment, is a “seizure” within the meaning of that amendment, Delaware v. Prouse, 440 U.S. 648, 653, 99 S.Ct. 1391, 1395-96, 59 L.Ed.2d 660 (1979), and will not pass constitutional muster unless based on articulable suspicion that a traffic offense has been committed. We have not found a case, however, in which someone stopped for a simple traffic violation obtained damages in a federal constitutional tort suit on the ground that the officer did not have an articulable suspicion of a violation. (Prouse, for example, was a criminal case.) Maybe this is just because the damages would be too slight to support the expense of suing, but we hope not; we hope that the judicially engineered expansion of constitutional law from its modest textual base has not reached the point where every one of the millions of traffic stops of speeders and other traffic offenders made every year becomes a candidate for a federal suit. There are such things as de minimis deprivations of liberty, Ingraham v. Wright, 430 U.S. 651, 674, 97 S.Ct. 1401, 1414, 51 L.Ed.2d 711 (1977) (paddling a schoolchild unless “appreciable physical pain” is inflicted); maybe a routine traffic stop is one of them. Parker v. Strong, 717 F.Supp. 767, 771 (W.D.Okla.1989). United States v. Jacobsen, 466 U.S. 109, 125, 104 S.Ct. 1652, 1662-63, 80 L.Ed.2d 85 (1984), extends the de minimis principle to seizures of property challenged under the Fourth Amendment and — now we are getting very warm — Artes- Roy v. City of Aspen, 31 F.3d 958, 962-63 (10th Cir.1994), extends it to seizures of the person; that was a case where a building inspector stepped into the entry way of the plaintiffs house without the plaintiffs consent. (On the general scope of the de minimis principle in constitutional tort law, see Hessel v. O’Hearn, 977 F.2d 299, 302-304 (7th Cir.1992); cf. Glatt v. Chicago Park District, 87 F.3d 190, 193 (7th Cir.1996).) Unlike an arrest, see, e.g., Williams v. Boles, 841 F.2d 181, 183 (7th Cir.1988), a routine traffic stop is an ordinary incident of driving. But we need not pursue the issue further, as we do not understand Ford to be seeking damages merely for being stopped without (as he believes) adequate reason.

Ford has another theory of liability, however — that he is the victim of racial discrimination. Slights lose their trivial character when the motivation is racial hostility. Ford is black and claims that Wilson stopped him only because of his race and that it is the custom and practice of Wilson’s police department to stop and detain people, without justification, if they are black. Neither of these assertions is an allegation of fact within the personal knowledge of Ford. He cannot tell what Wilson’s motive is unless Wilson said something indicating a racial motive. Ford does not allege that he did. And while he can allege, he cannot testify about, a custom of Wilson’s police department. The existence of a custom, since it is by definition not an enactment or promulgation of a law or policy, can be established only by showing a pattern of behavior. City of Oklahoma City v. Tuttle, 471 U.S. 808, 823-24, 105 S.Ct. 2427, 2436-37, 85 L.Ed.2d 791 (1985); Jackson v. Marion County, 66 F.3d 151, 152 (7th Cir.1995); Calusinski v. Kruger, 24 F.3d 931, 936 (7th Cir.1994); Navarro v. Block, 72 F.3d 712, 714 (9th Cir.1996); McGautha v. Jackson County, 36 F.3d 53, 56-57 (8th Cir.1994). A pattern is unlikely to be within the personal knowledge of an outsider to the organization alleged to follow the pattern. But in any event the complaint (which remember we are treating as an affidavit) contains no suggestion of a fact, indicative of such a pattern, that might be within Ford’s personal knowledge.

We do not think, by analogy to the McDonnell-Douglas framework for deciding motions for summary judgment in employment discrimination cases, that the combination of an arbitrary stop (as we must assume for purposes of the appeal that Ford’s stop by Wilson was) with a difference in race between the person stopped and the officer establishes a prima facie ease of racial dis[*249] crimination. Otherwise any time a black arrested a white, or a white arrested a black, the person arrested could, by testifying that the arrest had been groundless, obtain a trial in federal court under 42 U.S.C. § 1983. We used the example of an arrest but the principle would apply equally to traffic stops — and again the specter of millions of new claims of constitutional infringements looms.

We do not think, finally, that Ford can appeal to the principle of Lewis v. Faulkner, 689 F.2d 100 (7th Cir.1982), that an unrepresented party (Ford was and is unrepresented) must be notified of the consequences of failing to respond to evidence presented in support of his opponent’s motion for summary judgment with evidence of his own — must be told, in short, that he cannot rest on his pleadings. Ford did present evidence, in the form of his verified complaint. We do not think that Lewis should be read to require the district judge to explain to the uncounseled plaintiff exactly how much and what kind of evidence he must present to withstand summary judgment.

AFFIRMED.