Full opinion text
MEMORANDUM OPINION AND ORDER MANNING, District Judge. This case centers around the plaintiffs’ claim that the Illinois State Police stop, detain, and search African-American and Hispanic motorists solely on the basis of their race. Magistrate Judge Edward A. Bo-brick’s Report and Recommendation (“R & R”) addressing the defendants’ motion for partial summary judgment (# 150-1) is before the court. The magistrate judge recommended that the defendants’ motion be granted as to the equal protection claims of plaintiffs Peso Chavez and Gregory Lee, all plaintiffs’ freedom of movement claims, and the claims against defendants Kenneth Hall, Lonnie Inlow, Kathleen Sauter and Michael Snyders, but denied as to Chavez’ Fourth Amendment claims. He also recommended that the defendants’ motion for summary judgment as to plaintiff Joseph Gomez’ claims and the plaintiffs’ motion to strike certain paragraphs of the defendants’ Local Rule 12(m) statements (# 188-1) be denied. The plaintiffs object to all portions of the R & R adverse to them. The following objections to additional reports and recommendations are also before the court: (1) the plaintiffs’ objections regarding their motion to compel enforcement of subpoenas directed to the Office of the Secretary of State (# 216); (2) the plaintiffs’ objections regarding their motion to modify discovery subpoena (# 310); (3) the plaintiffs’ objections regarding their motion to file affidavits in opposition to the defendants’ motion to strike and dismiss their claims for equitable relief and supplemental state law claims (# 230); (4) the plaintiffs’ (# 305) and defendants’ (#307) objections regarding the defendants’ motion to strike and dismiss the plaintiffs’ claims for equitable relief and supplemental state law claims; (5) the plaintiffs’ objections regarding their motion to certify a plaintiff class (#324); and (6) the defendants’ objections regarding the March 16, 1998 report and recommendation addressing Gregory Lee (# 345). In addition, the following motions are also before the court: (1) the plaintiffs’ motion to continue the stay with respect to the defendants’ summary judgment motion (# 347-1); (2) the plaintiffs’ motion to stay additional pending matters (# 355-1); and (3) the plaintiffs’ motion to withdraw and substitute the declaration of Martin Shapiro and associated filings (# 367-1 and # 367-2). The court previously accepted the magistrate judge’s R & R and noted that a statement of reasons would follow. The court subsequently stayed proceedings in this case so that the plaintiffs eould resolve certain issues with respect to their statistical evidence. As these matters have been resolved, the court now explains its reasoning with respect to the R & R and modifies it only insofar as it now finds that Gillette, Graham, and Cessna are entitled to qualified immunity to the extent that the plaintiffs seek to impose liability on them based on Thomas’ admittedly (for summary judgment purposes) improper stop of Chavez. In addition, the court finds that Gillette and Cessna are entitled to qualified immunity based on their participation in the search of Chavez’ vehicle. Thus, Gillette and Cessna’s motion for summary judgment as to Chavez’ Fourth Amendment stop and search claims and Graham’s motion for summary judgment as to Chavez’ Fourth Amendment stop claim are granted. The court also overrules all of the objections to the magistrate judge’s reports and recommendations. Finally, the court denies the plaintiffs’ motion to continue the stay with respect to the defendants’ summary judgment motion, the plaintiffs’ motion to stay additional pending matters, and the plaintiffs’ motion for leave to withdraw and substitute the declaration of Martin Shapiro and associated filings. I. Background This court adopts the factual background in the magistrate judge’s R & R, which was based on the parties’ Local Rule 12 submissions. To briefly summarize, the plaintiffs claim, on behalf of themselves and similarly-situated individuals, that the Illinois State Police have a practice of stopping, detaining, and searching African-American and Hispanic motorists based on their race and without legally sufficient cause or justification. The plaintiffs’ claims do not, however, begin with allegations of discrimination against African-American or Hispanic motorists. Instead, they arise from the stop, search, and arrest of a white motorist, George Koutsalds. See People v. Koutsakis, 272 Ill.App.3d 159, 208 Ill.Dec. 549, 649 N.E.2d 605 (Ill.App.3d Dist.1995). In November, 1992, a state trooper stopped Koutsalds for exceeding the posted speed limit on Interstate 80 by four miles. Id., 272 Ill.App.3d at 160, 208 Ill.Dec. 549, 649 N.E.2d at 606. Koutsakis denied that he was speeding. While the trooper wrote Koutsakis a warning ticket, a second trooper arrived with a drug-sniffing dog. Id., 272 Ill.App.3d at 161, 208 Ill.Dec. 549, 649 N.E.2d at 607. The dog “alerted” and the police discovered 250 pounds of marijuana in the ensuing search of Koutsakis’ vehicle. Id. Attorney Nancy Hollander represented Koutsakis in the criminal proceedings against him. According to Hollander, when she has a client stopped with 250 pounds of marijuana, her job “is to look for miracles.” Def. St. (Ex. 23) at 48-49. She suspected that state troopers were stopping motorists based on skin tone or travel patterns, and thus decided to see if she could establish that the stop of Koutsakis was pretextual. To investigate this hunch, she hired plaintiff Peso Chavez, a private investigator and New Mexico resident, to recreate the circumstances leading to Koutsakis’ stop and arrest. Accordingly, Chavez emulated the circumstances surrounding Koutsakis’ stop and arrest by renting a red ear with California license plates and placing open maps, fast food wrappers, a cellular phone, and a gym bag in his rental ear. He then headed out to Interstate 80 for a test drive, with the full intent of being stopped. On his first day out — February 17, 1993 — Chavez, followed by Katherine Austin from the Public Defenders’ Office, saw state troopers on Interstate 80 three times but was not stopped. The next morning, Chavez and Austin set out again, traveled to the western edge of Bureau County, Illinois; and began driving east on Interstate 80. State Trooper Larry Thomas was parked on the east-bound shoulder of Interstate 80 at mile post 53. When Chavez’ vehicle passed him, he decided to follow it. Thomas followed Chavez for 24 miles, or almost one half hour, although he could not explain why he decided to do so. It is undisputed that Chavez traveled at no more than 60 miles per hour, although the speed limit was 65. According to Thomas, he stopped Chavez at about mile post 77 for failing to signal a lane change. Chavez, like Koutsakis, denied that he committed any traffic violation. Attorney Austin, who was following Chavez, also denied that Chavez had committed any traffic violation. Similarly, State Trooper Dan Gillette, who was parked at a turnaround in the median at mile post 77 and was facing and monitoring eastbound traffic, observed no violation. Instead, according to Gillette, he heard Thomas’ radio traffic indicating the stop before he saw Chavez’ and Thomas’ vehicles pass him. Thomas and Chavez pulled over east of the area where Gillette was located, and Gillette pulled out of the turn-around and joined them. Thomas requested and received Chavez’ driver’s license and issued a warning ticket based on Chavez’ alleged failure to signal. In his report on the incident, Thomas listed Chavez’ race as “white,” despite the fact that the report contained a listing for “Hispanic.” Chavez, Thomas, and Gillette disagree as to the events that ensued, although everyone agrees that the entire stop took between 35 and 55 minutes. A. Trooper Thomas’ Version Trooper Thomas noticed that Chavez’ vehicle had California license plates and a rental company registry, and that a small suitcase, discarded fast food bags, and a map were in the car. He also saw Chavez’ hands shake, and thought Chavez was nervous. Thomas testified there is nothing unusual about an individual’s hands shaking or nervousness during a traffic stop, or the presence of a small suitcase, fast food bags, and a map. By the time Thomas had gone back to his car, Gillette had arrived and told Thomas he was going to talk to Chavez. While back at his car, Thomas ran a check on Chavez’ driver’s license and ran a criminal history, although he cannot remember the results. Thomas also ran an EPIC check on Chavez at Gillette’s request. Thomas does not know why Gillette wanted to talk to Chavez, or why Gillette wanted an EPIC check. Other portions of Thomas’s testimony are inconsistent, although the inconsistencies do not rise to the level of a disputed issue of material fact. Thomas testified that, while awaiting the results of the EPIC check, he returned to Chavez’ car, issued a warning ticket, and told Chavez he was free to go. He also testified, however, that he continued to talk to Chavez until the EPIC report came back, that he had received the EPIC report when he issued the warning ticket, and that he told Chavez that he was free to go, but also unsuccessfully requested permission to search Chavez’ vehicle. After Thomas issued the warning ticket, Trooper Graham arrived in a canine unit with Krott, his police dog. Thomas asked Chavez if he would consent to a canine “walk-around” but did not recall Chavez’ response. Thomas’ field report indicates that Chavez consented. Graham then conducted a walk-around and Krott alerted, thereby indicating that drugs were in Chavez’ vehicle. In response to the alert, Gillette, Graham, and Trooper Cessna, who by now had arrived on the scene, searched Chavez’ car while Chavez waited in Thomas’ car. The officers did not find any contraband. B. Sergeant Gillette’s Version Gillette testified that Thomas was speaking with Chavez when he arrived at the scene. After Thomas finished his conversation, Gillette sat in Thomas’ car with Thomas. Gillette said that Thomas told him there was something funny about Chavez, that he smelled air freshener in the car and that he had seen no luggage. Gillette suggested Thomas run a criminal history and an EPIC check, and Gillette then went over to Chavez’ vehicle. Gillette asked Chavez where he was going and Chavez responded that he was going to Chicago for the day. Gillette testified that, at this point, Chavez’ eyes “went up into the right, which is a clear sign of deception.” Gillette Dep. at 113. Gillette said that Chavez did not know what he was going to do or who he was going to see in Chicago. Gillette also said that Chavez did not know what he did for a living. Gillette thought that Chavez did not know what he did for a living because Chavez did not know what he was going to be doing in Chicago. Gillette also testified that he saw a road atlas and fast food wrappers in the car, and thought the car was too clean to have come from Albuquerque. In addition, Gillette testified both that there was no luggage in Chavez’ car and that there was one piece of luggage in the car. Gillette then returned to Thomas’ vehicle. Thomas told Gillette that the criminal check was negative. In response, Gillette told Thomas that he thought something was wrong with Chavez’ vehicle because there were too many “indicators.” Thereafter, Thomas asked Chavez for permission to search his car. Chavez refused, and the canine unit arrived. Based on the indicators, Gillette felt there was sufficient reason to detain Chavez for a canine walk-around, even though the EPIC check had not come back yet. Gillette testified Chavez did not consent to the walk-around, although Thomas’ field report said that he had consented. Gillette also testified that, although Krott alerted, no drugs were found in Chavez’ vehicle. C. Peso Chavez’ Version Chavez testified that his goal on the day of the traffic stop and search was to be pulled over. He denied, however, that he violated any traffic laws before he was pulled over. Chavez testified that Thomas told him that he might have missed Chavez signaling his lane change. The defendants say that Thomas offered Chavez a general apology during the search. According to Chavez, after Thomas issued the warning ticket, he did not tell Chavez that he was free to go. Instead, Chavez felt that he was not free to leave at any point during the encounter. Chavez testified that Thomas did not so much ask him to consent to a search of the vehicle, as tell him he wanted to search it. Chavez admits that he became nervous during the encounter, fearing that, if the search was unsuccessful, the troopers would become frustrated and plant evidence. He also testified that the troopers’ attitude during the search was that there simply had to be drugs in Chavez’ vehicle and they were going to find them. Chavez does not claim that the troopers made any racially based remarks during the encounter, and Chavez’ report to Hollander included no references to race or racial motivation. D. Other Plaintiffs As noted by the magistrate judge, the vast majority of evidence before the court pertains to Chavez. The plaintiffs have, however, developed some facts relating to plaintiffs Gregory Lee and Joseph Gomez. Gregory Lee, whom the court assumes is African-American, testified that he was stopped, searched, and detained three times in a single year, and that each stop was unjustified. The plaintiffs claim that during one of these stops, the state trooper referred to Lee using the phrase “you people,” although there is no corroborating evidence of this in the record. The plaintiffs admit that Lee cannot identify any similarly situated white motorist who was treated differently. See Def. St. ¶237; PI. Resp. ¶ 237. Joseph Gomez was stopped by Illinois state troopers on March 24, 1994, and again in early 1995. He joined this case in May of 1996. E. Supervisory Defendants According to the plaintiffs, defendants Kathleen Sauter, Lonnie Inlow, and Kenneth Hall supervised state trooper districts in Illinois where the plaintiffs claim violations took place. In turn, defendant Michael Snyders was involved in “Operation Valkyrie,” a drug interdiction program. It is undisputed that these defendants did not personally supervise any of the troopers who allegedly violated the plaintiffs’ rights. The plaintiffs also seek to hold Snyder liable for training state troopers to consider race as a factor in determining who to stop, search, and detain on Illinois highways. The defendants disagree with this characterization of Snyders’ training sessions. F.The Statistical Evidence and the Plaintiffs’ Motion to Withdraw and Substitute the Declaration of Martin Shapiro The plaintiffs originally supported their claims with statistics and an analysis of those statistics prepared by their expert, Martin Shapiro. Shapiro based his opinion on materials prepared by Temple University’s Center for Public Policy, which had analyzed the electronic data provided by the defendants to prepare it for Shapiro’s analysis. Shapiro compared the percentage of whites, African-Americans and Hispanics in Illinois with the percentage of those races specified in Illinois State Police field reports. Shapiro also considered the 1990 Nationwide Personal Transportation Survey. In Shapiro’s opinion, the statistics regarding the race of the population and drivers in Illinois versus the race of drivers reflected in the field reports did not correlate and the variance was too wide to occur by chance. The plaintiffs subsequently discovered— after the objections to the R & R had been fully briefed — that Temple University’s Center for Public Policy had presented Shapiro with incomplete or incorrect data. Accordingly, the plaintiffs sought to stay consideration of the defendants’ motion for partial summary judgment so they could obtain a new analysis of the data. The court granted the motion to stay, reasoning that, if the statistics did not in fact support the plaintiffs’ equal protection claim, that claim would not be properly before the court. In other words, if the revised analysis correlated with the racial breakdown of Illinois drivers, the plaintiffs would almost certainly have to withdraw their equal protection claim. Given this possibility and the concomitant standing problem that would result if the statistics did not support the plaintiffs’ claims, the court declined to reach the merits of one of the central issues in this case — equal protection — when the viability of that issue was so uncertain. Thus, the court stayed consideration of the objections and allowed the plaintiffs to investigate and correct its statistical evidence. As things turned out, however, the new and revised statistics are more favorable to the plaintiffs. They thus seek to withdraw and substitute a corresponding new and revised declaration from Shapiro, as well as all corresponding portions of their response to the motion for partial summary judgment. The defendants oppose the motion, contending that the proposed substitutions will simply cause additional delay. The court need not reach the numerous arguments raised by the plaintiffs regarding the revised Shapiro declaration because, as discussed in detail below, statistical evidence cannot be used to satisfy the Equal Protection Clause’s similarly situated requirement. This means that the main utility of the revised Shapiro declaration is that it allows the court to reach the merits of the plaintiffs’ equal protection claims. Of course, this is a pyrrhic victory in light of the court’s ruling regarding the plaintiffs’ equal protection claim. It also necessarily means that consideration of the revised analysis would not affect the court’s disposition of the equal protection claims. For these reasons, the plaintiffs’ motion to withdraw and substitute the revised Shapiro declaration and corresponding materials is denied. II. Defendants’ Motion for Summary Judgment The defendants seek summary judgment on portions of the plaintiffs’ complaint, arguing that: (1) Chavez and Lee’s equal protection claims must fail because Chavez and Lee have not established that they were treated differently than similarly situated white motorists; (2) summary judgment on Chavez’ Fourth Amendment detention and search claims is warranted because the state troopers acted with probable cause; (3) the plaintiffs’ freedom of movement claims have no constitutional basis; (4) they are entitled to qualified immunity on the plaintiffs’ freedom of movement and Fourth Amendment claims; (5) summary judgment on the plaintiffs’ claims against supervisory individuals is warranted as those defendants were not personally involved in the allegedly wrongful conduct; and (6) Jose Gomez’ claims are barred by the statute of limitations. The court will not repeat the well-established standards for determination of a summary judgment motion set forth in the magistrate judge’s R & R, which recommended that the summary judgment motion be granted in part and denied in part. Specifically, the magistrate judge recommended that the motion for summary judgment on Peso Chavez and Gregory Lee’s equal protection claims, the plaintiffs’ freedom of movement claims, and the plaintiffs’ claims against Kenneth Hall, Lonnie Inlow, Kathleen Sauter and Michael Snyders based on supervisory liability be granted, and that the motion for summary judgment on Chavez’ Fourth Amendment claims and Joseph Gomez’ claims be denied. The plaintiffs and the defendants each have objected to portions of the R & R adverse to the respective parties. Accordingly, the court will review the portions of the R & R addressing dispositive matters to which the parties have objected de novo. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); Delgado v. Bowen, 782 F.2d 79, 82 (7th Cir.1986). With respect to the remaining parts of the R & R addressing dispositive matters, the court notes that a district court may review any issue presented de novo, even if no party has objected. Delgado v. Bowen, 782 F.2d at 82. If a timely objection is not filed, however, the court must only satisfy itself that the R & R is not clearly erroneous to accept the recommendation. See Fed. R.Civ.P. 72 advisory committee’s note to the 1983 amendment, citing Campbell v. U.S. Dist. Court, 501 F.2d 196, 206 (9th Cir.), cert. denied, 419 U.S. 879, 95 S.Ct. 143, 42 L.Ed.2d 119 (1974); see also Walker v. Hood, 679 F.Supp. 372, 374 (S.D.N.Y.1988). With respect to portions of the R & R addressing nondispositive matters, the court reviews for clear error. Fed.R.Civ.P. 72(a). With these principles in mind, the court turns to the R & R and the parties’ objections. A. Chavez and Lee’s Equal Protection Claims The magistrate judge recommended that the court grant the defendants’ motion for summary judgment on Chavez and Lee’s equal protection claims, based on the plaintiffs’ failure to identify similarly situated white motorists who were treated differently from the plaintiffs. The magistrate judge also held that the plaintiffs’ statistical evidence was insufficient to meet this burden, and that, even if it was not, the statistical evidence was flawed. The plaintiffs object, contending that the magistrate judge incorrectly required them to prove their claims of discrimination, and provide names of similarly situated white motorists who were not stopped in order to survive summary judgment. They also argue that their expert’s analysis of statistics regarding Illinois state trooper stops is sufficient to enable them to withstand summary judgment. Finally, they argue that U.S. v. Armstrong, 517 U.S. 456, 465-67, 116 S.Ct. 1480, 1487, 134 L.Ed.2d 687 (1996), is inapplicable, and even if it does apply, it does not require them to show that similarly situated white motorists were treated differently than African-American and Hispanic motorists. 1. The Similarly Situated Requirement To establish a prima facie violation of the Equal Protection Clause, the plaintiffs must show that they: (1) are members of a class; (2) who are similarly situated to members of another class; and (3) were treated differently from members of that other class. See, e.g., McMillian v. Svetanoff, 878 F.2d 186, 189 (7th Cir.1989). The plaintiffs must also show purposeful and intentional acts of discrimination based on their membership in a class, as opposed to discrimination on an individual basis. Sims v. Mulcahy, 902 F.2d 524, 538 (7th Cir.1990). In addition, they must show that the challenged conduct had a discriminatory effect and was motivated by a discriminatory purpose. United States v. Armstrong, 116 S.Ct. at 1487 (discussing equal protection in the context of selective prosecution); United States v. Turner, 104 F.3d 1180, 1184-85 (9th Cir.), cert. denied, - U.S. -, 117 S.Ct. 1566, 137 L.Ed.2d 712 (1997) & - U.S. -, 117 S.Ct. 1722, 137 L.Ed.2d 844 (1997); United States v. Berger, 103 F.3d 67, 71-72 (9th Cir.1996), cert. denied, — U.S. -, 117 S.Ct. 1456, 137 L.Ed.2d 560 (1997); United States v. Olvis, 97 F.3d 739, 745 (4th Cir. 1996). This means that, in a race ease, plaintiffs must show that similarly situated individuals of a different race were not subjected to the challenged conduct. United States v. Armstrong, 116 S.Ct. at 1487-89; Harris v. City of Chicago, Nos. 96 C 3406 & 96 C 7526, 1998 WL 59873 *18 (N.D.Ill. Feb.9, 1998) (equal protection claim arising from alleged racial discrimination at the City of Chicago’s Bureau of Parking); Washington v. Vogel, 880 F.Supp. 1542, 1544 (M.D.Fla.1995) (equal protection claim arising from allegedly race-based highway stop), aff'd by 106 F.3d 415 (11th Cir.1997) (unpublished table disposition). Statistical evidence showing that all defendants prosecuted during a certain year were African-American fails to satisfy this requirement. United States v. Armstrong, 116 S.Ct. at 1483, 1489. The plaintiffs argue that Armstrong does not apply to this case because Armstrong is a selective prosecution case. The court disagrees. Armstrong is applicable because the Supreme Court specifically based its holding on equal protection principles. Armstrong is also particularly helpful to the court in this case because it addressed the precise arguments raised by the plaintiffs here that: (1) there is no absolute requirement that they show a failure to prosecute similarly situated individuals; and (2) statistics demonstrating that all persons subject to the allegedly wrongful conduct were of a certain race satisfy the “similarly situated” requirement. The Supreme Court specifically rejected these arguments, and reaffirmed the requirement that an equal protection plaintiff in a selective prosecution case identify individuals of other races that could have been prosecuted for the same offense, but were not. Id. at 1487, 1489. Armstrong also held that a study showing that all persons prosecuted were black did not meet the similarly situated requirement, explaining that the “required threshold” for equal protection claims is “a credible showing of different treatment of similarly situated persons.” Id. at 1489. The plaintiffs’ arguments are based on the same flawed premise which was asserted and rejected by the Supreme Court in Armstrong. Thus, the plaintiffs’ contention that they need not identify white motorists treated differently than the plaintiffs must fail. ' See also United States v. Turner, 104 F.3d at 1184-85 (rejecting statistical evidence that failed to identify similarly situated individuals of races other than that of the equal protection plaintiffs, who were treated differently from the plaintiffs); United States v. Berger, 103 F.3d at 71-72 (same); United States v. Olvis, 97 F.3d at 745 (same). In addition, the plaintiffs’ attempt to distinguish Armstrong by arguing that a prosecutor’s decision as to whom to charge is different from a state trooper’s decision as to whom to stop is unavailing. Regardless of the degree of judicial deference given to either decision, the central inquiry in each case is whether any plaintiff was treated differently than a similarly situated person of a different race. The answer to this question lies not in the deference given to the decision-maker in the respective situations, but in whether the decision(s) made resulted in impermissible treatment of similarly situated persons. Accordingly, the plaintiffs’ attempt to distinguish Armstrong based on the fact that a state trooper, as opposed to a prosecutor, decided which motorists to stop must fail. 2. Evidence Regarding Similarly Situated White Motorists a. Peso Chavez The plaintiffs have pointed to only one white motorist who is genuinely similarly situated to Chavez — George Koutsakis. Chavez was paid to recreate the circumstances surrounding Koutsakis’ stop, search, and arrest as closely as possible. Chavez did this. He was then stopped and subjected to a search of his vehicle, just like Koutsakis. Simply put, the Illinois state troopers treated Chavez exactly like the white motorist emulated. Chavez’ stop and search thus fails to show that he was treated any differently than a similarly situated white motorist. The plaintiffs contend that attorney Katherine Austin, who was following Chavez when he was stopped but who was not stopped herself, is a similarly situated white motorist who was treated differently than Chavez. However, the record shows that Chavez is similarly situated to Koutsakis rather than Austin. Chavez and Koutsakis are both male, drove the same color cars with California license plates, had the same items visible in their ears, and denied that they violated traffic laws yet received warning tickets. In contrast, the record does not reveal any commonalities between Chavez and Austin, other than the fact that they both were driving on the same stretch of Interstate 80. This lone commonality fails to establish that Austin was similarly situated to Chavez. To sum up, the evidence relating to Austin’s alleged status as a similarly situated white motorist is insufficient as a matter of law to show that she was indeed similarly situated to Chavez and was treated differently. The court also notes that the record is devoid of any evidence regarding other specific white motorists who recreated the circumstances surrounding the stops of the allegedly mistreated minority motorists, b. Gregory Lee In their objections addressing Gregory Lee’s equal protection claims, the plaintiffs do not take exception to the magistrate judge’s finding that Lee failed to present evidence regarding specific similarly situated white motorists who were treated differently. Instead, they focus on the alleged use of the phrase “you people” by the state trooper who stopped Lee. Specifically, Lee asserts that the state trooper who stopped him used this phrase twice: Q: How many times has [the trooper] used the phrase “you people”? A. When he is asking about, “you never can tell. Can I search your car” when he is asking me about do I have any contraband in the car, Q: He says “you people”? A: I tell him no and he says, “You never can tell with you people.” I said, “No. I don’t have anything. Well, you know, you never can tell with you people.” Lee Dep. at 152. The officer denied using the phrase “you people.” According to Lee, the police singled him out, stopped him, and searched him due to his race. His claim is thus analogous to a selective prosecution claim based on the equal protection clause. Claims of selective prosecution are judged under ordinary equal protection standards. Armstrong, 116 S.Ct. at 1487. To make a prima facie case for selective prosecution (i.e., a violation of equal protection), the claimant must establish both that he was singled out for prosecution to the exclusion of others similarly situated, and that the allegedly selective decision to prosecute the claimant was based upon an impermissible ground. Id. at 1488; Jarrett v. United States, 822 F.2d 1438, 1443 (7th Cir.1987). Lee attempts to avoid this test by arguing that he did not raise a selective prosecution claim. Specifically, Lee contends that, in order to prevail on his § 1983 equal protection claim, he must show that the police “purposefully discriminated against him because of his identification with a particular (presumably historically disadvantaged) group.” Sherwin Manor Nursing Center, Inc. v. McAuliffe, 37 F.3d 1216, 1220 (7th Cir.1994). Lee’s characterization of his argument as an equal protection claim, as opposed to a selective prosecution claim, does not save the day as the same standards govern selective prosecution and equal protection claims. Armstrong, 116 S.Ct. at 1487. With this in mind, the court turns to an examination of Lee’s claims. Racist remarks alone may not give rise to an equal protection violation. Sherwin Manor, 37 F.3d at 1221. However, racist comments coupled with the imposition of a special burden may form the basis of an equal protection claim. Id. Sherwin Manor does not specifically define what constitutes a special burden. It implies, however, that a “special burden” includes a comparative element, i.e., being treated differently from someone else due to racial animus. Id. Thus, the Sherwin Manor court focused on the administrative burdens imposed on a Jewish-owned nursing home against the fact that non-Jewish nursing homes were not subjected to those burdens. Lee argues that he satisfies the test set forth in Sherwin Manor because the stop itself was a special burden. For the purposes of discussion, the court will accept Lee’s claim that the stop was due to racial animus and focus on whether Lee has established a special burden under Sherwin Man- or. Lee’s contention that the stop constituted a special burden may be literally correct, as the stop may well have burdened him (in the sense that it may have inconvenienced him). It is nevertheless legally incorrect, as he has failed to point to a similarly situated white motorist who was treated differently. If the court accepted Lee’s claim that he was stopped due to his race, it would also have to infer that he would not have been stopped if he was white. In other words, the court would have to infer that a specific similarly situated white motorist would not have been stopped. This inference would require the court to collapse the two prongs of equal protection analysis into one. Accordingly, the court finds that Lee has failed to establish the comparative element required by the equal protection clause. His argument that the stop itself satisfies Sher-win Manor is thus unavailing. The court next considers whether the alleged use of the phrase “you people” alters this result. The court cannot reasonably interpret the phrase as referring to a group as it appears that Lee was alone in the ear. Accepting Lee’s version of what happened for purposes of this motion, the use of the phrase “you people” in connection with Lee creates an inference of racial animus. Lee’s equal protection claim, however, still falters due to the second equal protection requirement — identification of specific similarly situated persons of another race who were treated differently. Lee has not pointed to a white motorist who was treated differently. Instead, he asks the court to infer that he was treated differently from white motorists solely because the trooper who stopped him made a racist remark. The court acknowledges that Lee, unlike the police, cannot control which motorists are stopped and thus cannot control the data available to him. Nevertheless, the fact remains that Lee’s claims are based solely on alleged mistreatment of him, not the dual elements of mistreatment of him and proper treatment of similarly situated white motorists. The equal protection clause includes a comparative element, but Lee has not offered any facts relating to this element. Thus, while the court in no way condones the alleged use of the phrase “you people,” it concludes that Lee’s equal protection claim cannot withstand summary judgment because the absence of a similarly situated white motorist is fatal to Lee’s equal protection claim. 3. Plaintiffs’ Statistical Evidence The plaintiffs’ statistical evidence in support of their equal protection argument consists of the analysis of their expert, Martin Shapiro. Regardless of which version of Shapiro’s declaration the court considers, the plaintiffs’ theory is the same. Specifically, the plaintiffs contend that Shapiro’s analysis, which compares the percentage of whites, African-Americans and Hispanics in Illinois with the percentage of those races specified in Illinois State Police field reports and the 1990 Nationwide Personal Transportation Survey, shows that the numbers in the field reports are materially different from the numbers in the general population and the transportation survey. As the plaintiffs put it (with respect to the first analysis), Shapiro’s analysis compares “actual counts and percentages of racial groups represented in the Illinois State Police Field Reports ... to those counts and percentages which would be expected to occur if the persons reflected in the reports were treated equally.” PL St. ¶ 51. The plaintiffs submit that the variances between the numbers are too great to be coincidental, and argue that Shapiro’s analysis shows that similarly situated persons of various races are treated differently. The plaintiffs set forth numerous challenges to the magistrate judge’s analysis of their statistics. The court need not specifically address these arguments or consider whether the new statistics suffer from the same infirmities as the original statistics because, as noted above, statistical evidence in equal protection cases is insufficient to show that similarly situated persons of varying races are treated differently. 4. Other Evidence Allegedly Showing Discrimination The plaintiffs contend that non-statistical evidence also supports their claims of discriminatory treatment. They point to the following evidence: (1) Illinois state police permit consideration of race as a factor in deciding which motorists to stop, Pl. St. ¶ 14; Eack Dep. at 80; Zywiee Dep. at 34; (2) Illinois state troopers admit they use race as “one of the indicators” in determining whether to search a vehicle for contraband, id. 19; Cessna Dep. at 65, 74-76; (3) Illinois state police training manuals emphasize the alleged predominance of Hispanics as drug couriers, id at ¶ 15; ISP0011806, ISP0006397, ISP0004866, ISP0004875; (4) testimony of African-American motorists recounting allegedly discriminatory law enforcement by the Illinois State Police, id at ¶¶ 10-13; Sauter Dep. at 55; Peevy Dep. at 10-11,17; Whitfield Dep. at 20, 26-27, 63-68; Acklin Dep. at 13; and (5) Illinois state police refuse to open a case when a citizen complains that he was stopped due to race, id at ¶ 17; Kettlekamp Dep. at 87, 91. The plaintiffs contend that this evidence allows their claims to survive summary judgment because it demonstrates a material issue of disputed fact as to the defendants’ motivation. The plaintiffs also argue that their evidence allows the court to infer that the defendants acted with discriminatory intent. These arguments suffer from the same inadequacies as the arguments relating to Lee’s equal protection claim. Again, even taking the above evidence as true, plaintiffs are unable to prevail on their equal protection claim because they have failed to point to a white motorist who was treated differently. This is critical, as the Supreme Court requires the plaintiffs to show that similarly situated individuals of a different race were not subjected to the challenged conduct. Armstrong, 116 S.Ct. at 1487-89. As with Lee, the absence of allegations regarding the comparative element of the equal protection clause dooms the plaintiffs’ equal protection claims. Accordingly, the plaintiffs’ objections to this portion of the R & R are overruled, and the defendants’ motion for summary judgment on the plaintiffs’ equal protection claims is granted. B. Plaintiffs’ Freedom of Movement Claims and Defendants’ Corresponding Qualified Immunity Defense The magistrate judge recommended that the defendants be given the benefit of qualified immunity with respect to the plaintiffs’ “freedom of movement” claims. Accordingly, he recommended that summary judgment be granted on these claims. Qualified immunity shields government officials from liability when they perform discretionary functions, unless, at the time of the alleged violation, the official’s conduct violated clearly established rights of which a reasonable person would have known. Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). To overcome a qualified immunity defense, the plaintiff must clear two separate hurdles. The plaintiff must show, first, that the right is, in fact, a clearly established right, Apostol v. Landau, 957 F.2d 339, 341 (7th Cir.1992), and second, that this clearly established right applies to the fact-specific situation before the court, Auriemma v. Rice, 910 F.2d 1449, 1457 (7th Cir.1990). The plaintiffs stumble on both hurdles. First, they submit scant authority — two law journal cites — to support their contention that “freedom of movement,” and more specifically, intrastate travel, is a clearly established constitutional right. See PI. Objections at 24. The plaintiffs nevertheless maintain that intra-state travel is a “long recognized freedom ... that plaintiffs assert defendants have violated.” Id. Recent Supreme Court authority, however, belies the plaintiffs’ characterization of intrastate travel as a “long-recognized freedom.” Specifically, Bray v. Alexandria Women’s Health Clinic confirms that intrastate travel is not on a constitutional par with interstate travel: “[A] purely intrastate restriction does not implicate the right of interstate travel.” 506 U.S. 263, 277, 113 S.Ct. 753, 122 L.Ed.2d 34 (1993). Plainly, plaintiffs have not demonstrated that either “freedom of movement” or “intrastate travel,” phrases the plaintiffs use interchangeably, was a clearly established right at the time of the officers’ alleged constitutional violation. In the interests of completeness, the court will consider the second prong of the qualified immunity analysis and will assume, arguendo, that the plaintiffs have established that “freedom of movement” is a clearly established constitutional right. Even with this assumption, the plaintiffs are still only halfway home, as they must establish that the alleged right is sufficiently particularized with regard to the precise facts. Hill v. Shelander, 992 F.2d 714, 718 (7th Cir.1993); Auriemma v. Rice, 910 F.2d 1449, 1457 (7th Cir.1990). To satisfy this burden, the plaintiff must cite to a closely analogous case or evidence demonstrating that the defendants’ conduct is so patently violative of the particular constitutional right that reasonable officials would be aware that their conduct violated the right without guidance from the courts. See, e.g., Casteel v. Pieschek, 3 F.3d 1050, 1053 (7th Cir.1993). Moreover, the unlawfulness of the action must be apparent in light of the pre-existing ease law. See, e.g., Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987). The plaintiffs have failed to cite to any cases involving a challenge to police conduct. Rather, plaintiffs’ authority confines itself to consideration of constitutional challenges to ordinances. As the magistrate judge properly concluded, the court cannot require state troopers to keep themselves abreast of case law regarding constitutional challenges to local ordinances, let alone apply such rulings to their daily conduct. In other words, the lack of factual correlation between the plaintiffs’ cited authority and the facts in this case fail to put the officials on notice that their actions may violate a clearly established constitutional right. Accordingly, the defendants are entitled to qualified immunity because there is no clearly established constitutional right to “freedom of movement” as espoused by the plaintiffs in this ease. The defendants, therefore, are entitled to summary judgment with respect to the plaintiffs’ freedom of movement claims. C. Chavez’ Fourth Amendment Detention and Search Claims, and Gillette, Graham, and Cessna’s Corresponding Qualified Immunity Defense 1. The Fourth Amendment Claims The defendants have not objected to the magistrate judge’s recommendation that them motion for summary judgment should be denied as to Chavez’ Fourth Amendment claims. The defendants have conceded for summary judgment purposes that Thomas’ stop of Chavez was unlawful as Chavez had not committed a traffic violation. Def. Memorandum of Law at 4. After a vehicle is stopped, what occurs next must be reasonably related to the circumstances that justified the stop in the first instance. See, e.g., Valance v. Wisel, 110 F.3d 1269, 1276 (7th Cir.1997). As noted above, the defendants have conceded for the purposes of this motion that no traffic offense occurred. Thus, the stop and the ensuing search were both unreasonable, as the search could not be reasonably related to the circumstances justifying the stop because the stop was unjustified from its inception. Moreover, the fact that Gillette, Graham, and Cessna were not involved in the decision to stop Chavez does not insulate them from liability as officers may treat information given by other officers as presumptively correct. If it turns out the information is incorrect, however, the officers may be liable regardless of what they believed. Ruehman v. Sheahan, 34 F.3d 525, 527 (7th Cir.1994), citing Whiteley v. Warden, Wyo. State Penitentiary, 401 U.S. 560, 568, 91 S.Ct. 1031, 28 L.Ed.2d 306 (1971); cf. Gramenos v. Jewel Cos., Inc., 797 F.2d at 439 (“[p]robable cause does not depend on the witness turning out to have been right, it’s what the police know, not whether they know the truth, that matters”). 2. Qualified Immunity — Gillette, Graham, and Cessna The officers’ apparent violation of Chavez’ Fourth Amendment rights, based on then-admission for purposes of this motion that Chavez did not commit a traffic violation, does not end the court’s inquiry. ‘Specifically, Gillette, Graham, and Cessna are still entitled to summary judgment if they can demonstrate that they are protected by qualified immunity. In their objections, Gillette, Graham, and Cessna argue that they had a right to rely on the information provided to them by Thomas. Although they do not specify what information Thomas provided to each officer, the essence of their position is that they were entitled to rely on a presumption that Thomas’ stop of Chavez was justified. The magistrate judge recommended denial of all of the defendants’ qualified immunity claims relating to Chavez, reasoning that Chavez had a clearly established right to be free of an unreasonable search. He also noted that it was clearly established that the police officers need probable cause to stop and detain a motorist and search for narcotics. He then concluded that, because Thomas’ stop of Chavez was unreasonable from its inception, all of the officers subsequently involved in the stop were precluded from asserting a qualified immunity defense. Government “officials performing discretionary functions generally are shielded from liability for civil damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known.” Khuans v. School District 110, 123 F.3d 1010, 1013 (7th Cir.1997), citing Harlow v. Fitzgerald, 457 U.S. at 818, 102 S.Ct. 2727. “A right is clearly established when its contours are sufficiently clear so that a reasonable official would realize that what he is doing violates that right.” Gossmeyer v. McDonald, 128 F.3d 481, 495 (7th Cir.1997). Qualified immunity is available if the official could reasonably have believed that his or her actions were lawful, even if the official ultimately turns out to have been mistaken. Anderson v. Creighton, 483 U.S. at 641, 107 S.Ct. 3034. a. The Stop As noted above, Gillette, Graham, and Cessna argue that they relied on unspecified information provided by Thomas as to the rationale for the stop and thus are entitled to qualified immunity, citing to Eversole v. Steele, 59 F.3d 710 (7th Cir.1995); United States v. Patterson, 65 F.3d 68 (7th Cir.1995), cert. denied, 516 U.S. 1061, 116 S.Ct. 740, 133 L.Ed.2d 689 (1996); Gordon v. Degelmann, 29 F.3d 295 (7th Cir.1994); Gramenos v. Jewel Companies, 191 F.2d 432 (7th Cir.1986); Spiegel v. Chicago, 920 F.Supp. 891 (N.D.Ill.1996); Irvin v. Kaczmaryn, 913 F.Supp. 1190 (N.D.Ill.1996); Bibart v. Stachowiak, 888 F.Supp. 864 (N.D.Ill.1995), and cases from other jurisdictions. The court parts company with the magistrate judge as it does not agree that the facts in this ease do not support a finding of qualified immunity with respect to Gillette, Graham, and Cessna to the extent that the plaintiffs seek to impose liability based on Thomas’ stop of Chavez. The key inquiry with respect to qualified immunity is whether a reasonable officer could have believed that probable cause existed in light of clearly established law and the information possessed by the officer. Anderson v. Creighton, 483 U.S. at 641, 107 S.Ct. 3034. To evaluate the officers’ qualified immunity claim, the court must examine their “specific knowledge of the facts from the perspective of a reasonable officer.” Spiegel v. City of Chicago, 920 F.Supp. 891, 896 (N.D.Ill.1996). Here, the only specific fact known by the officers is that another officer had previously stopped Chavez. Police officers are entitled to rely on information provided by other officers. U.S. v. Hensley, 469 U.S. 221, 232, 105 S.Ct. 675, 83 L.Ed.2d 604 (1985); Irvin v. Kaczmaryn, 913 F.Supp. at 1199. This begs the question: did Thomas actually provide any information to Gillette, Graham, or Cessna? The defendants do not point to any specific information provided by Thomas, other than the fact that the officers knew that Thomas had previously stopped Chavez. Despite the plaintiffs’ arguments, Gillette, Graham, and Cessna were entitled to rely on the presumption that Thomas had stopped Chavez based on an actual traffic violation. Gramenos v. Jewel Cos. Inc., 797 F.2d at 439 (police officer has probable cause if the officer’s actions are based on information from a person who reasonably appears to be truthful); Irvin v. Kaczmaryn, 913 F.Supp. at 1199 (officers who did not participate in seizure were entitled to qualified immunity regardless of lack of probable cause where the arresting officer told them that the seized individuals had been in his police car); O’Leary v. Luongo, 692 F.Supp. 893, 902 (N.D.Ill.1988) (a police officer is entitled to rely on information provided by another police officer). This means that Gillette, Graham, and Cessna are entitled to qualified immunity to the extent that the plaintiffs seek to impose liability on them based on Thomas’ admittedly (for summary judgment purposes) improper stop of Chavez. With this in mind, the court turns to the next issue — whether Gillette, Graham, and Cessna’s conduct at the scene was reasonably related to their presumption regarding the existence of a valid justification for the stop in the first instance. b. The Search A vehicle may be searched without a warrant if there is probable cause to believe that the car contains contraband. United States v. Patterson, 65 F.3d 68, 69 (7th Cir.1995), citing Carroll v. United States, 267 U.S. 132, 153-56, 45 S.Ct. 280, 69 L.Ed. 543 (1925). Chavez observes that he was not, in fact, concealing drugs in his ear, and contests the qualifications of the canine who alerted to his vehicle. Nevertheless, it is uncontested that Gillette identified indicators that suggested drug activity. These indicators included California license plates, open maps, fast food wrappers, and air freshener. Indeed, Chavez admits that he intentionally emulated Koutsakis, a known drug courier, and that he was nervous during his encounter with the police. The search was also based, at least in part, on the fact that Krott, the canine handled by Graham, alerted, thereby indicating (albeit erroneously) the presence of drugs in Chavez’ vehicle. i. Gillette and Cessna It is unclear how long Chavez was detained prior to the arrival of Graham and Krott, his canine. The range of time suggested by the parties is no less than 35 minutes and no more than 55 minutes. Working from the premise that Gillette, Graham, and Cessna were entitled to believe that Thomas had properly stopped Chavez, the court is unwilling to conclude that Gillette and Cessna’s search and their conduct during that search violated any clearly established constitutional right, as they were entitled to rely on the assumption that the stop was valid. In addition, it was not unreasonable for these officers to rely on Krott’s alert as the basis for their ultimately fruitless search of Chavez’ vehicle as they could not be expected to know of the issues relating to Krott’s reliability. See United States v. Patterson, 65 F.3d at 71 (the alert of a canine provides probable cause). This is especially true for Cessna, who arrived on the scene after Krott had alerted. Accordingly, the undisputed facts demonstrate that Gillette and Cessna could reasonably have believed that their actions with respect to Chavez were lawful. Thus, they are entitled to qualified immunity, even though the underlying basis of the stop— Thomas’ viewing of a traffic violation by Chavez — eoneededly did not occur. The court thus declines to accept the magistrate judge’s R & R as to Gillette and Cessna’s qualified immunity defense. Instead, the court finds that Gillette and Cessna are entitled to summary judgment on Chavez’ Fourth Amendment claims based on qualified immunity. ii. Graham and Krott The plaintiffs’ attempt to create a fact issue as to Krott’s reliability via the declaration of Steven Nicely means that the court must consider Graham’s request for qualified immunity separately as Graham, unlike his fellow officers, could be expected to know of any alleged problems with respect to Krott. The defendants seek to strike Nicety's declaration, which attacks Krott’s training and qualifications, pursuant to Fed.R.Civ.P. 26(a), 26(e), and 36. Alternatively, they contend that the declaration should be stricken because Nicety has never seen or examined Krott. The deadline for disclosure of plaintiffs’ experts was October 1, 1998. Stepping back in time, the defendants point out that the plaintiffs’s response to their first set of discovery stated that they had no experts. In October of 1996, plaintiffs’ counsel, in response to the court’s observation that it did “not think that it is necessary to get into expert discovery at this time,” stated “I didn’t say that it was.” After several extensions of time to file their response to the summary judgment motion, in response to defendants’ concerns regarding the possible use of expert testimony, the court stated that the proper remedy for opinion testimony proffered by the plaintiffs would be a motion to strike. The plaintiffs submitted expert declarations and thus disclosed their experts for the first time in their response to the defendants’ summary judgment motion. Four days later, without leave of court, the plaintiffs filed supplemental responses to the defendants’ eighth and ninth requests to admit which changed their prior responses. The conduct of plaintiffs’ counsel with respect to the initial disclosure of their experts leaves much to be desired and has not facilitated the disposition of the defendants’ motion for partial summary judgment. Nevertheless, in light of the fact that the court expressly set dates for expert discovery which post-date the summary judgment filings, the court, in its discretion, declines to strike the declarations submitted by the plaintiffs based on 26(a), 26(e), and 36. The court also declines to strike the Nicely declaration based on the fact that Nicely reviewed documentation regarding Krott, as opposed to Krott himself, as this does not mean that Nicely is necessarily unqualified. This leaves the court with conflicting evidence regarding Krott’s reliability^ As noted above, it is reasonable to conclude that Graham would be aware of Krott’s reliability, or his alleged lack thereof. The factual dispute regarding his reliability prevents the court from resolving Graham’s claim for qualified immunity at this time. Specifically, if the plaintiffs ultimately convince the trier of fact that their expert is right and Krott is clearly unreliable, Graham’s’ actions predicated on Krott’s alert would violate Chavez’ clearly established constitutional rights. On the other hand, if Krott is ultimately vindicated, Graham will be entitled to qualified immunity; denial of his request for qualified immunity at this juncture is not disposi-tive. See Chan v. Wodnicki, 67 F.3d 137, 139 (7th Cir.1995) (qualified immunity is immunity from both trial and judgment). For these reasons, the court agrees with the magistrate judge, albeit for different reasons, that Graham is not entitled to qualified immunity with respect to Chavez’ Fourth Amendment claims. D. Plaintiffs’ Claims Against Supervisory Individuals Hall, Sauter, Inlow, and Snyders seek summary judgment on the claims against them. The magistrate judge recommended that the motions for summary judgment be granted, reasoning that it is undisputed that Hall, Sauter, Inlow, and Snyders did not supervise any of the state troopers who allegedly violated plaintiffs’ rights. The magistrate judge also noted that the plaintiffs’ claims against Hall, Sauter, and Inlow based on statistical evidence allegedly showing discrimination in the district commander’s respective districts were unconvincing. Finally, he rejected the plaintiffs’ argument that Snyders is liable because he allegedly failed to train state troopers not to consider race as an indicator of illegal drug activity. The plaintiffs object to the recommendation regarding Snyders, but do not challenge the recommendation regarding Hall, Sauter, and Inlow. 1. Snyders With respect to Snyders, the plaintiffs contend that disputed issues of material fact exist. Specifically, the plaintiffs assert that there are factual questions regarding whether Snyders supervised the officers who allegedly discriminated against them, and whether Snyders taught troopers to consider race in the Operation Valkyrie program, or facilitated or condoned racially discriminatory enforcement. In support of their claim that Snyders supervised the troopers involved in this case, plaintiffs point to their 12(n) statement and Snyders’ deposition. See Plaintiffs’ 12(n) at ¶ 246; Snyders Dep. (Ex. 25) at 59. The plaintiffs also claim that the magistrate judge improperly failed to give them the benefit of inferences in their favor, pointing to the fact that Snyders cautioned troopers in a training session that if they “waited for Mexicans driving pick-ups, they’d miss all the white guys with the dope.” ISP00011806. According to the plaintiffs, this statement means that the troopers should presume that Mexicans carry dope and that “white guys” may also carry dope. This is a tortured interpretation of the comment; the plain import of the comment is that troopers should not look to race as the sole indicator of who carries drugs, because if they do so, they will not stop the “white guys” who are actually transporting drugs. The court thus declines the plaintiffs’ invitation to semantically stretch Snyders’ statement to transform it into something diametrically opposed to its plain meaning. Second, the plaintiffs argue that there is a disputed issue of material fact as to whether Snyders taught state troopers to use race as an indicator. Snyders denies that he did, and states there is no reason to do so. Snyder Dep. (Ex. 25) at 141-42. The plaintiffs, however, contend that Snyders did teach Cessna to use race as a factor, and cite to Cessna’s testimony in support, arguing that it creates an inference that Snyders taught Cessna to use race as an indicator. The court disagrees. Cessna testified: Q: Who were your Valkyrie instructors at the training program? A: The original training program? Q: Yes. A: Mike Snyders, I believe Tom Alvaro. ****** Q: How about the race of the driver, is that an indicator? A: You have to keep it in mind, yes. Q: What do you keep in mind about the race of the driver? A: Just use it as one of many indicators to — you’ve got to keep it in mind when talking to the subject. Q: So how would — give me a scenario where the race of the driver would factor into the equation. A: I can’t give anything like that. I don’t know what you mean. Q: How about a young black male in a very expensive BMW, new BMW, would that be a factor? A: It depends if any — some of the other indicators ... It can be an indicator I suppose. ****** Q: What about the race of the driver, would that be a factor that you would consider? A: Maybe ... I’m not saying you see one thing and decide to stop them. If there is a bunch of different things together— ****** Q: Well, would it — could it possibly make a difference if it was, let’s say, a Caucasian versus a black male? A: I don’t know. It would just be — it just depends on the situation what you do at the time. ****** Q: Have you been given any instructions by the Illinois State Police regarding how to decide which ears to stop and not to stop? A: No ... It’s all discretionary. Cessna Dep. at 58, 65-66, 74-78. Construing Cessna’s testimony in the light most favorable to the plaintiffs, this shows that Snyders participated in Cessna’s original training and that Cessna considers race in some way in the course of his work. However, the required nexus between these two