PlainSite :: Brown v. Cornelison et al, Illinois Northern District Court Case No. 1:08-cv-02928 Document 1: Complaint

Page 1

Case 1:08-cv-02928 Document 1 Filed 05/20/2008 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION EDWARD R. BROWN, Plaintiff, v.

P.O. J. CORNELISON, STAR NO. 3880 and P.O. M. BATTAGLIA, STAR NO. 11770, individually, and the CITY OF CHICAGO, Defendants.

FILED: MAY 20, 2008
08CV2928 J. N.

Case No.: JUDGE COAR MAG. JUDGE COLE COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND SUPPLEMENTAL STATE CLAIMS JURY DEMANDED COMPLAINT JURISDICTION AND VENUE 1.

This action arises under the United States Constitution and the Civil Rights Act of 1871 [42 U.S.C. Section 1983]. This court has jurisdiction under and by virtue of 28 U.S.C. Sections 1343, 1331, and 1367.

Venue is founded in this judicial court upon 28 U.S.C. Section 1391 as the acts complained of arose in this district.

PARTIES

$WDOOWLPHVKHUHLQPHQWLRQHG3ODLQWLII(':$5'%52:1 ³%URZQ´ ZDVDQG now is a citizen of the United States.

At all times herein mentioned, Defendants J. CORNELISON Star No. 3880 ³&RUQHOLVRQ´ DQG0%$77$*/,$6WDU1R ³%DWDJOLD´ ZHUHPHPEHUVRIWKH&LW\RI Chicago Police Department, and were acting under color of state law and as the employees, agents or representatives of the City of Chicago. These officers are being sued in their individual/personal capacities.

Page 2

Case 1:08-cv-02928 5.

Document 1 Filed 05/20/2008 Page 2 of 5 At all times herein mentioned, the CITY OF CHICAGO was a political division of the State of Illinois, existing as such under the laws of the State of Illinois. At all relevant times, the City of Chicago maintained, managed, and/or operated the City of Chicago Police Department.

FACTUAL ALLEGATIONS

On May 22, 2007, Plaintiff was in the vicinity of 441 N. Wabash Avenue, Chicago, Illinois 60611.

'HIHQGDQWVDUULYHGDW3ODLQWLII¶VORFDWLRQ

Plaintiff was then handcuffed, arrested and transported to the police station. There was no probable or legal cause for the arrest.

Plaintiff was then charged and prosecuted for the crime of burglary. There was no legal cause to believe that Plaintiff should be charged with any crime. 10.

Plaintiff was incarcerated from May 22, 2007 to October 25, 2007.

11.

All criminal charges against the Plaintiff were dismissed on or about October 25, 2007. 7KHFKDUJHVZHUHWHUPLQDWHGLQ3ODLQWLII¶VIDYRU 12.

Plaintiff did not consent to any of the acts above described.

13.

By reason of the above-described acts and omissions of Defendants, Plaintiff sustained physical injuries, humiliation, and indignities, and suffered great physical, mental, and emotional pain and suffering all to his damage in an amount to be ascertained. 14.

The aforementioned acts of Defendants were willful, wanton, malicious, RSSUHVVLYHDQGGRQHZLWKUHFNOHVVLQGLIIHUHQFHWRDQGRUFDOORXVGLVUHJDUGIRU3ODLQWLII¶VULJKWV and justify the awarding of exemplary and punitive damages in an amount to be ascertained according to proof at the time of trial.

Page 3

Case 1:08-cv-02928 15.

Document 1 Filed 05/20/2008 Page 3 of 5 By reason of the above-described acts and omissions of Defendants, Plaintiff was required to retain an attorney to institute, prosecute and render legal assistance to him in the within action so that he might vindicate the loss and impairment of his rights. By reason thereof, 3ODLQWLIIUHTXHVWVSD\PHQWE\GHIHQGDQWVRIDUHDVRQDEOHVXPIRUDWWRUQH\¶VIHHVSXUVXDQWWR U.S.C. Section 1988, the Equal Access to Justice Act or any other provision set by law.

COUNT I
PLAINTIFF AGAINTST THE INDIVIDUAL DEFENDANTS FOR
THE CIVIL RIGHTS CLAIM OF FALSE ARREST

16.

Plaintiff hereby incorporates and re-alleges paragraphs one (1) through fifteen

(15) as though fully alleged at this place.

17.

By reaVRQRI'HIHQGDQWV¶FRQGXFW3ODLQWLIIZDVGHSULYHGRIULJKWVSULYLOHJHVDQG immunities secured to him by the Fourth Amendment to the Constitution of the United States and laws enacted thereunder.

18.

Defendants caused the arrest of Plaintiff unreasonably and without probable or any legal cause to believe that Plaintiff had committed any crime. Therefore, Defendants and each of them are liable for false arrest under 42 U.S.C. § 1983.

COUNT II

PLAINTIFF AGAINST ALL DEFENDANTS FOR THE SUPPLEMENTAL STATE CLAIMS OF FALSE ARREST AND MALICIOUS PROSECUTION 19.

Plaintiff hereby incorporates and re-alleges paragraphs one (1) through fifteen

(15) as though fully alleged at this place.

20.

Defendants, and each of them, falsely arrested and caused a criminal prosecution to commence against the plaintiff.

Page 4

Case 1:08-cv-02928 21.

Document 1 Filed 05/20/2008 Page 4 of 5 Defendants, police officers employed by the City of Chicago, falsely arrested and maliciously commenced and caused to be continued a criminal action against the plaintiff without probable or any legal cause for the institution and continuation of these proceedings. As a result, plaintiff was injured emotionally and otherwise from the loss of certain constitutionally protected liberty and related rights.

22.

Defendants facilitated this malicious prosecution by the creation of false evidence and by giving false police reports.

23.

7KHFULPLQDOSURFHHGLQJVZHUHWHUPLQDWHGLQWKHSODLQWLIIV¶IDYRU 24.

The City of Chicago is liable as a result of respondeat superior.

25.

Therefore, Defendants, and each of them, are liable under the state supplemental claims of False Arrest and Malicious Prosecution.

WHEREFORE, Plaintiff, Edward Brown, by and through his attorneys, Ed Fox & Associates, request judgment as follows against Defendants, and each of them on all claims: 1.

That Defendants be required to pay the Plaintiff, general damages, including emotional distress, in a sum to be ascertained; 2.

ascertained; That Defendants be required to pay the Plaintiff special damages in a sum to be 3.

That Defendants, except the City of Chicago, be required to pay Plaintiffs DWWRUQH\V¶IHHVSXUVXDQWWR6HFWLRQRI7LWOHRIWKH8QLWHG6WDWHV&RGHWKH(TXDO$FFHVV to Justice Act or any other applicable provision; 4.

That Defendants Derouin and Stoll be required to pay PlDLQWLII¶VSXQLWLYHDQG exemplary damages in a sum to be ascertained; 5.

and 7KDW'HIHQGDQWVEHUHTXLUHGWRSD\3ODLQWLII¶VFRVWVRIWKHVXLWKHUHLQLQFXUUHG

Page 5

Case 1:08-cv-02928 6.

Document 1 Filed 05/20/2008 Page 5 of 5 That Plaintiff have such other and further relief as this Court may deem just and proper.

By: /s/ Leslie C. McCoy Leslie C. McCoy ED FOX & ASSOCIATES Suite 330 300 West Adams Chicago, IL. 60602

(312) 345-8877 PLAINTIFF HEREBY REQUESTS A TRIAL BY JURY By: /s/ Leslie C. McCoy Leslie C. McCoy ED FOX & ASSOCIATES Suite 330 300 West Adams Chicago, IL. 60602

(312) 345-8877

PDF Page 1	PlainSite Cover Page

PDF Page 2	Case 1:08-cv-02928 Document 1 Filed 05/20/2008 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION EDWARD R. BROWN, Plaintiff, v. P.O. J. CORNELISON, STAR NO. 3880 and P.O. M. BATTAGLIA, STAR NO. 11770, individually, and the CITY OF CHICAGO, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) FILED: MAY 20, 2008 08CV2928 J. N. Case No.: JUDGE COAR MAG. JUDGE COLE COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND SUPPLEMENTAL STATE CLAIMS JURY DEMANDED COMPLAINT JURISDICTION AND VENUE 1. This action arises under the United States Constitution and the Civil Rights Act of 1871 [42 U.S.C. Section 1983]. This court has jurisdiction under and by virtue of 28 U.S.C. Sections 1343, 1331, and 1367. 2. Venue is founded in this judicial court upon 28 U.S.C. Section 1391 as the acts complained of arose in this district. PARTIES 3. $WDOOWLPHVKHUHLQPHQWLRQHG3ODLQWLII(':$5'%52:1 ³%URZQ´ ZDVDQG now is a citizen of the United States. 4. At all times herein mentioned, Defendants J. CORNELISON Star No. 3880 ³&RUQHOLVRQ´ DQG0%$77$*/,$6WDU1R ³%DWDJOLD´ ZHUHPHPEHUVRIWKH&LW\RI Chicago Police Department, and were acting under color of state law and as the employees, agents or representatives of the City of Chicago. These officers are being sued in their individual/personal capacities.

PDF Page 3	Case 1:08-cv-02928 5. Document 1 Filed 05/20/2008 Page 2 of 5 At all times herein mentioned, the CITY OF CHICAGO was a political division of the State of Illinois, existing as such under the laws of the State of Illinois. At all relevant times, the City of Chicago maintained, managed, and/or operated the City of Chicago Police Department. FACTUAL ALLEGATIONS 6. On May 22, 2007, Plaintiff was in the vicinity of 441 N. Wabash Avenue, Chicago, Illinois 60611. 7. 'HIHQGDQWVDUULYHGDW3ODLQWLII¶VORFDWLRQ 8. Plaintiff was then handcuffed, arrested and transported to the police station. There was no probable or legal cause for the arrest. 9. Plaintiff was then charged and prosecuted for the crime of burglary. There was no legal cause to believe that Plaintiff should be charged with any crime. 10. Plaintiff was incarcerated from May 22, 2007 to October 25, 2007. 11. All criminal charges against the Plaintiff were dismissed on or about October 25, 2007. 7KHFKDUJHVZHUHWHUPLQDWHGLQ3ODLQWLII¶VIDYRU 12. Plaintiff did not consent to any of the acts above described. 13. By reason of the above-described acts and omissions of Defendants, Plaintiff sustained physical injuries, humiliation, and indignities, and suffered great physical, mental, and emotional pain and suffering all to his damage in an amount to be ascertained. 14. The aforementioned acts of Defendants were willful, wanton, malicious, RSSUHVVLYHDQGGRQHZLWKUHFNOHVVLQGLIIHUHQFHWRDQGRUFDOORXVGLVUHJDUGIRU3ODLQWLII¶VULJKWV and justify the awarding of exemplary and punitive damages in an amount to be ascertained according to proof at the time of trial.

PDF Page 4	Case 1:08-cv-02928 15. Document 1 Filed 05/20/2008 Page 3 of 5 By reason of the above-described acts and omissions of Defendants, Plaintiff was required to retain an attorney to institute, prosecute and render legal assistance to him in the within action so that he might vindicate the loss and impairment of his rights. By reason thereof, 3ODLQWLIIUHTXHVWVSD\PHQWE\GHIHQGDQWVRIDUHDVRQDEOHVXPIRUDWWRUQH\¶VIHHVSXUVXDQWWR U.S.C. Section 1988, the Equal Access to Justice Act or any other provision set by law. COUNT I PLAINTIFF AGAINTST THE INDIVIDUAL DEFENDANTS FOR THE CIVIL RIGHTS CLAIM OF FALSE ARREST 16. Plaintiff hereby incorporates and re-alleges paragraphs one (1) through fifteen (15) as though fully alleged at this place. 17. By reaVRQRI'HIHQGDQWV¶FRQGXFW3ODLQWLIIZDVGHSULYHGRIULJKWVSULYLOHJHVDQG immunities secured to him by the Fourth Amendment to the Constitution of the United States and laws enacted thereunder. 18. Defendants caused the arrest of Plaintiff unreasonably and without probable or any legal cause to believe that Plaintiff had committed any crime. Therefore, Defendants and each of them are liable for false arrest under 42 U.S.C. § 1983. COUNT II PLAINTIFF AGAINST ALL DEFENDANTS FOR THE SUPPLEMENTAL STATE CLAIMS OF FALSE ARREST AND MALICIOUS PROSECUTION 19. Plaintiff hereby incorporates and re-alleges paragraphs one (1) through fifteen (15) as though fully alleged at this place. 20. Defendants, and each of them, falsely arrested and caused a criminal prosecution to commence against the plaintiff.

PDF Page 5	Case 1:08-cv-02928 21. Document 1 Filed 05/20/2008 Page 4 of 5 Defendants, police officers employed by the City of Chicago, falsely arrested and maliciously commenced and caused to be continued a criminal action against the plaintiff without probable or any legal cause for the institution and continuation of these proceedings. As a result, plaintiff was injured emotionally and otherwise from the loss of certain constitutionally protected liberty and related rights. 22. Defendants facilitated this malicious prosecution by the creation of false evidence and by giving false police reports. 23. 7KHFULPLQDOSURFHHGLQJVZHUHWHUPLQDWHGLQWKHSODLQWLIIV¶IDYRU 24. The City of Chicago is liable as a result of respondeat superior. 25. Therefore, Defendants, and each of them, are liable under the state supplemental claims of False Arrest and Malicious Prosecution. WHEREFORE, Plaintiff, Edward Brown, by and through his attorneys, Ed Fox & Associates, request judgment as follows against Defendants, and each of them on all claims: 1. That Defendants be required to pay the Plaintiff, general damages, including emotional distress, in a sum to be ascertained; 2. ascertained; That Defendants be required to pay the Plaintiff special damages in a sum to be 3. That Defendants, except the City of Chicago, be required to pay Plaintiffs DWWRUQH\V¶IHHVSXUVXDQWWR6HFWLRQRI7LWOHRIWKH8QLWHG6WDWHV&RGHWKH(TXDO$FFHVV to Justice Act or any other applicable provision; 4. That Defendants Derouin and Stoll be required to pay PlDLQWLII¶VSXQLWLYHDQG exemplary damages in a sum to be ascertained; 5. and 7KDW'HIHQGDQWVEHUHTXLUHGWRSD\3ODLQWLII¶VFRVWVRIWKHVXLWKHUHLQLQFXUUHG

PDF Page 6	Case 1:08-cv-02928 6. Document 1 Filed 05/20/2008 Page 5 of 5 That Plaintiff have such other and further relief as this Court may deem just and proper. By: /s/ Leslie C. McCoy Leslie C. McCoy ED FOX & ASSOCIATES Suite 330 300 West Adams Chicago, IL. 60602 (312) 345-8877 PLAINTIFF HEREBY REQUESTS A TRIAL BY JURY By: /s/ Leslie C. McCoy Leslie C. McCoy ED FOX & ASSOCIATES Suite 330 300 West Adams Chicago, IL. 60602 (312) 345-8877

AI text generation	None
AI document summarization	None
AI-augmented search	None
AI-generated images	None
AI chat or Q&A interface	Linkable via MCP
Third party AI contribution in government documents	Possible

Brown v. Cornelison et al Document 1: Complaint