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Case 1:08-cv-03913 Document 1 Filed 07/09/2008 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION FILED: JULY 9, 2008 08CV3913 EDWARD BROWN, ) JUDGE LEFKOW ) Plaintiff, ) Case No.: MAGISTRATE JUDGE COX ) AEE v.
) COMPLAINT FOR ) VIOLATION OF CIVIL RIGHTS P.O. J. WASSNER, ) AND STATE SUPPLEMENTAL P.O. N. KOHANYI, ) CLAIM P.O. R. CORY, Individually, and ) THE CITY OF ROCKFORD ) ) Defendants. ) JURY DEMAND 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 found in this judicial court upon 28 U.S.C. Section 1391 as the acts complained of arose in this district.
PARTIES
3.
At all times herein mentioned, Plaintiff EDWARD BROWN ( “ Brown”or “ Pl a i nt i f f ” )wa sa ndnowi sac i t i z e noft heUni t e dSt a t e s ,a ndr e s i de swi t hi nt hej ur i s di c t i onof this Court.
4.
At all times herein mentioned, Defendant Berwyn Police Officers J. WASSER, N. KOHANYI, and R. CORY ( “ I ndi vi dua lDe f e nda nt ” )we r eemployed by the Rockford Police Department and were acting under color of state law and as employees, agents, or representatives
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Case 1:08-cv-03913 Document 1 Filed 07/09/2008 Page 2 of 7 for the Rockford Police Department. These defendants are being sued in their individual/personal capacities.
5.
At all times herein mentioned, THE CITY OF ROCKFORD ( “ Ci t y ” )wa sa 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 Rockford maintained, managed, and/or operated the City of Rockford Police Department.
FACTUAL ALLEGATIONS
6.
On or about July 11, 2007, Plaintiff was at 515 Seminary, Rockford, IL. 7.
Att ha tpl a c ea ndda t e ,t hei ndi vi dua lde f e nda nt sa r r i ve da tPl a i nt i f f ’ sl oc a t i on.
8.
Plaintiff was subjected to unnecessary and unreasonable force by being repeatedly shot with a “ Taser”( or some other electroshock device used to immobilize and/or incapacitate a person) by the individual defendants. De f e nda nt ’ sa c t i onsc a us e dPl a i nt i f ft ol os e consciousness.
9.
The individual defendants then caused Plaintiff to be unlawfully arrested by handcuffing Plaintiff and forcing him into a police vehicle. 10.
Plaintiff in no way consented to this conduct. 11.
The individual defendants then caused Plaintiff to be falsely charged with obstructing a police officer and possession with intent to deliver a controlled substance. 12.
On or about April 7, 2008,Pl a i nt i f f ’ sc a s ewa sdi s mi s s e d,t e r mi na t i ngi nhi s 13.
By reason of the above-described acts and omissions of Defendants, Plaintiff favor.
sustained injuries including, but not limited to, humiliation and indignities, medical expenses,
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Case 1:08-cv-03913 Document 1 Filed 07/09/2008 Page 3 of 7 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 the Defendants were willful, wanton, malicious, oppr e s s i vea nddonewi t hr e c kl e s si ndi f f e r e nc et oa nd/ orc a l l ousdi s r e ga r df orPl a i nt i f f ’ sr i g ht s and justify the awarding of exemplary and punitive damages in an amount to be ascertained according to proof at the time of trial. 15.
By reason of the above-described acts and omissions of the 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, Pl a i nt i f fr e que s t spa y me ntbyDe f e nda nt s ,a nde a c hoft he m,ofar e a s ona bl es um f ora t t or ne y ’ s fees pursuant to 42 U.S.C. Section 1988, the Equal Access to Justice Act or any other provision set by law.
COUNT I
Plaintiff against Individual Defendants for Excessive Force 16.
Plaintiff hereby incorporates and re-alleges paragraphs one (1) through fifteen
(15) hereat as though fully alleged at this place. 17.
Byr e a s onofDe f e nda nt s ’c onduc t ,Pl a i nt i f fwas deprived of rights, privileges and immunities secured to him by the Fourth Amendment to the Constitution of the United States and laws enacted thereunder.
18.
The violence inflicted upon Plaintiff was unnecessary and unreasonable and was therefore in vi ol a t i onofPl a i nt i f f ’ sFo u r t hAme ndme ntRi g ht s .Spe c i f i c a l l y ,a l loft hef or c e described above was without legal cause and constituted unnecessary and unreasonable
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Case 1:08-cv-03913 Document 1 Filed 07/09/2008 Page 4 of 7 excessive force. Therefore the individual Defendants are liable to Plaintiff pursuant to 42 U.S.C. § 1983.
COUNT II
Plaintiff against Individual Defendants for Unlawful Detention and False Arrest 19.
Plaintiffs hereby incorporate and re-allege Paragraphs one (1) through fifteen (15) hereat as though fully set forth at this place.
20.
By reasonofDe f e nda n t s ’c onduc t ,Pl a i nt i f f swe r ede pr i ve dofr i g ht s ,pr i vi l e g e s , and immunities secured to them by the Fourth Amendment to the Constitution of the United States and laws enacted thereunder.
21.
The detention and arrest of Plaintiff as alleged above was caused by Defendants and was done without probable cause and was unreasonable. Therefore, Defendants are liable for this detention and arrest under 42 U.S.C. § 1983.
COUNT IV
Plaintiff against All Defendants for Supplemental Claims of Assault and Battery, False Arrest, and Malicious Prosecution 22.
Plaintiff hereby incorporates and re-alleges paragraphs one (1) through fifteen
(15) as though fully alleged at this place.
23.
Defendants, and each of them, caused Plaintiff to be assaulted and battered, falsely arrested, and a false criminal prosecution to commence against Plaintiff. 24.
Defendants, police officers employed by the City of Chicago, maliciously commenced and caused to be continued a criminal action against the plaintiffs without probable or any legal cause for the institution and continuation of these proceedings. As a result, plaintiff
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Case 1:08-cv-03913 Document 1 Filed 07/09/2008 Page 5 of 7 was injured emotionally and otherwise from the loss of certain constitutionally protected liberty and related rights.
25.
Defendants facilitated this malicious prosecution by the creation of false evidence and by giving false police reports.
26.
Thec r i mi na lpr oc e e di ng swe r et e r mi na t e di nt hepl a i nt i f f s ’f a vor .
27.
The City of Rockford is liable as a result of respondeat superior. 28.
Therefore, Defendants, and each of them, are liable under the state supplemental claims of assault and battery, 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 Rockford, be required to pay Plaintiffs a t t or ne y s ’f e e spur s ua ntt oSe c t i on19 8 8ofTi t l e42oft heUni t e dSt a t e sCode ,t heEqua lAc c e s s to Justice Act or any other applicable provision (except not on Count III);
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Case 1:08-cv-03913 Document 1 Filed 07/09/2008 Page 6 of 7 4.
That the individual defendants ber e qui r e dt opa yPl a i nt i f f ’ spuni t i vea nd exemplary damages in a sum to be ascertained; 5.
Tha tDe f e nda nt sber e qui r e dt opa yPl a i nt i f f ’ sc os t soft hes ui the r e i ni nc ur r e d; 6.
That Plaintiff have such other and further relief as this Court may deem just and and proper.
By: /s/ Leslie C. McCoy Leslie C. McCoy ED FOX & ASSOCIATES Suite 330 300 West Adams Chicago, IL. 60602
(312) 345-8877
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Case 1:08-cv-03913
Document 1
Filed 07/09/2008
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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
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