TEMPLATE • Filing Police Brutality Claim (Research/Review For Pro Se)

TEMPLATE • Filing Police Brutality Claim (Research/Review For Pro Se)
Write By: admin Published In: #QQw-JUSTICE LAW Created Date: 2020-08-07 Hits: 1832 Comment: 0

RESEARCH DOCUMENT:
Police Brutality Template

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If you are telling the truth, protect it- ATTACH AN 'AFFIDAVIT TRUTH' TO THIS TYPE OF FILING:
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[United States v. Kis, 658 F.2d 526, 536 (7th Cir. 1981); Cert. Denied, 50 U.S. L. W. 2169; S. Ct. March 22, 1982]

Armed with your- TRUTH, PROOF and Their LIES/FRAUD your 'CLAIM' is well fortified to prevail.
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(A judge is 'NOT' the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980).))


Addressing Modern-day Public Civil ServANTS acting as Dictators, completely forgetting that they are appointed Public Civil ServANTS.
A JURAT AFFIDAVIT IS ACT THE CORE OF THE RIGHTS OF INDIVIDUALS WITHIN THE 99%. (Learn more about UCC Contract Law)


IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION


GEORGE ROBERTS,
                                                                                                      HON.
                                                                                                      HON.
Plaintiff                        
                                                                                                     No.     15-cv-8049
                                                                                                     Filed 09/14/15
vs.

CITY OF CHICAGO,        
CHICAGO POLICE OFFICERS                  
R. ADAMS (Star #11786),                               
T. HALL (Star #5575),                                 
P. CORSO (Star #12158),                                    
B. ELLISON (Star #12599),                                
M. MURPHY (Star #15504), and                     
E. MARTINEZ (Star #17750), and                   
UNKNOWN POLICE  OFFICER
                                                                                                      Jury Trial Demanded
Defendants.

 

Complaint

NOW COMES Plaintiff, GEORGE ROBERTS (“Roberts” or “Plaintiff”), by his attorney, Timothy J. Fiscella, and complaining of Defendants, CITY OF CHICAGO,  CHICAGO  POLICE  OFFICERS  R.  ADAMS  (Star  #11786) (“Defendant Adams” or “Officer Adams”), T. HALL (Star #5575) (“Defendant Hall” or “Officer Hall”), P. CORSO (Star #12158) (“Defendant Corso” or “Officer Corso”), B. ELLISON (Star #12599) (“Defendant Ellison” or “Officer Ellison”), M. MURPHY (Star #15504) (“Defendant Murphy” or “Officer Murphy”), E. MARTINEZ (Star #17750) (“Defendant Martinez” or “Officer Martinez”) , and an UNKNOWN CHICAGO POLICE OFFICER (“referred to as “Unknown Officer”)

(referred to collectively as “Defendant Officers”), and states as follows:

 

Introduction

1. This action is brought pursuant to 42 U.S.C. § 1983 to redress the deprivation under  color  of  law  of  Plaintiff’s rights  as  secured by  the United States Constitution.  Section 1983 provides an individual the right to sue state government employees and others acting "under color of state law" for civil rights violations. Section 1983 does not provide civil rights; it is a means to enforce civil rights that already exist.

Jurisdiction and Venue

2.  This Court has jurisdiction of the action pursuant to 28 U.S.C. §§ 1331 and 1343(a),   the   Constitution   of   the   United   States,   and   this   Court’s supplemental jurisdiction powers.

3.  Venue is proper under 28 U.S.C. § 1391(b).   On information and belief, all parties reside in this judicial district, and the events giving rise to the claims asserted herein occurred within district.

Parties
4.  Plaintiff, George Roberts, is 51 years old.    He is and has been at all times relevant to this Complaint employed by the Independent Police Review Authority (“IPRA”) as  a  Supervising Investigator. He  is  a  resident of Chicago, Illinois, within the Northern District of Illinois, Eastern Division.

5.  On information and belief, all Defendant Officers are and were at the time of the events complained of herein employed by the City of Chicago as Police Officers.

6.  City of Chicago is a municipal corporation within the Northern District of Illinois.

7.  At all times material to this Complaint, the Defendant Officers were acting under color of state law, ordinance, and/or regulation, statutes, custom, and usage of City of Chicago.

 

Background

8.  On January 1st, 2015 around 1:30 a.m. Plaintiff was on his way home when stopped by Defendants for a minor traffic violation near 1500 East 85th Place, Chicago, Illinois.

9.  Defendants approached Plaintiff’s vehicle with their guns drawn and at least one officer had his weapon pointed directly at Plaintiff.

10. Plaintiff exited his vehicle as ordered and was then pushed in the back by one or more of the Defendants.

11. Plaintiff struck the ground causing injuries to his legs and knees.

12. One  of  the  Defendants,  believed  to  be  Defendant  Corso,  threatened Plaintiff: “Don’t make me fucking shoot you!”

13. The aforementioned conduct was wholly unnecessary and unreasonable, as Plaintiff was not threatening, resisting, or otherwise failing to comply with the Defendants’ orders at this point or at any point during the stop.

14. Defendants went through Plaintiff’s pockets and located his wallet which contained  his  driver’s  license  and  his  identification  as  a  supervising investigator with IPRA.

15. Moments later, Defendant Ellison ran back to his vehicle and turned off his vehicle’s video recording equipment.

16. Up   to   that   point,  the   video   recording  device  had   been  properly functioning with date and time stamps clearly visible.

17. Additionally, at least two of the Defendants’ vehicles were equipped with audio recording devices.

18. However, according to the Defendants, there apparently is also no audio recording of any portion of the encounter.

19. No explanation was offered for this throughout the criminal proceedings or in any of the reports generated by the Defendants.

20. When the Defendants turned off the dash camera, things got worse for Plaintiff.

21. Initially, Plaintiff, who was approximately 315 pounds at the time, was placed in a single set of handcuffs that were clearly too tight.

22. Plaintiff pleaded with Defendants to loosen the handcuffs or use multiple pairs because of his size.

23. The Defendants refused and then put Plaintiff in the back of a police vehicle.

24. While  inside  the  squad  car,  Plaintiff  noticed  that  the  handcuffs  kept getting tighter when he moved even slightly.

25. When Plaintiff again complained about the extreme discomfort he was feeling due to the continually tightening handcuffs, one of Defendants, believed to  be  Defendant Adams, leaned into the squad car  and said something to the effect of: “What are you going to tell me next, you can’t breathe?”

26. Plaintiff continued to plead with the Defendants to loosen the handcuffs from inside the squad car with no results.

27. Specifically, Plaintiff begged Defendants, “I’m 6’3”, 315 pounds, these handcuffs are too tight!”

28. Defendant, believed to be Officer Adams, replied: “That’s your fault!”

29. The other Defendants laughed at Defendant Adams’ comment and took no action to loosen or adjust the handcuffs.

30. Eventually,  Defendants,  apparently  annoyed  by  Plaintiff’s  numerous complaints of discomfort, removed him from the squad car.

31. Plaintiff was then taken to the ground again so violently he lost control of his bowels.

32. He was eventually taken back to the District 4 lockup where he remained in his soiled clothes overnight.

33. While in the cell in his soiled clothes, Plaintiff asked numerous times to speak to a supervisor to report the Defendants misconduct, the injuries they had caused him, and to make necessary notifications of his arrest.

34. He was never allowed to speak a supervisor or report the Defendants’ misconduct.

35. However, at one point during the night, an Unknown Chicago Police Officer, believed to be a supervisor and wearing a white Chicago Police uniform shirt, did look into Plaintiff’s cell, laugh at him, and then walk away.

36. Plaintiff  was   eventually  given  tickets  for   multiples  minor  moving violations and a charge of driving under the influence.

37. The tickets issued to Plaintiff had a box to indicate whether the incident(s) were video recorded.

38. The  Defendants did  not  indicate  that  there  was  video  on  any  of  the citations issued to Plaintiff despite the fact that a significant portion of Plaintiff’s driving is actually captured on the dashboard camera before it was turned off.

39. Similarly, the Defendants’ also checked the “No” box when asked if the incident was video recorded on the Alcohol Influence Report.

40. The Defendants never told the prosecution about the video or the fact that they  had  turned  it  off  until  it  was  discovered  by  Plaintiff’s  criminal counsel.

41. Following a bench trial in the Circuit Court of Cook County, Plaintiff was acquitted of DUI.

 

Count I
42 U.S.C. § 1983: False Arrest

42. Each  of  the  paragraphs  of  this  Complaint  is  incorporated  as  if  fully restated herein.

43. As  described  in  the  preceding  paragraphs,  the  Defendant  Officers unlawfully   detained   and   falsely   arrested   Plaintiff   without   legal justification or probable cause.

44. Defendant Officers knew that Plaintiff had not committed any crimes and still continued to effectuate the arrest, detention, and prosecution of Plaintiff for the charge.

45. The misconduct described in this Count was undertaken with  malice, willfulness, and reckless indifference to the rights of Plaintiff.

46. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally with willful indifference to Plaintiff’s constitutional rights, specifically the Fourth and Fourteenth Amendments to the United States Constitution, and hence 42 U.S.C. § 1983.

47. As  a  result  of  the  unjustified  violation  of  Plaintiff’s  rights  by  the Defendant Officers, Plaintiff has suffered injury, including emotional distress.

 

Count II
42 U.S.C. § 1983: Excessive Force

48. Each  of  the  paragraphs  of  this  Complaint  is  incorporated  as  if  fully restated herein

49. As a result of the Defendant Officers’ unjustified and excessive use of force, Plaintiff suffered pain and injury, as well as emotional distress.

50. This  conduct violated the  Fourth and  Fourteenth Amendments to  the United States Constitution, and hence 42 U.S.C. § 1983.


51. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally with malice, willfulness, and reckless indifference to Plaintiff’s constitutional rights.

52. The aforementioned actions of the Defendant Officers were the direct and proximate cause of the constitutional violations, and the attendant injuries resulting therefrom, as set forth above.

53. As a result of the Defendant Officers’ unjustified and excessive use of force Plaintiff has, as a direct and proximate cause, suffered pain and injury, including emotional distress.

 

Count III
42 U.S.C. § 1983: Due Process/Brady Violation

54. Each  of  the  paragraphs  of  this  Complaint  is  incorporated  as  if  fully restated herein.

55. Defendants deliberately destroyed, hid, and/or prevented the creation of impeaching and exculpatory evidence. Specifically, Defendants:
a.  Turned off the video recording equipment as referenced above;
b.  Failed to audio record any part of their encounter with Plaintiff despite being equipped with such devices;
c.   Generated an Alcohol Influence Report which falsely indicated that the incident was not video recorded;
d.  Generated  citations  which  omitted  the  fact  that  a  substantial portion of Plaintiff’s driving and the initial part of the encounter is captured on video; and
e.   Testified falsely at hearings throughout the criminal proceedings regarding the aforementioned matters.
56. In the manner described above, Defendant Officers deprived Plaintiff of Due Process in violation of the 5th and 14th Amendments to the United States Constitution.

57. Defendant Officers’ actions set forth above were so arbitrary as to shock the conscience.

58. Such violations of Plaintiff’s rights were undertaken intentionally, with malice and willful indifference to Plaintiff’s rights.

59. As  a  result  of  the  above-described  wrongful  conduct,  Plaintiff  has suffered pain and injury, as well as emotional distress.

60. The   misconduct  alleged  in   this   Count   was   undertaken  while  the Defendant Officers were acting within the scope of their employment.

61. The misconduct described in this Count was undertaken with malice, willfulness, and reckless indifference to the rights of others.

 

Count IV
State Law Claim: False Imprisonment

62. Each  of  the  paragraphs  of  this  Complaint  is  incorporated  as  if  fully restated herein.

63. Plaintiff was imprisoned by the Defendant Officers, and thereby had his liberty  to  move  about  unlawfully  restrained,  despite  the  Defendant Officers’ knowledge that there was no probable cause for doing so.

64. The actions of the Defendant Officers were undertaken intentionally, with malice and reckless indifference to Plaintiff’s rights.

65. As a result of the wrongful infringement of Plaintiff’s rights, Plaintiff has, as  a  direct  and  proximate cause,  suffered  injury,  including  emotional distress.

66. As  described  above,  the  Defendant  Officers’  conduct  was  undertaken within the scope of their employment such that their employer, City of Chicago is liable for their actions.

 

Count V
42 U.S.C. § 1983: Conspiracy to Commit Constitutional Violations

67. Each  of  the  paragraphs  of  this  Complaint  is  incorporated  as  if  fully restated herein.

68. As discussed in greater detail above, the Defendant Officers conspired with each other to cause damage to the Plaintiff by:
a.  Agreeing not to report each other after witnessing and/or using excessive force relative to the Plaintiff;
b.  Agreeing not  to  generate reports documenting their  conduct to cover-up their own and each other’s misconduct;
c.   Agreeing to generate reports and other documents which omitted material facts relating to the arrest and containing patent falsities;
d.  Agreeing to  testify  falsely  throughout the criminal proceedings;
and
e.   Agreeing to hide, destroy, and/or prevent the creation of evidence of  the  Constitutional violations described above and,  including, stopping the video camera recording equipment during the stop; turning off/disabling all audio recording equipment; and agreeing to generate reports which falsely indicated that no video recording existed in order to cover up the above mentioned misconduct.

69. The aforementioned actions of the Defendant Officers were the direct and proximate cause of the violations of the United States Constitution discussed above, and the attendant injury and emotional distress resulting therefrom.

 

Count VI
42 U.S.C. § 1983: Failure to Intervene

70. Each  of  the  paragraphs  of  this  Complaint  is  incorporated  as  if  fully restated herein.

71. As described more fully above, one or more of the Defendants had a reasonable  opportunity  to  prevent  the  violations  of  Plaintiff’s constitutional rights as set forth above.

72. As  a  result  of  the  Defendant  Officers’  failure  to  intervene,  Plaintiff suffered pain and injury, as well as emotional distress.

73. The Defendants’ actions were undertaken intentionally with malice and reckless indifference to Plaintiff’s rights.

74. The misconduct described in this Count was undertaken by the Defendant Officers within the scope of their
employment and under color of law.

 

Count VII
State Law Claim: Malicious Prosecution

75. Each  of  the  paragraphs  of  this  Complaint  is  incorporated  as  if  fully restated herein.

76. As  described  more  fully  above,  the  Defendant  Officers  commenced, caused to be commenced, and/or continued a criminal proceeding against Plaintiff for which Defendant Officers knew there was no probable cause, and the criminal proceeding terminated in Plaintiff’s favor in a manner indicative of innocence.

77. The  Defendant  Officers’  actions  were  undertaken  intentionally,  with malice and reckless indifference to the rights of others—specifically, the Plaintiff’s.

78. The  Defendant Officers  accused  Plaintiff  of  criminal  activity  knowing those accusations to be without probable cause, and they made written and other statements with the intent of exerting influence to institute and continue judicial proceedings.

79. Statements and  reports  of  the  Defendant Officers regarding Plaintiff’s alleged   criminal   culpability   were   made   with   knowledge   that   the statements were false.

80. As a result of the Defendant Officers’ malicious prosecution, Plaintiff has suffered, as  a  direct and proximate cause, injury, including emotional distress.

 

Count VIII
State Law Claim: Assault and Battery

81. Each  of  the  paragraphs  of  this  Complaint  is  incorporated  as  if  fully restated herein.

82. As described more fully in the preceding paragraphs, Defendants’ used unnecessary  and  unreasonable  force  against  Plaintiff,  which  included harmful and offensive touching.

83. At  that  time,  Plaintiff  had  a  reasonable apprehension that  he  was  in considerable danger and would be subjected to great bodily harm.

84. The misconduct described in this Count was undertaken with  malice, willfulness, and reckless indifference to the rights of others—specifically, the Plaintiff.

85. As described in the preceding paragraphs, the conduct of the Defendant Officers,  acting  under  color  of  law  and  within  the  scope  of  their employment,   was   undertaken   willfully   and   wantonly,   proximately causing Plaintiff’s injuries.

 

Count IX
State Law Claim: Intentional Infliction of Emotional Distress

86. Each  of  the  paragraphs  of  this  Complaint  is  incorporated  as  if  fully restated herein.

87. In the manner described more fully above, the Defendants engaged in extreme and outrageous conduct, including, but not limited to:
a.  Threatening to shoot or tase Plaintiff while pointing weapons at him without any reasonable justification;

b.  Putting him in extremely tight handcuffs that were not properly locked so that they continually got tighter and caused more and more pain and discomfort;
c.   Refused numerous requests by Plaintiff to loosen them or use two sets of handcuffs;
d.  Held Plaintiff in custody for several hours in soiled pants while at least one unknown officer walked by his cell and laughed.

88. The Defendants intended that their conduct would cause severe emotional distress to the Plaintiff and knew that there was a high probability that their conduct would cause severe emotional distress to the Plaintiff.

89. The misconduct described in this Count was undertaken with  malice, willfulness, and reckless indifference to the rights of others.


90. As  a  proximate  result  of  this  misconduct,  Plaintiff  suffered  injuries, including but not limited to severe emotional distress.

 

Count X
State Law Claim: Respondeat Superior

91. Each  of  the  paragraphs  of  this  Complaint  is  incorporated  as  if  fully restated herein.

92. In committing the acts alleged in the preceding paragraphs, the Defendant Officers were acting as members and agents of the City of Chicago acting at all relevant times within the scope of their employment.

93. Defendant City of Chicago is liable as principal for all torts committed by its agents when acting as its agent.

 

Count XI
State Law Claim: Indemnification

94. Each  of  the  paragraphs  of  this  Complaint  is  incorporated  as  if  fully restated herein.
95. Illinois  law  provides  that  public  entities  are  directed  to  pay  any  tort judgment  for  compensatory  damages  for  which  employees  are  liable within the scope of their employment activities.

96. The Defendant Officers are employees of the Chicago Police Department, who  acted  within  the  scope  of  their  employment  in  committing  the misconduct described herein.
WHEREFORE, Plaintiff, GEORGE ROBERTS, respectfully request that this Court enter judgment in his favor and against Defendants, CITY OF CHICAGO, and CHICAGO POLICE OFFICERS R. ADAMS (Star #11786), T. HALL (Star #5575), P. CORSO (Star #12158), B. ELLISON (Star #12599), M. MURPHY (Star #15504), and E. MARTINEZ (Star #17750), awarding compensatory damages and attorneys’ fees, along with punitive damages against the DEFENDANT OFFICERS in their individual capacity, as well as any other relief this Court deems just and appropriate.

 

Jury Demand

 

Plaintiff,  GEORGE  ROBERTS,  hereby  demands  a  trial  by  jury  pursuant  to

Federal Rule of Civil Procedure 38(b) on all issues so triable.

 

 

 

Respectfully Submitted,

 


/s/ Timothy J. Fiscella
Attorney for Plaintiff
Law Office of Timothy J. Fiscella
53 West Jackson, Suite 1750
Chicago, Illinois 60604
312-546-4885




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