Case 1:05-cv-01904 Document 28 Filed 07/20/2005 Page 1 of 11

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

ANTONIO VIEYRA,

Plaintiff,

)

)

VS.

)

)

COUNTY OF WILL, a not-for-profit Illinois )

Corporation, PAUL J. KAUPAS, individually,)

and as Sheriff of Will County, Will County

Adult Detention Facility and

STEVEN BROOKS,

Judge David H. Coar

Defendants.

Magistrate Judge Morton Denlow

SECOND AMENDED COMPLAINT AT LAW

NOW COMES the Plaintiff, ANTONIO VIEYRA, by and through his attomeys, CHUCK BRETZ and ASSOCIATES, P.C., and for his Second Amended Complaint against the Defendants, COUNTY OF WILL, PAUL J. KAUPAS, individually, and as Sheriff of Will County, Will County Adult Detention Facility, and STEVEN BROOKS, states as follows:

COUNT I FALSE IMPRISONMENT

1. That jurisdiction is proper with this court pursuant to 28 U.S.C. 1331 as this matter involves issues of federal taw.
2. That all relevant acts occurred in Will County, Illinois.

Illinois.

That the Plaintiff, Antonio Vieyra, is a resident of the Northern District of

4. That on or about April 8, 2004 the Plaintiff, Antonio Vieyra, was placed under arrest for the offense of Aggravated Battery with associated case number 04 CF 517.

5. That the Plaintiff was alleged to have intentionally and knowingly made physical contact without legal justification with Defendant Will County Sheriff Steven Brooks.

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6. That at all relevant times hereto, the Defendants, Sheriff Paul J. Kaupas, and the Will County Adult Detention Facility, were departments of the Defendant, County of Will.
7. That on April 8, 2004, the Ptaintiffwas in custody at the Will County Adult Detention Facility and was assigned to C Pod on an urn’elated matter.
8. That on said date, the Defendant, Steven Brooks was assigned to C Pod in the capacity of a Will County Sheriff.
9. That all times relevant hereto, Defendant, Steven Brooks, was acting as an employee/agent of the Defendants, Will County Adult Detention Facility and the County of Will.
10. That earlier on said date, Defendant, Steven Brooks had told the Plaintiff to quiet down.
11. That some time later on said date, Defendant, Steven Brooks, went back to Cell 4 which housed the Plaintiff:
12. That when Defendant, Steven Brooks, went to Cell 4 to talk with the Plaintiff, it was not pursuant to any County policy or procedure.
13. That Defendant, Steven Brooks, opened up Cell 4 and struck the Plaintiff with a closed fist in his face.
14. That the Plaintiff was placed under arrest and subsequently charged with aggravated battery and resisting a peace officer under the claim that the Plaintiff headbutted the Defendant, Steven Brooks, in the mouth.
15. That on April 8, 2004, the allegations made by the Defendant, Steven Brooks, in his police report that charged the Plaintiff with a criminal offense were fabricated and contained false and misIeading statements.
16. That the Defendant, Steven Brooks, wrote, fabricated and filed a complaint against the Plaintiff, while acting in his individual and official capacity and acting under color of state law.
17. That at all times material, the battery on Plaintiff and subsequent filing of false information as the basis of the criminal complaint was premised on an unwritten policy and custom of the Will County Sheriff’s Department and Will Cotmty Adult Detention Facility, divisions of the County of Will.
18. That the criminal complaint was initiated pursuant to the aforementioned
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unwritten policy and its overall purpose to keep the Plaintiff in custody facing additional criminal charges and to validate the inappropriate actions of abuse by Defendant, Steven Brooks.
18. That said policy of enforcing physical assaults to cover up inappropriate and abusive conduct towards prisoners incarcerated at the Will County Adult Detention Facility was a deliberate act by the Defendant, Steven Brooks.
19. That the Defendants, County of Will, Will County Adult Detention Facility and Paul J. Kaupas failed to act/or ta&e serious action as to prevent such actions to protect inmates and, in particular, the Plaintiff.
20. That the Defendants, County of Will, Will County Adult Detention Facility and Paul J. Kaupas are in violation of implemented directives regarding Excessive Force, Official Misconduct, Abuse, and Discrimination.
21. That the Defendants through their widespread misconduct, including the use of excessive force, falsifying of police reports and criminal complaints, have caused the violation of Plaintiff’s Constitutional rights.
22. That when this matter proceeded to trial, the Defendant, Steven Brooks, testified that the contact between the Plaintiff and himself could have been done unintentionally and in fact may have been an accident.
23. That the Plaintiff was detained by the Defendants for the offenses of aggravated battery and resisting a peace officer.
24. That the Plaintiff’s detention by the Defendants violated Plaintiff’s right to Due Process under the Fourteenth Amendment of the United States Constitution.
25. That the Plaintiff’ s detention by the Defendants, deprived the Plaintiff of his rights, privileges and immunities in violation of Title 42, Chapter 21, Subchapter I, Section 1983 of the United States Code.
26. That the Defendant, County of Will, knew or should have known that Defendants, Will County Adult Detention Facility, Paul J. Kaupas and Steven Brooks violated the rights of those of whom they detain, including the Plaintiff.
27. That the Defendants, County of Wilt, Will County Adult Detention Facility, and Paul J. Kaupas, have failed to investigate, discipline, reprimand or instruct their officers in anyway for and because of malicious and unconstitutional actions of their officers, thus evincing a policy, practice, and custom of encouraging and condoning such acts.
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28. That the Plaintiff was held in custody without any lawful process and caused the Plaintiff to be deprived of his rights secured by the Fourth and Fourteenth Amendments to the Constitution of the United States.
29. That Plaintiff was unlawfully held in custody for this charge and was caused to incur legal expense as a direct and proximate result of the official polices of the County of Will, Wilt County Adult Detention Facility and Paul J. Kaupas and/or the deliberate indifference of the Defendants.
30. That the misconduct described in this count was undertaken pursuant to the policy and practice of the Will County Sheriff’s Department, County of Will, and Will County Adult Detention Facility:
As a matter of both policy and practice, the Defendants failed to adequately train, supervise and control its officers, such that its failure to do manifested deliberate indifference;
ii. As a matter of both policy and practice, the Defendants facilitated this very type of misconduct, thereby leading the Will County deputies to believe their actions will never be scrutinized and, in that way, directly encouraging future abuses such as those affecting the Plaintiff;
nl. Generally, as a matter of widespread practice so prevalent as to compromise municipal policy, deputies of Wilt County abuse prisoners in a manner similar to that alleged by the Plaintiff in this count on a frequent basis;
iv. Policy makers are aware of (and condone and facilitate by their inaction) a "code of silence" in the Will County Sheriff’s Department by which officers fail to report misconduct committed by other officers, such as the misconduct at issue in this case;
The Defendants have failed to act to remedy the patterns of abuse described in the preceding subparagraphs, despite actual knowledge of the same, thereby causing the type of injuries alleged here.
31. That as a direct and proximate result of the above described unlawful detention; the Plaintiff incurred personal, costs of defending a criminal action and emotional stress.
WHEREFORE, the Plaintiff, ANTONIO VIEYRA, prays that this Honorable Court enter .judgment against the Defendants, County of Will, Wilt County Adult Detention Facility, and Paul J. Kaupas in the amount of $250,000 for compensatory damages, plus costs and attorney’s fees and Paul J. Kaupas, individually, and Steven
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Brooks in the anaount of $250,000 for compensatory damages, $500,000.00 for punitive damages, plus costs and attorney’s fees.
COUNT II MALICIOUS PROSECUTION
1-20. That the Plaintiffre-alleges and incorporates paragraphs 1 through 20 of COUNT 1 as paragraph t through 20 of COUNT II as though set forth herein in haec verba.
21. That the Plaimiffproceeded to trial for the above related offense and associated case number 04 CF 517 on July 13, 2004.
22. That the Plaintiff was found not guilty on all matters presented to the jury.
23. That under information and belief, prior to testifying, Defendant Steven Brooks informed the prosecuting attorney that he could not say that the physical contact between the Plaintiff and himself was done intentionally and that it could have been done by accident.
24. That the Plaintiff was detained in the Will County Adult Detention Facility while this charge was pending and was subjected to isolation.
25. That the prosecution violated Plaintiff’s right to Due Process under the Fourteenth Amendment to the United States Constitution.
26. That the Plaintiff’ s prosecution deprived the Plaintiff of his rights, privileges and immunities in violation of Title 42, Chapter 21 Subsection 1, Section 1983 of the United States Constitution.
27. That the Defendant, County of Wilt, knew or should have known that Defendant, Steven Brooks, violated the rights of those whom it effectuates arrests without a proper basis, including the Plaintiff.
28. That Plaimiff was prosecuted and subjected to the humilities of being falsely accused and charged of a crime, and as a direct and proximate result of the actions and official policies of the Defendants, County of Witt, Will County Adult Detention Facility, Paul J. Kaupas, and Steven Brooks who violated the rights of the Plaintiff who they prosecuted when they knew or should have known that the circumstances surrounding the arrest of the Plaintiff were not verified as is the policy of the Defendants.
29. That the misconduct described in this count was undertaken pursuant to the policy and practice of the Will County Sheriff’ s Department, County of Will, and Witl County Adult Detention Facility:

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As a matter of both policy mad practice, the Defendants failed to adequately train, supervise and control its officers, such that its failure to do manifests deliberate indifference;
ii. As a matter of both policy and practice, the Defendants facilitate the very type of misconduct, thereby leading the Will County deputies to believe their actions will never be scrutinized and, in that way, directly encouraging future abuses such as those affecting the Plaintiff;
11I. Generally, as a matter of widespread practice so prevalent as to compromise municipal policy, deputies of Will County abuse prisoners in a manner similar to that alleged by the Plaintiff in this count on a frequent basis;
iv. Policy makers are aware of (and condone and facilitate by their inaction) a "code of silence" in the Will County Sheriff’s Department by which officers fail to report misconduct committed by other officers, such as the misconduct at issue in this case;
The Defendants have failed to act to remedy the patterns of abuse described in the preceding subparagraphs, despite actual knowledge of the same, thereby causing the type of injuries alleged here.
30. That as a direct and proximate result of the above described unlawful prosecution, the Plaintiff incurred personal injuries, costs of defending a criminal action, and emotional stress.
WHEREFORE, the Plaintiff, ANTONIO VIEYRA, prays that his Honorable Court enter judgment against the Defendants, County of Will, Will County Adult Detention Facility, and Paul J. Kaupas in the amount of $250,000 for compensatory damages, plus costs and attorney’s fees and Paul J. Kaupas, individually and Steven Brooks in the amount of $250,000 for compensatory damages, $500,000.00 for punitive damages, plus costs and attorney’s fees.
COUNT Ill BATTERY
1-13. That the Plaintiff re-alleges and incorporates paragraphs 1 through 13 of COUNT 1 as paragraph 1 through 13 of COUNT III as though set forth herein in haee verba.
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14. That Defendant, Steven Brooks, opened up Cell 4 and struck the Plaintiff with a closed fist in his face.
15. That the Plaintiff was placed under arrest and subsequently charged with aggravated battery and resisting a peace officer under the claim that the Plaintiff head-butted the Defendant, Steven Brooks, in the mouth.
16. That at the time the Defendant, Steven Brooks, struck the Plaintiff it was without any legal justification or provocation.
17. That the Plaintiff was detained in the Will County Adult Detention Facility while this charge was pending and was subjected to isolation.
18. That at all times material, the battery on Plaintiff and subsequent filing of false information as the basis of the criminal complaint was premised on an unwritten policy and custom of the Will County Sheriff’s Department and Will County Adult Detention Facility, divisions of County of Will.
19. That the criminal complaint was initiated pursuant to the aforementioned unwritten policy and its overall purpose to keep the Plaintiff in custody facing additional criminal charges and to validate the inappropriate actions of abuse by Defendant Steven Brooks.
20. That said policy of enforcing physical assaults to cover up inappropriate and abusive conduct towards prisoners incarcerated at the Wilt County Adult Detention Facility was a deliberate act by the Defendant, Steven Brooks.
21. That the Defendants, County of Will, Will County Adult Detention Facility, and Paul J. Kaupas failed to act/or take serious action as to prevent such actions to protect inmates, and in particular the Plaintiff.
22. That the Defendants, County of Will, Will County Adult Detention Facility, and Paul J. Kaupas are in violation of implemented directives regarding Excessive Force, Official Misconduct, Abuse and Discrimination.
23. That the Defendants through their widespread misconduct, including the use of physical force, falsifying of police reports and criminal complaints, have caused the violation of Plaintiff’s Constitutional rights.
24. That the Plaintiff’s physical abuse by the Defendants, violated Plaintiff’s right to Due Process under the Fourteenth Amendment of the United States Constitution.
25. That the Plaintiff’s physical abuse by the Defendant, deprived the Plaintiff of his rights, privileges and immunities in violation of Title 42, Chapter 21, Subchapter I, Section 1983 of the United States Code.

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26. That the Defendant, County of Wilt, knew or should have known that Defendants, Will County Adult Detention Facility, Paul J. Kaupas and Steven Brooks violated the rights of those of whom they physically assault, including the Plaintiff.
27. That the Defendants, County of Will, Will County Adult Detention Facility, and Paul J. Kaupas, have failed to investigate, discipline, reprimand or instruct their officers in anyway for and because of malicious and unconstitutional actions of their officers, thus evincing a policy, practice and custom of encouraging and condoning such acts.
28. That the Plaintiff was physically assaulted without any lawful justification and caused the Plaintiff to be deprived of his rights secured by the Fourth and Fourteenth Amendments to the Constitution of the United States.
29. That Plaintiff was caused injuries as a direct and proximate result of the official polices of the Cotmty of Will, Will County Adult Detention Facility and Paul J. Kaupas and/or the deliberate indifference of Defendants.
30. That the misconduct described in this count was undertaken pursuant to the policy and practice of the Will County Sheriff’s Department, County of Will, and Wilt County Adult Detention Facility:
vi. As a matter of both policy and practice, the Defendants failed to adequately train, supervise and control its officers, such that it failure to do manifested deliberate indifference;
vii. As a matter of both policy and practice, the Defendants facilitated the very type of misconduct, thereby leading the Will County deputies to believe their actions will never be scrutinized and, in that way, directly encouraging future abuses such as those affecting the Plaintiff;
Vlll. Generally, as a matter of widespread practice so prevalent as to compromise municipal policy, deputies of Will County abuse prisoners in a manner similar to that alleged by the Plaintiff in this count on a frequent basis;
ix. Policy makers are aware of (and condone and facilitate by their inaction) a "code of silence" in the Will County Sheriff’s Department by which officers fail to report misconduct committed by other officers, such as the misconduct at issue in this case;
The Defendants have failed to act to remedy the patterns of abuse described in the preceding subparagraphs, despite actual knowledge of the same, thereby causing the type of injuries alleged here.

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32. That as a direct and proximate result of the above described unlawful battery, the Plaintiff incurred personal injury and emotional stress.
WHEREFORE, the Plaintiff, .ANTONIO VIEYRA, prays that this Honorable Court enter judgment against the Defendants, County of Will, Will County Adult Detention Facility, and Paul J. Kaupas in the amount of $250,000 for compensatory damages, plus costs and attorney’s fees and Paul J. Kaupas, individually, and Steven Brooks in the amount of $250,000 for compensatory damages, $500,000.00 for punitive damages, plus costs and attorney’s fees.
COUNT IV INTENTIONAL INFLICTION OF
EMOTIONAL DISTRESS
1-20. That the Plaintiffre-alleges and incorporates paragraphs 1 through 20 of COUNT 1 as paragraph 1 through 20 of COUNT IV as though set forth herein in haec verba.
21. That actions of the Defendants were extreme and outrageous, was done intentionally, willful and wantonly, and/or knowingly there was a high probability that their conduct would cause the Plaintiff severe emotional distress.
22. That as a direct and proximate cause of the Defendants’ extreme and outrageous conduct, the Plaintiff suffered injury and severe emotional distress.
23. That the Defendants through their widespread misconduct, including the use of excessive force, falsifying of police reports and criminal complaints, have caused the violation of Plaintiff’s Constitutional rights.
24. That the Plaintiff was detained by the Defendants for the offenses of aggravated battery and resisting a peace officer.
25. That the Plaintiff’s detention, physical abuse and subsequent prosecution by the Defendants causing mental distress violated Plaintiff’s right to Due Process under the Fourteenth Amendment of the United States Constitution.
26. That the Plaintiff’ s detention, physical abuse and subsequent prosecution by the Defendants causing mental distress, deprived the Plaintiff of his rights, privileges and immunities in violation of Title 42, Chapter 21, Subchapter I, Section 1983 of the United States Code.
27. That the Defendant County of Will knew or should have known that Defendants, Will County Adult Detention Facility, Paul J. Kaupas, and Steven Brooks
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violated the rights of those of whom they detain, physically abuse and subsequent prosecution including the Plaintiff.
28. That the Defendants, County of Will, Will County Adult Detention Facility, and Paul J. Kaupas, have failed to investigate, discipline, reprimand or instruct their officers in any way for and because of malicious and unconstitutional actions of their officers, thus evincing a policy, practice and custom of encouraging and condoning such acts.
29. That the Plaintiff’s detention, physical abuse and being subjected to a criminal prosecution was without any lawful process or justification which caused the Plaintiff to be deprived of his rights secured by the Fourth and Fourteenth Amendments to the Constitution of the United States.
30. That Plaintiff’s detention, physical abuse and being subjected to a criminal prosecution caused him mental anguish as a direct and proximate result of the official polices of the Cotmty of Will, Will County Adult Detention Facility, and Paul J. Kaupas and/or the deliberate indifference of the Defendants.
31. That the misconduct described in this count was undertaken pursuant to the policy and practice of the Will County Sheriff’s Department, County of Will, and Will County Adult Detention Facility:
xi. As a matter of both policy and practice, the Defendants failed to adequately train, supervise and control its officers, such that it failure to do manifested deliberate indifference;
xii. As a matter of both policy and practice, the Defendants facilitated the very type of misconduct, thereby leading the Will County deputies to believe their actions will never be scrutinized and, in that way, directly encouraging future abuses such as those affecting the Plaintiff;
xiii. Generally, as a matter of widespread practice so prevalent as to compromise municipal policy, deputies of Will County abuse prisoners in a manner similar to that alleged by the Plaintiff in this count on a frequent basis;
xiv. Policymakers are aware of (and condone and facilitate by their inaction) a "code of silence" in the Will County Sheriff’s Department by which officers fail to report misconduct committed by other officers, such as the misconduct at issue in this case;
XV. The Defendants have failed to act to remedy the pattems of abuse described in the preceding subparagraphs, despite actual knowledge of the same, thereby causing the type of injuries alleged here.
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33. That as a direct and proximate result of the above described unlawful detention, the Plaintiff incurred personal injury, costs of defending a criminal action, and emotional stress.
WHEREFORE, the Plaintiff, ANTONIO VIEYRA, prays that this Honorable Court enter judgment against the Defendants, County of Will, Will County Adult Detention Facility, and Paul J. Kaupas in the amount of $250,000 for compensatory damages, plus costs and attorney’s fees and Paul J. Kaupas, individually and Steven Brooks in the amount of $250,000 for compensatory damages, $500,000.00 for punitive damages, plus costs and attorney’s fees.
Respectfully submitted,
CHUCK BRETZ and ASSOCIATES, P.C.
COSMO J. TEDONE One of the Attorneys for Plaintiff, CHUCK BRETZ and ASSOCIATES, P.C.
CHUCK BRETZ and Associates, P.C. Attorney for Plaintiff 58 N. Chicago Street, 2nd Floor Joliet, Illinois 60432 ARDC # 6270711 (815)740-1545
1t

 </s> IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

ANTONIO VIEYRA Plaintiff, -vs-
COUNTY OF WILL, etc. et a!., Defendants.

) ) )
) No. 05 CV 1904
)
) (Judge Coar)
) ) )

AUG 2 .. 2005
~udge David H. Coar. United States District Court

THIRD AMENDED COMPLAINT

Pursuant to leave of Court, plaintiff files this third amended complaint and, by counsel, alleges as follows:

1. This is a civil action arising under 42 U.S.c. §1983. The jurisdiction of this Court is conferred by 28 U.S.C. §1343 and 28 U.S.c. §1367.

2. Plaintiff Antonio Vieyra is a resident of the Northern District of Illinois.

3. Defendants Sheriff of Will County and Will County, Illinois are joined in this action pursuant to Carver v. Sheriff of LaSalle County, 324 F.3d 947 (7th Cir. 2003). Plaintiff does not assert any federal claim against these defendants.

4. Defendant Steven Brooks was at all times relevant acting as a correctional officer, employed by defendant Sheriff of Will County, at the Will County Adult Detention Facility.

5. On April 8, 2004, while plaintiff was a pre-trial detainee at the Will County Adult Detention Facility, defendant Steven Brooks, while acting under color of his authority as a correctional officer, subjected plaintiff to

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the excessive and unreasonable use of force, causing plaintiff to receive personal injuries.
6. Thereafter, Brooks caused plaintiff to be wrongfully charged with a criminal offense. The resulting criminal prosecution was resolved in favor of plaintiff in a manner indicative of his innocence within one year of the filing of this lawsuit.
7. As the direct and proximate result of the above described acts, plaintiff was deprived of rights secured by the Fourteenth Amendment to the Constitution of the United States and subjected to the Illinois tort of malicious prosecution, for which the Sheriff of Will County is liable under the doctrine of respondeat superior.
8. Plaintiff hereby demands trial by jury.
Wherefore plaintiff requests that judgment be entered in his favor in the amount of one hundred thousand dollars as compensatory damages and, against defendant Brooks only, in the amount of twenty five thousand dollars as punitive damages, and that the Court grant whatsoever other relief as may be appropriate, including an award of fees and costs.
KENNETH N. FLAXMAN 200 South Michigan Avenue Suite 1240 Chicago, Illinois 60604-2430 (312) 427-3200 an attorney for plaintiff

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CLOSED, DENLOW, PROTO
United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago)
CIVIL DOCKET FOR CASE #: 1:05-cv-01904

Vieyra v. City of Joliet et al Assigned to: Honorable David H. Coar Cause: 28:1331 Federal Question: Other Civil Rights

Date Filed: 04/01/2005 Date Terminated: 07/17/2006 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff Antonio Vieyra

represented by Cosmo J Tedone Chuck Bretz, P.C. 58 North Chicago 2nd Floor Joliet, IL 60432 (815)740-1545 Email: ctedone@bretzlawoffice.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kenneth N Flaxman Kenneth N. Flaxman, P.C. 200 South Michigan Avenue Suite 1240 Chicago, IL 60604-6107 (312) 427-3200 Email: knf@kenlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles L. Bretz Chuck Bretz & Associates, P.C. 58 North Chicago Street 2nd Floor Joliet, IL 60432 (815) 740-1545 Email: cbretz@bretzlawoffice.com ATTORNEY TO BE NOTICED

Erin Webster O'Sullivan Chuck Bretz, P.C. 58 North Chicago 400 Joliet, IL 60432 (815)740-1545 Email: eosullivan@bretzlawoffice.com

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V.
Defendant County of Will a not-for-profit Illinois Corporation

ATTORNEY TO BE NOTICED
represented by Gerald Haberkorn Lowis & Gellen 200 West Adams Suite 1900 Chicago, IL 60606 (312) 364-2500 Email: geraldh@lowis-gellen.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martin W. McManaman Lowis & Gellen 200 West Adams Suite 1900 Chicago, IL 60606 (312) 364-2500 Email: martym@lowis-gellen.com ATTORNEY TO BE NOTICED
Michelle Katherine Wendlinger Lowis & Gellen 200 West Adams Suite 1900 Chicago, IL 60606 (312) 364-2500 Email: mwendlinger@lowis-gellen.com ATTORNEY TO BE NOTICED
Patrick R Moran Lowis & Gellen 200 West Adams Suite 1900 Chicago, IL 60606 (312) 364-2500 Email: pmoran@lowis-gellen.com ATTORNEY TO BE NOTICED
Robert Hill Smeltzer Lowis & Gellen 200 West Adams Suite 1900 Chicago, IL 60606 (312) 364-2500 Email: rsmeltzer@lowis-gellen.com ATTORNEY TO BE NOTICED

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Defendant Office of the States's Attorney of Will County Illinois TERMINATED: 05/18/2005
Defendant Will County Adult Detention Facility TERMINATED: 07/20/2005
Defendant Paul J Kaupas individually, and as Sheriff of Will County

represented by Gerald Haberkorn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martin W. McManaman (See above for address) ATTORNEY TO BE NOTICED
Michelle Katherine Wendlinger (See above for address) ATTORNEY TO BE NOTICED
Patrick R Moran (See above for address) ATTORNEY TO BE NOTICED
Robert Hill Smeltzer (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Haberkorn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martin W. McManaman (See above for address) ATTORNEY TO BE NOTICED
Michelle Katherine Wendlinger (See above for address) ATTORNEY TO BE NOTICED
Patrick R Moran (See above for address) ATTORNEY TO BE NOTICED
Robert Hill Smeltzer (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Haberkorn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Defendant Steven Brooks

Martin W. McManaman (See above for address) ATTORNEY TO BE NOTICED
Michelle Katherine Wendlinger (See above for address) ATTORNEY TO BE NOTICED
Patrick R Moran (See above for address) ATTORNEY TO BE NOTICED
Robert Hill Smeltzer (See above for address) ATTORNEY TO BE NOTICED
represented by Gerald Haberkorn (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Martin W. McManaman (See above for address) ATTORNEY TO BE NOTICED
Michelle Katherine Wendlinger (See above for address) ATTORNEY TO BE NOTICED
Patrick R Moran (See above for address) ATTORNEY TO BE NOTICED
Robert Hill Smeltzer (See above for address) ATTORNEY TO BE NOTICED

Date Filed
04/01/2005 04/01/2005 04/01/2005

#

Docket Text

1 COMPLAINT filed by Antonio Vieyra; Jury Demand.(cdy, ) (Entered: 04/04/2005)
2 CIVIL Cover Sheet. (cdy, ) (Entered: 04/04/2005)
3 ATTORNEY appearance for plaintiff Antonio Vieyra by Cosmo J Tedone. (cdy, ) (Entered: 04/04/2005)

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04/04/2005 04/22/2005 04/22/2005
04/22/2005
04/28/2005
05/05/2005
05/05/2005 05/12/2005 05/12/2005 05/12/2005 05/12/2005 05/12/2005 05/12/2005
05/18/2005

5 SUMMONS issued as to defendants City of Joliet, Jeffrey German. (cdy, ) (Entered: 04/04/2005)
6 MOTION by Defendants for an enlargement of time to file a responsive pleading or motion 1 (gma, ) (Entered: 04/26/2005)
7 NOTICE of Motion by Martin W. McManaman for presentment of MOTION by Defendants for an enlargement of time to file a responsive pleading or motion 6 before Honorable David H. Coar on 4/28/2005 at 09:00 AM. (gma, ) (Entered: 04/26/2005)
8 ATTORNEY Appearance for Defendants County of Will, Office of the States's Attorney of Will County Illinois, Will County Adult Detention Facility, Paul J Kaupas, Steven Brooks by Michelle Katherine Ross, Martin W. McManaman, Robert Hill Smeltzer, Gerald Haberkorn (lxs, ) (Entered: 04/26/2005)
11 MINUTE entry before Judge David H. Coar :The defedants' motion for an enlargement of time to file a responsive pleading or motion came before the Court on 4/28/2005, the movant failed to appear, the Motion for enlargement 6 is stricken. Mailed notice (pm, ) (Entered: 05/06/2005)
9 AMENDED MOTION by Defendants County of Will, Will County Sheriff's Office, Will County State's Attorney, Will County Adult Detention Facility, Paul J Kaupas and Steven Brooks for an enlargement of time to file a responsive pleading or motion. (cem, ) (Entered: 05/06/2005)
10 NOTICE of Motion by all defendants for presentment of amended motion for an enlargement of time to file a responsive pleading or motion 9 before Honorable David H. Coar on 5/12/2005 at 09:00 AM. (cem, ) (Entered: 05/06/2005)
12 SUMMONS Returned Executed by Antonio Vieyra as to County of Will on 4/6/2005, answer due 4/26/2005; Notice. (lcw, ) (Entered: 05/16/2005)
13 SUMMONS Returned Executed by Antonio Vieyra as to Office of the States's Attorney of Will County Illinois on 4/6/2005, answer due 4/26/2005. (lcw, ) (Entered: 05/16/2005)
14 SUMMONS Returned Executed by Antonio Vieyra as to Paul J Kaupas on 4/5/2005, answer due 4/25/2005. (lcw, ) (Entered: 05/16/2005)
15 SUMMONS Returned Executed by Antonio Vieyra as to Steven Brooks on 4/6/2005, answer due 4/26/2005. (lcw, ) (Entered: 05/16/2005)
16 ATTORNEY Appearance for plaintiff Antonio Vieyra by Erin Webster O'Sullivan, Charles L. Bretz. (lcw, ) (Entered: 05/16/2005)
17 MINUTE entry before Judge David H. Coar : Motion hearing held on 5/12/2005 regarding motion for extension of time to file answer, 9. Defendants' Amended Motion for an enlargement of time to file a responsive pleading or motion 9 is granted, defendant to answer or plead on or before May 20, 2005. Motion for extension of time to file answer, motion for relief6 is moot and terminated. Mailed notice (pm, ) (Entered: 05/17/2005)
18 AMENDED complaint by Antonio Vieyra against County of Will, Will County Adult Detention Facility, Paul J Kaupas, Steven Brooks and terminating Office of

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06/07/2005 06/07/2005 06/07/2005 06/07/2005 06/08/2005
06/14/2005 06/14/2005 06/29/2005 06/29/2005 07/20/2005
07/20/2005 07/28/2005

the States's Attorney of Will County Illinois; Notice.(air, ) Modified on 5/23/2005 (air, ). (Entered: 05/23/2005)
19 MOTION by Defendants to dismiss plaintiff's complaint pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(1) (gma, ) (Entered: 06/07/2005)
20 NOTICE of Motion by defendants for presentment of MOTION by Defendants to dismiss plaintiff's complaint pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(1) 19 before Honorable David H. Coar on 6/14/2005 at 09:00 AM. (gma, ) (Entered: 06/07/2005)
21 MEMORANDUM OF LAW by defendants in support of MOTION by Defendants to dismiss plaintiff's complaint pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(1) 19 (gma, ) (Entered: 06/07/2005)
23 ATTORNEY Appearance for defendants by Patrick R Moran ; Notice. (lcw, ) (Entered: 06/13/2005)
22 MINUTE entry before Judge David H. Coar : Rule 16(b) Scheduling Conference set for July 28, 2005 at 9:00 a.m. Report of Planning Conference pursuant to Rule 26(f) and Proposed scheduling order pursuant to Rule 16(b) to be filed in chambers. (Forms of report of planning conference and proposed scheduling order are available on the Court's web page or in chambers ) Judicial staff mailed notice (dl, ) (Entered: 06/08/2005)
24 MINUTE entry before Judge David H. Coar : Motion hearing held on 6/14/2005 regarding motion to dismiss19.Briefing schedule as to motion to dismiss is set as follows: Response due by 7/6/2005; Reply due by 7/21/2005; motion taken under advisement. No notice, advised in open court. (tlp, ) (Entered: 06/14/2005)
Motions Taken Under Advisement: MOTION by Defendants County of Will, Will County Adult Detention Facility, Paul J Kaupas, Steven Brooks to dismiss19 (tlp, ) (Entered: 06/14/2005)
25 MOTION by Plaintiff for leave to file second amended complaint at law (Attachments: # 1 Second Amended Complaint)(gma, ) (Entered: 06/29/2005)
26 NOTICE of Motion by Cosmo J Tedone for presentment of MOTION by Plaintiff for leave to file second amended complaint at law 25 before Honorable David H. Coar on 7/20/2005 at 09:00 AM. (gma, ) (Entered: 06/29/2005)
27 MINUTE entry before Judge David H. Coar : Motion hearing held on 7/20/2005 regarding motion for leave to file25. Plaintiff's Motion for leave to file 25 2nd amended complaint is granted. Defendants are given to August 18, 2005 to answer or plead to the 2nd amended complaint. No notice (pm, ) (Entered: 07/21/2005)
28 SECOND AMENDED Complaint by plaintiff Antonio Vieyra against defendants County of Will, Paul J Kaupas, Steven Brooks and terminating Will County Adult Detention Facility.(lcw, ) (Entered: 07/22/2005)
29 MINUTE entry before Judge David H. Coar : This matter came before the Court on 7/28/2005 for the Rule 16(b) Scheduling Conference and no one appeared Rule 16(b) Scheduling Conference re-set for 8/30/2005 at 09:00 AM. Mailed notice (pm, ) (Entered: 08/11/2005)

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08/18/2005 08/18/2005 08/24/2005
08/24/2005 08/24/2005 08/30/2005
09/14/2005 09/14/2005 09/21/2005 10/12/2005 10/12/2005

30 MOTION by defendants to dismiss plaintiff's second amended complaint. (lcw, ) (Entered: 08/19/2005)
31 NOTICE of Motion by defendants for presentment of motion to dismiss 30 before Honorable David H. Coar on 8/24/2005 at 09:00 AM. (lcw, ) (Entered: 08/19/2005)
32 MINUTE entry before Judge David H. Coar: Motion hearing held. Oral motion of plaintiff for leave to file additional appearance and to file third amended complaint is granted. Leave granted Kenneth N. Flaxman to file additional appearance on behalf of plaintiff. Leave granted to file a third amended complaint instanter. 30 Defendant's motion to dismiss is moot and terminated. Mailed notice (lcw, ) (Entered: 08/25/2005)
33 ATTORNEY Appearance for Plaintiff Antonio Vieyra by Kenneth N Flaxman. (lcw, ) (Entered: 08/25/2005)
34 THIRD AMENDED Complaint by Antonio Vieyra against all defendant.s (lcw, ) (Entered: 08/25/2005)
35 MINUTE entry before Judge David H. Coar :Rule 16(b) Scheduling Conference held on 8/30/2005. All disclosures required by Rule 26(a)(1) Shall be made on or before 9/14/2005. Any amendments to pleadings or actions to join other parties shall be filed on or before 9/30/2005. Discovery is ordered closed on 3/1/2006. The parties shall disclose expert testimony pursuant to Rule 26(a)(2) on or before 12/21/2005 as to plainitiff and 1/18/2006 as to defendant. The parties do not contemplate rebutal expert testimony. Dispositive motions with supporting memoranda due by 4/3/2006 (all motions are to be in accordance to and noticed for a date certain pursuant to Local Rule 5.3(b)). Final Pretrial Order due by 7/18/2006. Final Pretrial Conference set for 7/28/2006 at 11:00 AM. Jury Trial will commence on Monday 8/21/2006 and not Tuesday 8/22/2006 as stated in open Court - Trial set for 8/21/2006 at 10:00 AM. The parties are directed to review this Court's standing orders. Copies are available in chambers or through the Court's web page. Mailed notice (pm, ) (Entered: 08/30/2005)
36 MOTION by Defendants County of Will, Steven Brooks to dismiss plaintiff's third amended complaint. (vcf, ) (Entered: 09/15/2005)
37 NOTICE of Motion by County of Will, Steven Brooks for presentment of motion to dismiss plaintiff's third amended complaint36 before Honorable David H. Coar on 9/21/2005 at 09:00 AM. (vcf, ) (Entered: 09/15/2005)
38 MINUTE entry before Judge David H. Coar :Motion hearing held on 9/21/2005 regarding motion to dismiss36. For the reasons stated on the record, The Defendants' Motion to dismiss 36Plaintiff's THird Amended Complaint is denied. Defendants to answer the third amended complaint within 20 days of 9/21/05. no notice - advised in open court (pm, ) (Entered: 09/27/2005)
39 ANSWER to amended complaint by County of Will, Will County Adult Detention Facility, Steven Brooks(McManaman, Martin) (Entered: 10/12/2005)
40 NOTICE by County of Will, Steven Brooks re answer to amended complaint39 (McManaman, Martin) (Entered: 10/12/2005)

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01/18/2006 01/18/2006 01/18/2006 01/25/2006
01/27/2006 06/08/2006 06/08/2006 06/12/2006 06/12/2006 06/13/2006
07/17/2006

41 MOTION by Defendants County of Will, Steven Brooks for protective order (Qualified) (Attachments: # 1)(Moran, Patrick) (Entered: 01/18/2006)
42 MOTION by Defendants County of Will, Steven Brooks Leave to Take Plaintiff's Deposition (Moran, Patrick) (Entered: 01/18/2006)
43 NOTICE of Motion by Patrick R Moran for presentment of motion for miscellaneous relief42, motion for protective order41 before Honorable David H. Coar on 1/26/2006 at 09:00 AM. (Moran, Patrick) (Entered: 01/18/2006)
44 MINUTE entry before Judge David H. Coar : Motion hearing held on 1/26/06 regarding 42 and 42. Defendants' motion 41 for qualified protective order and defendant's motion for leave to take plaintiff's deposition is granted as agreed by the parties. Enter qualified protective order. The parties are advised to adhere and follow Local Rule 5.8 when filing documents under seal pursuant to this protective order. Further, Local Rule 26.2 (and in particular 26.2(e)) shall apply unless otherwise ordered by this court. Absent a motion from a party, sealed documents will be placed in the public record after closing of the case as stated in L.R. 26.2(e). Mailed notice (lcw, ) (Entered: 01/31/2006)
45 QUALIFIED PROTECTIVE Order Signed by Judge David H. Coar on 1/27/2006.(lcw, ) (Entered: 01/31/2006)
46 MOTION by Defendants County of Will, Paul J Kaupas, Steven Brooks to amend/correct Answer and Affirmative Defense (Attachments: # 1)(Moran, Patrick) (Entered: 06/08/2006)
47 NOTICE of Motion by Patrick R Moran for presentment of motion to amend/correct46 before Honorable David H. Coar on 6/14/2006 at 09:00 AM. (Moran, Patrick) (Entered: 06/08/2006)
48 AMENDED Answer by Defendants County of Will, Paul J Kaupas, Steven Brooks to Third amended complaint34 (Moran, Patrick) (Entered: 06/12/2006)
49 NOTICE by all defendants re amended answer to complaint48 (Moran, Patrick) (Entered: 06/12/2006)
50 MINUTE entry before Judge David H. Coar :Pursuant to telephonic notice on 6/12/2006 from the attorney for the Movant, Pat Moran, the Motion to amend/correct 46 is withdrawn. No one should appear on 6/14/2006 on the noticed motion date. Telephone notice (pm, ) (Entered: 06/13/2006)
51 ORDER Dismissing Case, Motions terminated: Pursuant to e-mail notification from Kenneth Flaxman, attorney for the plaintiff, this case is settled. This action is dismissed with leave to reinstate on or before August 30, 2006. The final pretrial conference and the Trail are stricken. Any pending motions are moot and terminated. Civil case terminated. by Judge David H. Coar on 7/17/2006:(pm, ) (Entered: 08/02/2006)

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[CONTENT] April 1, 2005 | 42 | 1983 | Will County | a Will County Sheriff | the United States | District Court | the Northern District | Eastern Division ||| Will County | Fourth Amendment |||  |||  |||  ||| Court | David Coar | July 17, 2006 | Court |||  [SUMMARY] On April 1, 2005, a pretrial detainee filed this 42 U.S.C. § 1983 action against Will County and a Will County Sheriff in the United States District Court for the Northern District of Illinois, Eastern Division. The plaintiff, represented by private counsel, asked the court for damages, claiming that the police and prosecutors of Will County had fabricated charges against him in order to extend his detention, violating his Fourth Amendment rights, and constituting malicious prosecution, false imprisonment, battery, and intentional infliction of emotional distress. Specifically, the plaintiff claimed that a Will County Sheriff had entered his cell while the plaintiff was detained here, and struck him in the face without provocation. Defendants countered with a claim against the plaintiff for aggravated battery. The plaintiff was successful in defending against the aggravated battery charge at trial, and filed this action.

The Court (Judge David Coar) entered an order on July 17, 2006 dismissing the case because the plaintiff had informed the Court that the case had been settled. We have no further information about this case.

