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Plaintiff,
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v.
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ESTATE OF CHARLES JOSEPH
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GLINIEWICZ; THE VILLAGE OF
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FOX LAKE; MAYOR DONNY
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SCHMIT; and Former POLICE CHIEF )
MICHAEL BEHAN
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Defendants.
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NO.
COMPLAINT AT LAW
NOW COMES the Plaintiff, VERNON RANDOLPH, III, by and through his
attorneys, OCONNOR LAW FIRM, LTD., and alleges the following against the
ESTATE OF CHARLES JOSEPH GLINIEWICZ (hereinafter GLINIEWICZ), THE
VILLAGE OF FOX LAKE (hereinafter FOX LAKE) ; MAYOR DONNY SCHMIT
(hereinafter MAYOR SCHMIT)., and former POLICE CHIEF MICHAEL BEHAN
(hereinafter CHIEF BEHAN) for the reasons set forth below:
JURISDICTION
1.
The jurisdiction of the court is invoked pursuant to the Civil Rights Act of
1871, 42 U.S.C. 1983; the Judicial Code, 28 U.S.C. 1331, 1343, and 1391(b); the
Constitution of the United States; and this Courts supplementary jurisdiction powers
pursuant to 28 U.S.C. 1367.
2.
this complaint occurred in the Village of Fox Lake, Illinois. Accordingly, venue is
proper in the United States District Court for the Northern District of Illinois pursuant to
28 U.S.C. 1391.
JURY DEMAND
PLAINTIFF demands trial by jury.
PARTIES
3.
United States.
5.
Fox Lake Police Department and acting on behalf of THE VILLAGE OF FOX LAKE.
6.
color of state law, ordinance and/or regulation, statutes, custom and usages of the
VILLAGE OF FOX LAKE and the State of Illinois. At all relevant times, GLINIEWICZ
was acting under color of state law in his official capacity and in his individual capacity.
7.
CHIEF BEHAN was at all times relevant hereto employed by and acting on
MAYOR SCHMIT was at all times relevant hereto employed by and acting on
DONNY SCHMIT were acting under color of state law, ordinance and/or regulation,
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statutes, custom and usages of THE VILLAGE OF FOX LAKE and the State of Illinois.
At all relevant times, CHIEF BEHAN and MAYOR DONNY SCHMIT were acting
under color of state law in their official capacity and in their individual capacities
FACTUAL SUMMARY
10.
his residence at 131 Forest Avenue, Fox Lake, IL from dropping off his academic
transcripts at McHenry County College so he could remain eligible to play basketball.
12.
Plaintiff was in front of his residence when GLINIEWICZ pulled him over
without reasonable belief that Plaintiff had engaged in or was about to engage in criminal
activity and proceeded to perform an illegal search on his vehicle. At such time, he
dumped out Plaintiffs backpack and asked him where the drugs were. Plaintiff
informed GLINIEWICZ that he did not have any drugs.
13.
When GLINIWEICZ did not locate any drugs, he asked Plaintiff who he knew
that had drugs and told him that he better give him a name. At that time, Plaintiff
informed GLINIEWICZ that he did not know anyone that had drugs.
14.
make something happen for him, he would make something happen to him and that
he would be watching him.
15.
Approximately two weeks later plaintiff was at a gas station near his residence
when GLINIWEICZ approached the Plaintiffs vehicle and again performed an illegal
search of plaintiffs vehicle asking where his drugs were and if he had gotten him any
information yet.
16.
Plaintiff informed GLINIWEICZ again that he did not know anyone with
drugs. At that time, GLINIEWICZ again threatened Plaintiff that he would make
something happen to him if he did not get him information.
17.
Over the next few months, GLINIEWICZ proceeded to harass and intimidate
Plaintiff by pulling him over and/or making hand gestures that he was watching him even
though the Plaintiff had never committed a crime and GLINIEWICZ did not have
probable cause.
18.
Illinois and he would take her to the bus stop each day.
19.
There were two white men that also took their children to this same bus stop
on a daily basis.
20.
GLINIEWICZ was frequently in the vicinity of the bus stop and aware of
Plaintiff and the other two individuals that were there regularly with their children.
21.
fictitious crime.
23.
surrounded by ATF agents with guns pointed at him and his child and was subject to
search and interrogation.
24.
Plaintiff was also subjected to a search of his home and DNA swabbing based
procedures.
28.
Count I
ILLEGAL SEARCH AND SEIZURE AGAINST THE ESTATE OF
CHARLES JOSEPH GLINIEWICZ
PURSUANT TO 42 U.S.C. 1983 AND THE FOURTH AND/OR FOURTEENTH
AMENDMENT TO THE U.S. CONSTITUTION
The Fourth Amendment prohibits police officers from conducting stops and
GLINIEWICZ, under color of the law and as a member of the Village of Fox
Lake police department , repeatedly pulled Plaintiff over and performed searches of his
vehicle without permission, reasonable suspicion of criminal activity or probable cause.
32.
GLINIEWICZ, under color of the law and as a member of the Village of Fox
Lake police department, reported a fictitious crime or criminal activity to other members
of the police department which led to unreasonable search and detention of the plaintiff
after GLINIEWICZs death.
33.
Fourteenth Amendment rights. As a direct and proximate result of the aforesaid acts of
GLINIEWICZ, violated Plaintiffs rights.
34.
suffered and will continue to suffer mental and emotional pain and suffering and mental
anguish.
35.
Count II
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AGAINST THE
ESTATE OF CHARLES JOSEPH GLINIEWICZ PURSUANT TO 42 U.S.C.
1983 AND THE FOURTH AND/OR FOURTEENTH AMENDMENT TO THE U.S.
CONSTITUTION
1.-35.
verbal threats and hand gestures, was extreme, outrageous and intended to harass and
oppress the Plaintiff.
37.
The conduct of GLINIEWICZ was a direct and proximate cause of injury and
damage to Plaintiff and violated his rights under the Fourth and/or Fourteenth amendment
to the Constitution.
39.
suffered and will continue to suffer mental and emotional pain and suffering and mental
anguish.
40.
41.
male and two white males was a fabricated story intended to frame the Plaintiff and/or
another innocent African American male for a fictitious crime and cover up his own
criminal activity and suicide.
42.
The conduct of GLINIEWICZ was a direct and proximate cause of injury and
damage to Plaintiff and violated his rights under the Fourth and/or Fourteenth amendment
to the Constitution.
43.
suffered and will continue to suffer mental and emotional pain and suffering and mental
anguish.
44.
1-44. PLAINTIFF adopts and re-alleges paragraphs 1-44 of Counts I through III of
this Complaint as paragraphs 1-44 of Count IV as though fully set forth herein.
45.
In the event that any individual defendant is found liable for their actions
Performed in the course of their employment, THE VILLAGE OF FOX LAKE must
indemnify such employee for this verdict pursuant to 745 ILCS 10/2-302.
Count V
VIOLATION OF f 42. U.S.C. 1983 RACIAL PROFILING/EQUAL
PROTECTION AGAINST THE VILLAGE OF FOX LAKE
suspect class and was singled out due to his race and subject to Police Harassment,
intimidation and illegal search and seizures due to his race in violation of the Equal
Protection clause of the United States Constitution.
COUNT VI
VIOLATION OF f 42. U.S.C. 1983 - MONELL CLAIM AGAINST THE
DEFENDANTS, THE VILLAGE OF FOX LAKE, MAYOR DONNY SCHMIT
AND THE POLICE CHIEF MICHAEL BEHAN
This count is brought pursuant to the 42. U.S.C. 1983 and the Constitution of
and former POLICE CHIEF MICHAEL BEHAN had knowledge of a pattern and
practice of misconduct, violation of department policy, rules, regulations and procedures.
49.
and former POLICE CHIEF MICHAEL BEHAN, perpetuated, tolerated and fostered the
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and former POLICE CHIEF MICHAEL BEHANs acceptance of the pattern and practice
of GLINIEWICZs misconduct and violation of department policy, rules, regulations and
procedures created a practice, although not written or express municipal policy, so
widespread, permanent and settled that it constituted an acceptance and custom or usage
within the Village of Fox Lake Police Department.
COUNT VI
VIOLATION OF 42. U.S.C. 1983 NEGLIGENT SUPERVISION,
TRAINING AND RETENTION AGAINST DEFENDANTS, THE
VILLAGE OF FOX LAKE, MAYOR DONNY SCHMIT AND THE
FORMER POLICE CHIEF MICHAEL BEHAN
1-50 Plaintiff adopts and re-alleges paragraphs 1-50 of Counts I through V as
paragraphs 1-50 of Count VI as though fully set forth herein.
51.
POLICE CHIEF MICHAEL BEHAN owed a duty of care to hire only qualified
employees for the tasks they were assigned train them properly in the performance of
their duties and provide proper supervision and guidance to their employees in their
assigned duties.
52.
53.
wrote an open letter to the Mayor of the VILLAGE OF FOX LAKE outlining the
misconduct of GLINIEWICZ which evidenced Former POLICE CHIEF MICHAEL
BEHANs knowledge of this misconduct and indifference and lack of corrective action.
54.
VILLAGE OF FOX LAKE, MAYOR DONNY SCHMIT and the former POLICE
CHIEF MICHAEL BEHAN breached their duty to train, supervise and retain only
qualified officers.
55.
Respectfully Submitted,
/s/ Kevin OConnor
Attorney for Plaintiff
Dated: 11/13/15
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Kevin OConnor
OConnor Law Firm, Ltd.
19 S. LaSalle, Suite 1400
Chicago, IL 60603
312-906-7609
312-906-7615
ARDC #6216627
koconnor@koconnorlaw.com
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