Case: 1:16-cv-07935 Document #: 1 Filed: 08/08/16 Page 1 of 6 PageID #:1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

JASMINE WILEY, ]
]
Plaintiff, ]
]
vs. ] Court No.:
]
POLICE OFFICER MICHAEL BABICZ, ] Judge
individually; and POLICE OFFICER ]
GEORGE ADAMIDIS, individually; and ] Magistrate Judge
VILLAGE OF MAYWOOD; ]
]
Defendants. ]

COMPLAINT AT LAW

NOW COMES the Plaintiff, JASMINE WILEY, by and through her attorney, David

S. Lipschultz of GOLDBERG WEISMAN CAIRO, and in complaining against the

Defendants, Police Officer MICHAEL BABICZ, in his individual capacity, Police Officer

GEORGE ADAMIDIS, in his individual capacity, and VILLAGE OF MAYWOOD, states as

follows:

JURISDICTION AND VENUE

1. This action is brought pursuant to the United States Constitution and the

Civil Rights Act of 1871 (42 U.S.C. 1983 and 1988), and the laws of the State of Illinois,

to redress deprivations of the civil rights of the Plaintiff, accomplished by acts and/or

omissions of the Defendant committed under color of law.

2. This Court has jurisdiction under and by virtue of 28 U.S.C. 1343, 1331

and 1367.

3. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391, as the

acts complained of took place in this judicial district.

[1205133/1] 1
 Case: 1:16-cv-07935 Document #: 1 Filed: 08/08/16 Page 2 of 6 PageID #:2

PARTIES

4. At all times herein mentioned, the Plaintiff, Jasmine Wiley (hereinafter

Ms. Wiley), is a United States citizen and resident of Bellwood, Illinois.

5. At all relevant times herein referenced, Police Officer Michael Babicz

(hereinafter Officer Babicz), was employed by the Village of Maywood as a sworn police

officer. He is sued in his individual capacity. At the time of the incident at issue in this

Complaint, Officer Babicz was engaged in the conduct complained of while in the scope

of his employment and under color of law.

6. At all relevant times herein referenced, Police Officer George Adamidis

(hereinafter Officer Adamidis), was employed by the Village of Maywood as a sworn

police officer. He is sued in his individual capacity. At the time of the incident at issue in

this Complaint, Officer Adamidis was engaged in the conduct complained of while in the

scope of his employment and under color of law.

7. At all times relevant herein, the Defendant, Village of Maywood, was and is

a municipal corporation duly incorporated under the laws of the State of Illinois, and is

the employer and principal of Officer Babicz and Officer Adamidis.

FACTS COMMON TO ALL COUNTS

8. On or about September 16, 2014, at approximately 6:00 p.m., Ms. Wiley was

driving near 20th Avenue and Washington Boulevard, in Maywood, Illinois.

9. Ms. Wiley was nine months pregnant at the time.

10. Without a legal basis, Officers Babicz and Adamidis stopped Ms. Wileys

vehicle, forcibly removed Ms. Wiley from her vehicle, and threw her to the ground,

causing injuries.

11. Without a legal basis, Officers Babicz and Adamidis arrested Ms. Wiley.

[1205133/1] 2
 Case: 1:16-cv-07935 Document #: 1 Filed: 08/08/16 Page 3 of 6 PageID #:3

COUNT I
SECTION 1983 UNLAWFUL SEARCH AND SEIZURE

12. Plaintiff Jasmine Wiley re-alleges and incorporates the allegations of

paragraphs 1 through 11 as her respective allegations of paragraph 12 of Count I as though

fully forth herein.

13. Officers Babicz and Adamidis unlawfully searched and seized Ms. Wileys

vehicle.

14. Officers Babicz and Adamidis unlawfully interfered with the Plaintiffs

freedom of movement.

15. During the time the Plaintiff was unlawfully detained she was in fear.

16. Officers Babicz and Adamidis did not have probable cause to search and/or

seize the Plaintiff or his vehicle.

17. Said actions of Officers Babicz and Adamidis were intentional, willful and

wanton.

18. Said actions of Officers Babicz and Adamidis unlawfully violated the

Plaintiffs Fourth and Fourteenth Amendment Rights and were in violation of said rights

protected by 42 U.S.C. 1983.

19. As a direct and proximate consequence of said unlawful conduct of Officers

Babicz and Adamidis, the Plaintiff suffered violations of her constitutional rights, loss of

liberty, emotional anxiety, fear, pain and suffering, and monetary loss and expenses.

WHEREFORE, the Plaintiff, Jasmine Wiley, prays for judgment, compensatory

damages, punitive damages, and attorneys fees and costs against Defendants Officer

Babicz and Officer Adamidis.

[1205133/1] 3
 Case: 1:16-cv-07935 Document #: 1 Filed: 08/08/16 Page 4 of 6 PageID #:4

COUNT II
SECTION 1983 EXCESSIVE FORCE

20. Plaintiff Jasmine Wiley re-alleges and incorporates the allegations of

paragraphs 1 through 11 as her respective allegations of paragraph 20 of Count II as

though fully forth herein.

21. The force used by Defendant Officers Babicz, and Adamidis upon the

Plaintiff were unreasonable, unprovoked, unnecessary and excessive.

22. As a result of the actions and inactions of Officers Babicz and Adamidis, Ms.

Wiley was injured.

23. Said actions of Officers Babicz and Adamidis were intentional, willful and

wanton.

24. Said actions of Officers Babicz and Adamidis violated the Plaintiffs Fourth

Amendment Rights of the United States Constitution as protected by 42 U.S.C. 1983.

25. As a direct and proximate consequence of said conduct of Officers Babicz

and Adamidis, Ms. Wiley suffered violations of her constitutional rights, physical injuries,

emotional anxiety, fear, pain and suffering, and monetary loss and expenses.

WHEREFORE, the Plaintiff, Jasmine Wiley, prays for judgment, compensatory

damages, punitive damages, and attorneys fees and costs against Defendants Officers

Babicz and Adamidis.

COUNT III
SECTION 1983 FALSE ARREST

26. Plaintiff Jasmine Wiley re-alleges and incorporates the allegations of

paragraphs 1 through 11 as her respective allegations of paragraph 26 of Count III as

though fully forth herein.

[1205133/1] 4
 Case: 1:16-cv-07935 Document #: 1 Filed: 08/08/16 Page 5 of 6 PageID #:5

27. Officer Babicz and Officer Adamidis did not have probable cause to arrest

the Plaintiff.

28. The actions of Officer Babicz and Officer Adamidis violated the Plaintiffs

Fourth Amendment Rights and were in violation of said rights protected by 42 U.S.C.

1983.

29. As a direct and proximate consequence of said conduct of Officer Babicz and

Officer Adamidis, the Plaintiff suffered violations of his constitutional rights, loss of

liberty, monetary expenses, fear, emotional distress, and other injuries.

WHEREFORE, the Plaintiff, Jasmine Wiley, prays for judgment, compensatory

damages, punitive damages, and attorneys fees and costs against Defendants Officer

Babicz and Officer Adamidis.

COUNT IV
ILLINOIS LAW CLAIM INDEMNIFICATION
AGAINST VILLAGE OF MAYWOOD

30. Plaintiff Jasmine Wiley re-alleges and incorporates the allegations of

paragraphs 1 through 29 as her respective allegations of paragraph 30 of Count IV as

though fully forth herein.

31. 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.

32. Officer Babicz and Officer Adamidis are or were employees of the VILLAGE

OF MAYWOOD and acted within the scope of their employment in committing the

misconduct described herein.

WHEREFORE, Plaintiff Jasmine Wiley prays that should this Court enter

judgment in her favor and against Officer Babicz and Officer Adamidis, the Village of

[1205133/1] 5
 Case: 1:16-cv-07935 Document #: 1 Filed: 08/08/16 Page 6 of 6 PageID #:6

Maywood should be ordered to pay the Plaintiff any judgment for compensatory damages

obtained against Officer Babicz and Officer Adamidis.

JURY DEMAND

The Plaintiff requests a trial by jury.

Respectfully submitted,

s/ David S. Lipschultz
DAVID S. LIPSCHULTZ, #6277910
Attorney for Plaintiff
Goldberg Weisman Cairo
One E. Wacker Drive, 38th Floor
Chicago, IL 60601
Telephone: 312-464-1200
Fax: 312-464-1212
Email: dlipschultz@gwclaw.com

[1205133/1] 6