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Case: 3:17-cv-50252 Document #: 1 Filed: 08/22/17 Page 1 of 4 PageID #:1

UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION

JOURDAN MONDRAGON, )
)
Plaintiff, ) No. 17-CV-50252
)
vs. ) Judge
) Magistrate Judge
CITY OF ROCKFORD, )
Rockford Police Officers )
EMILLO MARQUEZ and ) Jury Demand
OWEN McGUINNESS, )
)
Defendants. )

COMPLAINT

1) This is an action for money damages brought pursuant to 42 U.S.C. 1983, and
the common law and statutes of the State of Illinois.
2) Jurisdiction for Plaintiffs federal claims is based on 28 U.S.C. 1331 and
1343(a). Jurisdiction for Plaintiffs state claims is based on supplemental jurisdiction pursuant to
28 U.S.C. 1367(a).
3) Venue is proper in this Court pursuant to 28 U.S.C. 1391(b), in that the claims
arose in this district as alleged below.
Parties
4) Plaintiff is a resident of Rockford, Illinois.
5) Defendant-Officers EMILLO MARQUEZ (Defendant MARQUEZ) and
OWEN MCGUINNESS (Defendant McGUINNESS) are duly appointed and sworn Rockford
police officers.
6) At all times relevant to this Complaint, Defendants MARQUEZ and
McGUINNESS were acting in the course and scope of their employment, and under color of
state law, ordinance and/or regulation.
7) The Defendant-Officers are sued in their individual capacities.
8) Defendant CITY OF ROCKFORD is a municipal corporation, duly incorporated
under the laws of the State of Illinois, and is the employer and principal of the Defendant-
Case: 3:17-cv-50252 Document #: 1 Filed: 08/22/17 Page 2 of 4 PageID #:2

Officers.
Facts
9) On or about July 24, 2016, Plaintiff got into a verbal altercation with his girlfriend
at her home.
10) The police were called.
11) Defendants MARQUEZ and McGUINNESS responded to the call.
12) After Defendants MARQUEZ and McGUINNESS arrived on the scene, they
spoke with Plaintiffs girlfriend and Plaintiff.
13) Defendants MARQUEZ and McGUINNESS accused Plaintiff of breaking a
window screen at the home.
14) Plaintiff denied breaking the window screen.
15) Defendants MARQUEZ and McGUINNESS placed Plaintiff under arrest for
criminal damage to property.
16) Plaintiff complied with Defendants MARQUEZ and McGUINNESSs orders and
cooperated with them when they handcuffed him and placed him in the rear of Defendant
MARQUEZs police vehicle.
17) While sitting in the front seat of his vehicle, Defendant MARQUEZ began to ask
Plaintiffs girlfriend if Plaintiff hit her or beat her.
18) Plaintiffs girlfriend denied that Plaintiff hit her or beat her.
19) Plaintiff became upset with Defendant MARQUEZ for asking his girlfriend if he
beat her. Plaintiff asked Defendant MARQUEZ to drive away as he was embarrassed that the
neighbors may see him in the police vehicle.
20) Defendant MARQUEZ began to taunt Plaintiff while he was in the police vehicle.
Defendant MARQUEZ asked Plaintiff if he thought he was a tough guy since he was originally
from Chicago.
21) Plaintiff told Defendant MARQUEZ that Defendant MARQUEZ would probably
not talk to him this way if he was not handcuffed.
22) Plaintiff and Defendant MARQUEZ began to exchange profanity and insults.
23) Defendant MARQUEZ became upset with Plaintiff and exited his police vehicle.
24) Defendant MARQUEZ dragged Plaintiff from the rear of his police vehicle and
slammed him to the ground. Plaintiff was still handcuffed behind his back.
Case: 3:17-cv-50252 Document #: 1 Filed: 08/22/17 Page 3 of 4 PageID #:3

25) Defendant McGUINNESS came over to where Plaintiff was lying on the ground
and dropped a knee into Plaintiffs back.
26) Defendants MARQUEZ and McGUINNESS began to kick and strike Plaintiff in
his sides and ribs.
27) Defendant MARQUEZ continued to taunt Plaintiff, asking him if he still thought
he was a tough guy.
28) While the Defendants were beating Plaintiff, Plaintiffs girlfriend approached.
Defendants MARQUEZ and McGUINNESS ordered her to get back into the house.
29) A squadrol arrived on the scene and transported Plaintiff to the Winnebago
County Jail.
30) After Plaintiff was released from jail, he sought medical attention at Swedish
American Hospital.
31) Plaintiff was diagnosed with rib fractures, contusions, hip and back pain.
32) On July 11, 2017, the criminal damage to property charge against Plaintiff was
dismissed.
33) Each individual Defendant-Officer acted willfully and wantonly, maliciously, and
with a conscious disregard and deliberate indifference to Plaintiffs rights.
34) As a direct and proximate result of the acts of the Defendants described above,
Plaintiff suffered damages including physical pain and suffering, emotional distress and
pecuniary damages including medical expenses and attorneys fees.
COUNT I
(42 U.S.C. 1983 Excessive Force)
35) Plaintiff realleges paragraphs 1 through 34 as if fully set forth herein.
36) Defendant-Officers violated Plaintiffs Fourth Amendment right, as guaranteed by
the Fourteenth Amendment, to be free from the use of excessive and unreasonable force.
WHEREFORE, Plaintiff asks that this Honorable Court:
a) Enter judgment against Defendant-Officers,
b) Award Plaintiff compensatory and punitive damages,
c) Award attorneys fees and costs, and
d) Award any further relief that this Honorable Court deems just and equitable.
Case: 3:17-cv-50252 Document #: 1 Filed: 08/22/17 Page 4 of 4 PageID #:4

COUNT II
(42 U.S.C. 1983 Failure to Intervene)
37) Plaintiff realleges paragraphs 1 through 34 as if fully set forth herein.
38) While Plaintiff was subjected to excessive force as described above, Defendant-
Officers had an opportunity to intervene, but chose not to intervene.
39) Defendant-Officers were deliberately indifferent to Plaintiffs right to be free
from excessive and unreasonable force.
WHEREFORE, Plaintiff asks that this Honorable Court:
a) Enter judgment against Defendant-Officers,
b) Award Plaintiff compensatory and punitive damages,
c) Award attorneys fees and costs, and
d) Award any further relief that this Honorable Court deems just and equitable.
COUNT III
(Indemnification Claim pursuant to 745 ILCS 10/9-102)

40) The acts of the Defendant-Officers described in the above claims were willful and
wanton, and committed in the scope of employment.
41) Pursuant to the Illinois Tort Immunity Act, 745 ILCS 10/9-102, Defendant CITY
OF ROCKORD is liable for any judgments for compensatory damages in this case arising from
the Defendant-Officers actions.
WHEREFORE, Plaintiff asks that this Honorable Court order Defendant CITY OF
ROCKFORD to indemnify the Defendant-Officers for any judgment for compensatory damages
in this case arising from their actions.
Jury Trial Demanded

Respectfully submitted,

/s/ Louis J. Meyer


Counsel for the Plaintiff
Louis J. Meyer
Daniel P. Kiss
MEYER & KISS, LLC
53 West Jackson Blvd., Suite 1735
Chicago, Illinois 60604
t. 312.765.0100
f. 312.585.7803
e. louismeyer@meyerkiss.com
Case: 3:17-cv-50252 Document #: 1-1 Filed: 08/22/17 Page 1 of 2 PageID #:5
ILND 44 (Rev. 06/16/17) CIVIL COVER SHEET
The ILND 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose
of initiating the civil docket sheet. (See instructions on next page of this form.)
I. (a) PLAINTIFFS DEFENDANTS
Jourdan Mondragon City of Rockford, Emillo Marquez, Owen McGuinness

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(Except in U.S. plaintiff cases) (In U.S. plaintiff cases only)
Note: In land condemnation cases, use the location of the tract of land involved.

(c) Attorneys (firm name, address, and telephone number) Attorneys (if known)
MEYER & KISS, LLC N/A
53 W. Jackson Blvd., Suite 1735
Chicago, IL 61614 (312) 765-0100

II. BASIS OF JURISDICTION (Check one box, only.) III. CITIZENSHIP OF PRINCIPAL PARTIES (For Diversity Cases Only.)
(Check one box, only for plaintiff and one box for defendant.)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government not a party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business in This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate citizenship of parties in Item III.) of Business in Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6


Foreign Country
IV. NATURE OF SUIT (Check one box, only.)
CONTRACT TORTS PRISONER PETITIONS LABOR OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 510 Motions to Vacate Sentence 710 Fair Labor Standards Act 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - Habeas Corpus: 720 Labor/Management Relations 376 Qui Tam (31 USC 3729 (a))
130 Miller Act 315 Airplane Product Product Liability 530 General 740 Railway Labor Act 400 State Reapportionment
140 Negotiable Instrument Liability 367 Health Care/ 535 Death Penalty 751 Family and Medical 410 Antitrust
150 Recovery of Overpayment 320 Assault, Libel & Slander Pharmaceutical 540 Mandamus & Other Leave Act 430 Banks and Banking
& Enforcement of Judgment 330 Federal Employers Personal Injury 550 Civil Rights 790 Other Labor Litigation 450 Commerce
151 Medicare Act Liability Product Liability 555 Prison Condition 791 Employee Retirement 460 Deportation
152 Recovery of Defaulted Student 340 Marine 368 Asbestos Personal Injury 560 Civil Detainee Conditions Income Security Act 470 Racketeer Influenced and
Loans (Excludes Veterans) 345 Marine Product Liability Product Liability of Confinement Corrupt Organizations
153 Recovery of Veterans Benefits 350 Motor Vehicle 480 Consumer Credit
160 Stockholders Suits 355 Motor Vehicle PERSONAL PROPERTY PROPERTY RIGHTS 490 Cable/Sat TV
190 Other Contract Product Liability 370 Other Fraud 820 Copyrights 850 Securities/Commodities/
195 Contract Product Liability 360 Other Personal Injury 371 Truth in Lending 830 Patent Exchange
196 Franchise 362 Personal Injury - 380 Other Personal 835 Patent Abbreviated 890 Other Statutory Actions
Medical Malpractice Property Damage New Drug Application 891 Agricultural Acts
385 Property Damage 840 Trademark 893 Environmental Matters
Product Liability 895 Freedom of Information Act
896 Arbitration
REAL PROPERTY CIVIL RIGHTS BANKRUPTCY FORFEITURE/PENALTY SOCIAL SECURITY 899 Administrative Procedure
210 Land Condemnation 440 Other Civil Rights 422 Appeal 28 USC 158 625 Drug Related Seizure 861 HIA (1395ff) Act/Review or Appeal of
220 Foreclosure 441 Voting 423 Withdrawal 28 USC 157 of Property 21 USC 881 862 Black Lung (923) Agency Decision
230 Rent Lease & Ejectment 442 Employment 690 Other 863 DIWC/DIWW (405(g)) 950 Constitutionality of
240 Torts to Land 443 Housing/ 864 SSID Title XVI State Statutes
245 Tort Product Liability Accommodations IMMIGRATION 865 RSI (405(g))
290 All Other Real Property 445 Amer. w/Disabilities - 462 Naturalization Application
Employment 463 Habeas Corpus -
Alien Detainee
446 Amer. w/Disabilities - FEDERAL TAXES
(Prisoner Petition )
Other 465 Other Immigrant 870 Taxes (U.S. Plaintiff
448 Education Actions or Defendant)
871 IRSThird Party
26 USC 7609

V. ORIGIN (Check one box, only.)


1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation Litigation
(specify) Direct File
VI. CAUSE OF ACTION (Enter U.S. Civil Statute under which you are filing and VII. Previous Bankruptcy Matters (For nature of suit 422 and 423, enter the case number and
write a brief statement of cause.) judge for any associated bankruptcy matter previously adjudicated by a judge of this Court. Use a separate
attachment if necessary.)
42 U.S.C. Section 1983. Cause of action for violations of the Fourth Amendment for excessive force
VIII. REQUESTED IN Check if this is a class action under Rule DEMAND $ Check Yes only if demanded in complaint.
COMPLAINT: 23, F.R.CV.P. JURY DEMAND: Yes No
IX. RELATED CASE(S) (See instructions)
IF ANY Judge Docket Number
X. This case (Check one box, only.) is not a refiling of a previously dismissed action is a refiling of case number previously dismissed by Judge
Date Signature of attorney of record
08/22/2017 /s/ Louis J. Meyer
Case: 3:17-cv-50252 Document
INSTRUCTIONS FOR ATTORNEYS#: 1-1 Filed: CIVIL
COMPLETING 08/22/17 Page
COVER 2 FORM
SHEET of 2 PageID
JS 44 #:6
Authority for Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law,
except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of
Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney
filing a case should complete the form as follows:

I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the
full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both
name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of
filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the
county of residence of the "defendant" is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this
section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of
the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution,
an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be
marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the
different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section
for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient
to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the
most definitive.

V. Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for
removal is granted, check this box.

Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation
transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is
checked, do not check (5) above.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Previous Bankruptcy Matters For nature of suit 422 and 423 enter the case number and judge for any associated bankruptcy matter previously adjudicated
by a judge of this court. Use a separate attachment if necessary.

VIII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the
actual dollar amount being demanded or indicate other demand, such as a preliminary injunction Jury Demand. Check the appropriate box to indicate whether or not a
jury is being demanded.

IX. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the
corresponding judge names for such cases.

X. Refiling Information. Place an "X" in one of the two boxes indicating if the case is or is not a refilling of a previously dismissed action. If it is a refiling of a
previously dismissed action, insert the case number and judge.

Date and Attorney Signature. Date and sign the civil cover sheet.

Rev. 1 04/13/16