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MATTHEW MALLETT, )
)
Plaintiff, )
)
v. )
) Case No.
)
CITY OF CHICAGO, and UNKNOWN )
POLICE OFFICERS, )
)
Defendants. ) JURY DEMANDED
CIVIL COMPLAINT
attorneys, Walters O'Brien Law Offices, and complaining of the Defendants, CITY OF
Introduction
perpetrated by the Chicago Police Officer Defendants under color of law that
deprived Plaintiff of rights secured by the Constitution and laws of the United
States.
2. The events purported herein all occurred in the Northern District of Illinois, and
upon information and belief, all parties to the case reside within the Northern
District of Illinois.
Parties
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3. The Plaintiff, Matthew Mallett, is a United States citizen who lives in Cook
County, Illinois.
4. Defendant Chicago Police Officers were, at the time of this occurrence, duly
complained of in the course and scope of their employment and under color of
under the laws of the State of Illinois, and is the employer and principal of the
Factual Background
6. On June 21, 2015 Plaintiff was attending a Gay Pride Parade related event in the
7. While attending the event, Plaintiff was dressed in a speedo swimsuit and carried
9. After being unable to find or call his friends, Plaintiff went back to his car to wait
for them.
10. One of the doors on Plaintiff’s car was unlocked, so he was able to enter it despite
11. Plaintiff got into his car, crawled into the back, behind the backseat, and lay down
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13. The Defendant Officers' pounding on the window of his car awakened plaintiff.
14. Plaintiff opened the door to several officers, police vehicles and an ambulance.
Plaintiff told the officers that this was his car and he did not have any keys on
15. Several times Plaintiff attempted to explain to the Officers that this was his car
16. Defendant Officers demanded Plaintiff get out of the car. When Plaintiff asked
what he had done wrong, without any provocation, one of the Defendant Officers
17. The pepper spray temporarily incapacitated Plaintiff, blinded him, and caused him
a violent coughing fit and severe burning and pain in his throat and nostrils.
18. After temporarily incapacitating Plaintiff, the individual officers dragged Plaintiff
out of his own car and strapped him to a gurney. The officers handcuffed Plaintiff
with his arms behind his back and under the gurney.
19. The officers then unnecessarily placed a mask on Plaintiff’s face, preventing him
22. Plaintiff suffered various physical injuries, including bruising, pain and ongoing
numbness in his hands due to the handcuffs, for which he has had to seek medical
assistance.
23. Plaintiff was targeted by the Defendant Officers because he is a gay man and was
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24. Plaintiff has suffered emotional and psychological injuries and trauma associated
25. In addition, Plaintiff has received bills from the hospital exceeding $5,000.
Count I
42 U.S.C. Section 1983 Violations — Excessive Force
26. Plaintiff re-alleges and incorporates all of the allegations in the preceding
paragraphs.
27. The actions of the Defendant Officers constituted unreasonable, unjustifiable, and
excessive force against Plaintiff, thus violating his rights under the Fourth
was injured, including severe pain, physical injury, mental suffering, anguish and
compensatory damages against the Defendant Officers and Defendant City of Chicago,
damages, plus the costs of this action and attorney’s fees, and such other and additional
Count II
42 U.S.C. Section 1983 Violations – Civil Conspiracy
29. Plaintiff re-alleges and incorporates all of the allegations in the preceding
paragraphs.
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30. As described more fully above, the Defendants reached an agreement amongst
31. Each of the Defendants further conspired to wrongfully incapacitate and restrain
Plaintiff.
32. In this manner, the Defendant Officers, acting in concert with each other, have
means.
33. In furtherance of the conspiracy, each of the co-conspirators committed overt acts
34. As a direct and proximate result of the illicit prior agreement referenced above,
Plaintiff's rights were violated, and he suffered physical pain and suffering, severe
35. The misconduct described in this Count was undertaken with malice, willfulness,
Count III
State Claim – Battery
36. Plaintiff re-alleges and incorporates all of the allegations in the preceding
paragraphs.
37. Defendant officers used an unreasonable and excessive amount of force against
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38. More specifically, Defendant Police Officers unnecessarily sprayed pepper spray
into the vehicle while Plaintiff was still in it and posing no threat to the Officers,
coughing and painful burning on his skin, in his throat and in his nostrils.
39. As a direct and proximate result of the malicious actions of the Defendant, the
Plaintiff was injured, including sustaining significant injuries, medical bills, loss
40. The City is sued in this Count pursuant to the doctrine of respondent superior, in
that the Defendant Officers performed the actions complained of while in the
employ of Defendant City, and while acting within the scope of this employment.
and the City of Chicago, plus the costs of this action and attorneys' fees, and such other
Count IV
42 U.S.C. Section 1983 Violations – False Arrest
42. As described above, the Defendants conspired among themselves and wrongfully
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this Complaint.
the individual defendants jointly and severally for compensatory damages against
punitive damages, plus the costs of this action and attorney’s fees, and such other and
Count V
State Claim - False Imprisonment
45. Plaintiff alleges that the Defendants, without probable cause, knowingly,
wrongfully, and unlawfully detained and restrained the Plaintiff against his will
46. At no time during the detainment did Plaintiff resist or attempt to resist the
Defendant officers, but was fully cooperating with the orders of the Defendants
Plaintiff suffered emotional injuries including mental and emotional damage and
48. The City of Chicago is sued in this Count pursuant to the doctrine of respondeat
while on duty and in the employ of Defendant City and while acting within the
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jointly and severally for compensatory damages against Defendant Officers and
damages, plus the costs of this action and attorney’s fees, and such other and
Count VI
745 ILCS 10/9-102 – Indemnity
paragraphs.
3. Defendants committed the acts alleged above under color of law and in the scope
set forth above, Plaintiff demands that, pursuant to 745 ILCS 10/9-102, the Defendant
City of Chicago be found liable for any judgment Plaintiff obtains against said
Count VII
State Claim – Intentional Infliction of Emotional Distress
paragraphs.
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6. Defendants performed the acts detailed above with the intent of inflicting severe
emotional distress on the Plaintiff or with knowledge of the high probability that
7. As a direct and proximate result of this conduct, Plaintiff did in fact suffer severe
emotional distress, resulting in injury to her mind, body, and nervous system.
8. The City is sued in this Count pursuant to the doctrine of respondent superior, in
that the Defendant Officers performed the actions complained of while in the
employ of Defendant City, and while acting within the scope of this employment.
Defendant City, jointly and severally, for compensatory damages and because these
costs of this action and attorney’s fees, and such other and additional relief as this court
Respectfully Submitted,