FILED

12-Person Jury 9/20/2018 1:07 PM

DOROTHY BROWN
CIRCUIT CLERK

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COOK COUNTY, IL

COUNTY DEPARTMENT, LAW DIVISION
FILED DATE: 9/20/2018 1:07 PM 2018L010207

2018L010207
THOMAS J. DART, )
)
Plaintiff, )
) No.:
v. )
)
HOWARD DENHAM, NICOLE DENHAM, ) JURY DEMAND
and PAPER SOURCE, INC., )
)
Defendants. )
)

COMPLAINT AT LAW

Count I
(Defamation Per Se – Howard Denham)

NOW COMES the Plaintiff, THOMAS J. DART, by and through his attorneys, WINTERS

SALZETTA O’BRIEN & RICHARDSON, LLC, and complaining of the Defendant, HOWARD

DENHAM, states as follows:

1. On or about October 22, 24 and 29, 2017 and at all times relevant, Plaintiff Thomas

J. Dart was a resident of the County of Cook, State of Illinois and had been married for over fifteen

years and presently continues to be married.

2. Plaintiff Tom Dart is a licensed attorney who was elected and served as an Illinois

State Senator for two years and an Illinois State Representative for ten years.

3. In 2007, Plaintiff Tom Dart (hereinafter “Sheriff Dart”), having won election, was

sworn in as Sheriff of Cook County, Illinois.

4. On or about October 22, 24 and 29, 2017 and at all times relevant, Defendant,

HOWARD DENHAM, was a resident of the County of Cook, State of Illinois.

 5. On or about October 22, 24 and 29, 2017 and at all times relevant, Defendant,

NICOLE DENHAM, was a resident of the County of Cook, State of Illinois.

FILED DATE: 9/20/2018 1:07 PM 2018L010207

6. On or about October 22, 24 and 29, 2017 and at all times relevant, Defendant

PAPER SOURCE, INC was an Illinois Corporation existing under the laws of the State of Illinois

and doing business in the County of Cook, State of Illinois.

7. On or about October 22, 24 and 29, 2017 and at all times relevant, Defendant,

PAPER SOURCE, INC., owned, operated, maintained and/or managed facilities in County of

Cook, State of Illinois.

8. On or about October 22, 2017, Defendant, HOWARD DENHAM, disseminated an

email (hereinafter referred to as “email 1”) to numerous recipients, including several news media

outlets, that contained statements about Sheriff Dart. (See attached Exhibit A).

9. That email 1 states Sheriff Dart committed “double Domestic Battery incidents on

his wife.” (Ex. A).

10. That email 1 states “the first incident which was on either October 11th, 2017 or

October 12th, 2017 in which Tom Dart physically attacked his wife at their Mount Greenwood

home leaving visible injuries to her face and person.” (Ex. A).

11. That email 1 states “the second Domestic incident occurred this past Tuesday,

October 17th, 2017 at their Mount Greenwood home again in which multiple Sheriff’s Police and

Chicago Police Officers responded, but just like the first incident, no media attention and hush

hush.” (Ex. A).

12. On or about October 24, 2017, Defendant HOWARD DENHAM disseminated an

email (hereinafter referred to as “email 2”) to numerous recipients that contained statements about

Sheriff Dart.
 13. That email 2 references “Cook County Sheriff Tom Dart’s Domestic Battery

incidents against his wife in which she sustained physical injuries/Black Eye.”
FILED DATE: 9/20/2018 1:07 PM 2018L010207

14. That email 2 claims that Sheriff Dart was involved in an “extra-marital affair.”

15. That email 2 references “911 calls” and police response to the scene of the

“Domestic Battery incidents” referenced in email 2.

16. On or about October 29, 2017, Defendant HOWARD DENHAM disseminated an

email (hereinafter referred to as “email 3”) to numerous recipients, including several news media

outlets, that contained statements about Sheriff Dart. (See attached Exhibit B).

17. That email 3 states “Tom Dart physically attacked his wife causing visible injuries

to her face which was observed by responding Chicago Police Officers along with responding

Cook County Sheriff’s Police.” (Ex. B).

18. That email 3 states “there was a police report pertaining to this incident where it

states “Offender Unknown[…]” (Ex. B).

19. That email 3 states that “[…]Patricia Dart informed the Officers that her husband

Tom Dart physically attacked her causing injuries.” (Ex. B).

20. That email 1 states that Sheriff Dart is “involved in this cover up” of the activity

described in emails 1, 2 and 3.

21. That the aforementioned statements contained in email 1, email 2 and email 3 are

false.

22. That Defendant HOWARD DENHAM authored and disseminated the above

statements contained within email 1, email 2 and email 3 knowing the statements were false or

authored with a reckless disregard for their truth or falsity, which constitutes actual malice to the

reputation of Sheriff Dart.

 23. That the above statements authored and disseminated in email 1, email 2 and email

3 by Defendant, HOWARD DENHAM, constitute defamation per se as they impute the

FILED DATE: 9/20/2018 1:07 PM 2018L010207

commission of a criminal offense by Sheriff Dart.

24. That the above statements authored and disseminated in email 1, email 2 and email

3 by Defendant, HOWARD DENHAM, constitute defamation per se as they indicate that Sheriff

Dart is unable to perform and/or lacks integrity in performing his job duties as Sheriff of Cook

County in that said statements impute the commission of a felony by Sheriff Dart and the

concealment by Sheriff Dart of criminal activity.

25. As a proximate cause of Defendant HOWARD DENHAM’s defamatory statements

contained within email 1, email 2 and email 3, Sheriff Dart sustained an injury to his reputation.

WHEREFORE, Plaintiff Thomas J. Dart prays for entry of a money damage judgment in

his favor and against Defendant, HOWARD DENHAM, for an amount in excess of FIFTY

THOUSAND DOLLARS ($50,000.00) and for such other relief the Court deems necessary and

proper.

Count II
(False Light – Howard Denham)

NOW COMES the Plaintiff, THOMAS J. DART, by and through his attorneys, WINTERS

SALZETTA O’BRIEN & RICHARDSON, LLC, and complaining of the Defendant, HOWARD

DENHAM, states as follows:

1-22. Plaintiff Thomas J. Dart realleges and incorporates Paragraphs 1 through 22 of

Count I of this Complaint at Law as Paragraphs 1 through 22 of this Count II as if fully set forth

herein.
 23. That the above statements authored and disseminated in email 1, email 2 and email

3 by Defendant, HOWARD DENHAM, placed Sheriff Dart in a false light before the public in
FILED DATE: 9/20/2018 1:07 PM 2018L010207

that they impute the commission of a criminal offense by Sheriff Dart.

24. That the above statements authored and disseminated in email 1, email 2 and email

3 by Defendant, HOWARD DENHAM, placed Sheriff Dart in a false light before the public in

that they indicate that Sheriff Dart is unable to perform and/or lacks integrity in performing his job

duties as Sheriff of Cook County in that said statements impute the commission of a felony by

Sheriff Dart.

25. That the above statements authored and disseminated in email 1, email 2 and email

3 by Defendant, HOWARD DENHAM, placed Sheriff Dart in a false light before the public in

that they impute actions by Sheriff Dart that are considered highly offensive to a reasonable person.

26. That the above statements authored and disseminated in email 1, email 2 and email

3 by Defendant, HOWARD DENHAM, placed Sheriff Dart in a false light before the public by

alleging that Sheriff Dart physically abuses his wife and conceals criminal activity.

WHEREFORE, Plaintiff Thomas J. Dart prays for entry of a money damage judgment in

his favor and against Defendant, HOWARD DENHAM, for an amount in excess of FIFTY

THOUSAND DOLLARS ($50,000.00) and for such other relief the Court deems necessary and

proper.

Count III
(Defamation Per Se – Nicole Denham)

NOW COMES the Plaintiff, THOMAS J. DART, by and through his attorneys, WINTERS

SALZETTA O’BRIEN & RICHARDSON, LLC, and complaining of the Defendant, NICOLE

DENHAM, states as follows:

 1-7. Plaintiff Thomas J. Dart realleges and incorporates Paragraphs 1 through 7 of Count

I of this Complaint at Law as Paragraphs 1 through 7 of this Count III as if fully set forth herein.
FILED DATE: 9/20/2018 1:07 PM 2018L010207

8. On or about October 22, 2017, Defendant, NICOLE DENHAM, disseminated an

email (hereinafter referred to as “email 1”) to numerous recipients, including several news media

outlets, that contained statements about Sheriff Dart. (See attached Exhibit A).

9. That email 1 states Sheriff Dart committed “double Domestic Battery incidents on

his wife.” (Ex. A).

10. That email 1 states “the first incident which was on either October 11th, 2017 or

October 12th, 2017 in which Tom Dart physically attacked his wife at their Mount Greenwood

home leaving visible injuries to her face and person.” (Ex. A).

11. That email 1 states “the second Domestic incident occurred this past Tuesday,

October 17th, 2017 at their Mount Greenwood home again in which multiple Sheriff’s Police and

Chicago Police Officers responded, but just like the first incident, no media attention and hush

hush.” (Ex. A).

12. On or about October 24, 2017, Defendant NICOLE DENHAM disseminated an

email (hereinafter referred to as “email 2”) to numerous recipients that contained statements about

Sheriff Dart.

13. That email 2 references “Cook County Sheriff Tom Dart’s Domestic Battery

incidents against his wife in which she sustained physical injuries/Black Eye.”

14. That email 2 claims that Sheriff Dart was involved in an “extra-marital affair.”

15. That email 2 references “911 calls” and police response to the scene of the

“Domestic Battery incidents” referenced in email 2.

 16. On or about October 29, 2017, Defendant NICOLE DENHAM disseminated an

email (hereinafter referred to as “email 3”)to numerous recipients, including several news media
FILED DATE: 9/20/2018 1:07 PM 2018L010207

outlets, that contained statements about Sheriff Dart. (See attached Exhibit B).

17. That email 3 states “Tom Dart physically attacked his wife causing visible injuries

to her face which was observed by responding Chicago Police Officers along with responding

Cook County Sheriff’s Police.” (Ex. B).

18. That email 3 states “there was a police report pertaining to this incident where it

states “Offender Unknown[…]” (Ex. B).

19. That email 3 states that “[…]Patricia Dart informed the Officers that her husband

Tom Dart physically attacked her causing injuries.” (Ex. B).

20. That email 1 states that Sheriff Dart is “involved in this cover up” of the activity

described in emails 1, 2 and 3.

21. That the aforementioned statements contained in email 1, email 2 and email 3 are

false.

22. That Defendant NICOLE DENHAM authored and disseminated the above

statements contained within email 1, email 2 and email 3 knowing the statements were false or

authored with a reckless disregard for their truth or falsity, which constitutes actual malice to the

reputation of Sheriff Dart.

23. That the above statements authored and disseminated in email 1, email 2 and email

3 by Defendant, NICOLE DENHAM, constitute defamation per se as they impute the commission

of a criminal offense by Sheriff Dart.

24. That the above statements authored and disseminated in email 1, email 2 and email

3 by Defendant, NICOLE DENHAM, constitute defamation per se as they indicate that Sheriff
 Dart is unable to perform and/or lacks integrity in performing his job duties as Sheriff of Cook

County in that said statements impute the commission of a felony by Sheriff Dart and the
FILED DATE: 9/20/2018 1:07 PM 2018L010207

concealment by Sheriff Dart of criminal activity.

25. As a proximate cause of Defendant NICOLE DENHAM’s defamatory statements

contained within email 1, email 2 and email 3, Sheriff Dart sustained an injury to his reputation.

26. That at all times mentioned herein, Defendant NICOLE DENHAM, was an agent,

representative and/or employee of Defendant PAPER SOURCE, INC.

27. At all times mentioned herein, Defendant NICOLE DENHAM, acted within the

scope of her employment, representation and/or agency of Defendant PAPER SOURCE, INC.

28. At all times mentioned herein, Defendant, NICOLE DENHAM, held the title of

Manager in her employment, representation and/or agency with Defendant, PAPER SOURCE,

INC.

WHEREFORE, Plaintiff Thomas J. Dart prays for entry of a money damage judgment in

his favor and against Defendant, NICOLE DENHAM, for an amount in excess of FIFTY

THOUSAND DOLLARS ($50,000.00) and for such other relief the Court deems necessary and

proper.

Count IV
(False Light – Nicole Denham)

NOW COMES the Plaintiff, THOMAS J. DART, by and through his attorneys, WINTERS

SALZETTA O’BRIEN & RICHARDSON, LLC, and complaining of the Defendant, NICOLE

DENHAM, states as follows:

1-22. Plaintiff Thomas J. Dart realleges and incorporates Paragraphs 1 through 22 of

Count III of this Complaint at Law as Paragraphs 1 through 22 of this Count IV as if fully set forth

herein.
 23. That the above statements authored and disseminated in email 1, email 2 and email

3 by Defendant, NICOLE DENHAM, placed Sheriff Dart in a false light before the public in that
FILED DATE: 9/20/2018 1:07 PM 2018L010207

they impute the commission of a criminal offense by Sheriff Dart.

24. That the above statements authored and disseminated in email 1, email 2 and email

3 by Defendant, NICOLE DENHAM, placed Sheriff Dart in a false light before the public in that

they indicate that Sheriff Dart is unable to perform and/or lacks integrity in performing his job

duties as Sheriff of Cook County in that said statements impute the commission of a felony by

Sheriff Dart.

25. That the above statements authored and disseminated in email 1, email 2 and email

3 by Defendant, NICOLE DENHAM, placed Sheriff Dart in a false light before the public in that

they impute actions by Sheriff Dart that are considered highly offensive to a reasonable person.

26. That the above statements authored and disseminated in email 1, email 2 and email

3 by Defendant, NICOLE DENHAM, placed Sheriff Dart in a false light before the public by

alleging that Sheriff Dart physically abuses his wife and conceals criminal activity.

27. That at all times mentioned herein, Defendant NICOLE DENHAM, was an agent,

representative and/or employee of Defendant PAPER SOURCE, INC.

28. At all times mentioned herein, Defendant NICOLE DENHAM, acted within the

scope of her employment, representation and/or agency of Defendant PAPER SOURCE, INC.

29. At all times mentioned herein, Defendant, NICOLE DENHAM, held the title of

Manager in her employment, representation and/or agency with Defendant, PAPER SOURCE,

INC.

WHEREFORE, Plaintiff Thomas J. Dart prays for entry of a money damage judgment in

his favor and against Defendant, NICOLE DENHAM, for an amount in excess of FIFTY
 THOUSAND DOLLARS ($50,000.00) and for such other relief the Court deems necessary and

proper.
FILED DATE: 9/20/2018 1:07 PM 2018L010207

Count V
(Defamation Per Se – Paper Source, Inc.)

NOW COMES the Plaintiff, THOMAS J. DART, by and through his attorneys, WINTERS

SALZETTA O’BRIEN & RICHARDSON, LLC, and complaining of the Defendant, PAPER

SOURCE, INC., states as follows:

1-7. Plaintiff Thomas J. Dart realleges and incorporates Paragraphs 1 through 7 of Count

I of this Complaint at Law as Paragraphs 1 through 7 of this Count V as if fully set forth herein.

8. That at all times mentioned herein, Defendant NICOLE DENHAM, was an agent,

representative and/or employee of Defendant PAPER SOURCE, INC.

9. At all times mentioned herein, Defendant NICOLE DENHAM, was acting within

the scope of her employment, representation and/or agency of Defendant PAPER SOURCE, INC.

10. At all times mentioned herein, Defendant, NICOLE DENHAM, held the title of

Manager in her employment, representation and/or agency with Defendant, PAPER SOURCE,

INC.

11. On or about October 22, 2017, Defendant, PAPER SOURCE, INC., by and through

its agent, representative and/or employee, Nicole Denham, disseminated an email (hereinafter

referred to as “email 1”) to numerous recipients, including several news media outlets, that

contained statements about Sheriff Dart. (See attached Exhibit A).

12. That email 1 states Sheriff Dart committed “double Domestic Battery incidents on

his wife.” (Ex. A).

 13. That email 1 states “the first incident which was on either October 11th, 2017 or

October 12th, 2017 in which Tom Dart physically attacked his wife at their Mount Greenwood
FILED DATE: 9/20/2018 1:07 PM 2018L010207

home leaving visible injuries to her face and person.” (Ex. A).

14. That email 1 states “the second Domestic incident occurred this past Tuesday,

October 17th, 2017 at their Mount Greenwood home again in which multiple Sheriff’s Police and

Chicago Police Officers responded, but just like the first incident, no media attention and hush

hush.” (Ex. A).

15. On or about October 24, 2017, Defendant PAPER SOURCE, INC., by and through

its agent, representative and/or employee, Nicole Denham, disseminated an email (hereinafter

referred to as “email 2”) to numerous recipients that contained statements about Sheriff Dart.

16. That email 2 references “Cook County Sheriff Tom Dart’s Domestic Battery

incidents against his wife in which she sustained physical injuries/Black Eye.”

17. That email 2 claims that Sheriff Dart was involved in an “extra-marital affair.” (Ex.

B).

18. That email 2 references “911 calls” and police response to the scene of the

“Domestic Battery incidents” referenced in email 2.

19. On or about October 29, 2017, Defendant, PAPER SOURCE, INC., by and through

its agent, representative and/or employee, Nicole Denham, disseminated an email (hereinafter

referred to as “email 3”) to numerous recipients, including several news media outlets, that

contained statements about Sheriff Dart. (See attached Exhibit B).

20. That email 1, email 2 and email 3 were disseminated via email from an IP address

owned, leased and/or exclusively utilized/controlled by Defendant PAPER SOURCE, INC.

 21. That email 3 states “Tom Dart physically attacked his wife causing visible injuries

to her face which was observed by responding Chicago Police Officers along with responding
FILED DATE: 9/20/2018 1:07 PM 2018L010207

Cook County Sheriff’s Police.” (Ex. B).

22. That email 3 states “there was a police report pertaining to this incident where it

states “Offender Unknown[…]” (Ex. B).

23. That email 3 states that “[…]Patricia Dart informed the Officers that her husband

Tom Dart physically attacked her causing injuries.” (Ex. B).

24. That email 1 states that Sheriff Dart is “involved in this cover up” of the activity

described in email 1, email 2 and email 3.

25. That the aforementioned statements contained in email 1, email 2 and email 3 are

false.

26. That Defendant, PAPER SOURCE, INC., by and through its agent, representative

and/or employee, Nicole Denham, authored and disseminated the above statements contained

within email 1, email 2 and email 3 knowing the statements were false or authored with a reckless

disregard for their truth or falsity, which constitutes actual malice to the reputation of Sheriff Dart.

27. That the above statements authored and disseminated in email 1, email 2 and email

3 by Defendant, PAPER SOURCE, INC., by and through its agent, representative and/or

employee, Nicole Denham, constitute defamation per se as they impute the commission of a

criminal offense by Sheriff Dart.

28. That the above statements authored and disseminated in email 1, email 2 and email

3 by Defendant, PAPER SOURCE, INC., by and through its agent, representative and/or

employee, Nicole Denham, constitute defamation per se as they indicate that Sheriff Dart is unable

to perform and/or lacks integrity in performing his job duties as Sheriff of Cook County in that
 said statements impute the commission of a felony by Sheriff Dart and the concealment by Sheriff

Dart of criminal activity.

FILED DATE: 9/20/2018 1:07 PM 2018L010207

29. As a proximate cause of Defendant PAPER SOURCE, INC.’s defamatory

statements contained within email 1, email 2 and email 3, Sheriff Dart sustained an injury to his

reputation.

WHEREFORE, Plaintiff Thomas J. Dart prays for entry of a money damage judgment in

his favor and against Defendant, PAPER SOURCE, INC., for an amount in excess of FIFTY

THOUSAND DOLLARS ($50,000.00) and for such other relief the Court deems necessary and

proper.

Count VI
(False Light – Paper Source, Inc)

NOW COMES the Plaintiff, THOMAS J. DART, by and through his attorneys, WINTERS

SALZETTA O’BRIEN & RICHARDSON, LLC, and complaining of the Defendant, PAPER

SOURCE, INC., states as follows:

1-25. Plaintiff Thomas J. Dart realleges and incorporates Paragraphs 1 through 25 of

Count V of this Complaint at Law as Paragraphs 1 through 25 of this Count VI as if fully set forth

herein.

26. That the above statements authored and disseminated in email 1, email 2 and email

3 by Defendant, PAPER SOURCE, INC. placed Sheriff Dart in a false light before the public in

that they impute the commission of a criminal offense by Sheriff Dart.

27. That the above statements authored and disseminated in email 1, email 2 and email

3 by Defendant, PAPER SOURCE, INC., placed Sheriff Dart in a false light before the public in

that they indicate that Sheriff Dart is unable to perform and/or lacks integrity in performing his job
FILED DATE: 9/20/2018 1:07 PM 2018L010207
 FILED
9/20/2018 1:07 PM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL

2018L010207
FILED DATE: 9/20/2018 1:07 PM 2018L010207
FILED DATE: 9/20/2018 1:07 PM 2018L010207
 FILED

9/20/2018 1:07 PM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL
2018L010207
FILED DATE: 9/20/2018 1:07 PM 2018L010207
FILED DATE: 9/20/2018 1:07 PM 2018L010207
 FILED
9/20/2018 1:07 PM
DOROTHY BROWN
CIRCUIT CLERK
COOK COUNTY, IL

2018L010207
FILED DATE: 9/20/2018 1:07 PM 2018L010207

2018L010207

20th
 FILED
9/20/2018 1:07 PM
DOROTHY BROWN
CIRCUIT CLERK

COOK COUNTY, IL
2018L010207
FILED DATE: 9/20/2018 1:07 PM 2018L010207