IN THE CIRCUIT COURT OF COOK COUNTY

COUNTY DEPARTMENT, LAW DIVISION

LATARSHA JONES, Individually and as Special

Administrator of the Estate of BETTIE RUTH
JONES, Deceased, and
LATISHA JONES,

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Plaintiffs,

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CITY OF CHICAGO,

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Defendant.

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COMPLAINT AT LAW

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NOW COME the Plaintiffs, LATARSHA JONES, Individually and as Special

Administrator of the Estate of BETTIE RUTH JONES, deceased, and LATISHA JONES, by and
through their attorneys, POWER ROGERS & SMITH, P.C., and for their complaint against the
Defendant, CITY OF CHICAGO, pleading hypothetically and in the alternative, state as follows:
FACTS
1.

On December 26, 2015, and at all times relevant, the Decedent, BETTIE RUTH

JONES, was 55 years old mother of five and grandmother of nine, who resided at 4710 W. Erie
Street, in the City of Chicago, County of Cook, State of Illinois.
2.

On December 26, 2015, and at all times relevant, the Decedent, BETTIE RUTH

JONES, was a taxpaying citizen of the City of Chicago, County of Cook, State of Illinois, who
was active in her community.
3.

On December 26, 2015, and at all times relevant, the Decedent, BETTIE RUTH

JONES, resided on the first floor of the property located at 4710 W. Erie, which was owned and
managed by ANTONIO LEGRIER, who resided on the 2nd floor of the property.
1

4.

On Saturday morning, December 26,2015, and at all times relevant, the Decedent,

BETTIE RUTH JONES received a call from ANTONIO LEGRIER who informed her that the
police had been called to the premises and asked that she answer the door when they arrived.
5.

On December 26, 2015, and at all times relevant, prior to calling BETTIE RUTH

JONES, QUINTONIO LEGRIER called 911 reporting a disturbance and seeking assistance.
6.

On December 26, 2015, and at all times relevant, subsequent to QUINTONIO

LEGRIER's call to 911, ANTONIO LEGRIER called 911 reporting a disturbance and seeking
assistance.
7.

On December 26,2015, and at all times relevant, subsequent to the aforementioned

calls, the Decedent, BETTIE RUTH JONES, responded to a knock and/or ring of the doorbell at
the property where she resided.
8.

On December 26, 2015, and at all times relevant, BETTIE RUTH JONES faced a

hail of bullets being fired by an on duty Chicago Police Department officer at and in the direction
of her home and her, with bullets going through the doorway, and through walls of the home where
her 19 y/o twin daughter LA TISHA JONES and others were located and at risk of injury and death.
9.

On December 26, 2015, and at all times relevant, the Decedent, BETTIE RUTH

JONES, was standing inside the premises located at 4710 W. Erie, Chicago, IL, at the time that
she was struck by one or more bullets fired by the on duty Chicago Police Department officer.
10.

On December 26, 2015, and at all times relevant, the Chicago Police Department

officer that shot the Decedent, BETTIE RUTH JONES, was located outside the building located
at 4710 W. Erie, Chicago, Illinois, standing in the parkway beyond the public sidewalk at the time
that he fired his weapon at or in the direction of the home of the Decedent, BETTIE RUTH JONES,
striking her.

11.

On December 26, 2015, and at all times relevant, the police officer that shot the

Decedent, BETTIE RUTH JONES, was acting under color of law when he went to the premises,
drew his weapon and fired his weapon at or in the direction of the home of BETTIE RUTH JONES,
located at 4 710 W. Erie, Chicago, Illinois, striking her.
12.

On December 26, 2015, and at all times relevant, the police officer that fired his

weapon in the direction of the Decedent, BETTIE RUTH JONES, and shot the Decedent was
acting within the course and scope of his employment with the City of Chicago.
13.

On December 26, 2015, and at all times relevant, the police officer that fired his

weapon at the home of BETTIE RUTH JONES striking her knew or should have known that one
or more innocent persons were inside the property located at 4 710 W. Erie, Chicago, Illinois.
14.

On December 26, 2015, and at all times relevant, the Decedent, BETTIE RUTH

JONES, never posed a danger or threat of harm to any Chicago Police Department officer or other
person before she was shot.
15.

On December 26, 2015, and at all times relevant, the City of Chicago Police

Department was never informed that the Decedent, BETTIE RUTH JONES, or any other person
at the property located at 4710 W. Erie, in Chicago, Illinois, possessed a firearm.
16.

On December 26, 2015, and at all times relevant, there was no probable cause or

legal justification to fire a firearm at, or to utilize deadly force against the Decedent, BETTIE
RUTH JONES.
17.

On December 26, 2015, and at all times relevant, there was no legal justification to

shoot the Decedent, BETTIE RUTH JONES, on December 26, 2015.

18.

On December 26, 2015, the shooting of BETTIE RUTH JONES by the City of

Chicago Police Department officer was unjustified.

19.

On December 26, 2015, the shooting of BETTIE RUTH JONES by the City of

Chicago Police Department officer was an excessive use of force.

20.

On December 26, 2015, the shooting of BETTIE RUTH JONES by the City of

Chicago Police Department officer constitutes reckless conduct by the officer.

21.

On December 26, 2015, the shooting of BETTIE RUTH JONES by the City of

Chicago Police Department officer constitutes an unjustifiable homicide.

22.

On December 26, 2015, and at all times relevant, the Decedent, BETTIE RUTH

JONES, did not present any danger or threat of harm to the City of Chicago police officer before
she was shot by the aforedescribed officer.
23.

On December 26, 2015, and at all times relevant, the Decedent, BETTIE RUTH

JONES, did not at any point threaten or in any way endanger the lives of any law enforcement
officer or civilians prior to being shot by the aforedescribed officer.
24.

The Decedent, BETTIE RUTH JONES, was not violating any laws, rules or

ordinances immediately before she was shot, at the time that she was shot, and immediately after
she was shot.
25.

On December 26, 2015, and at all times relevant, QUINTONIO LEGRIER, was

shot, and fell on top of Decedent, BETTIE RUTH JONES inside the premises at 4710 W. Erie, in
Chicago, Illinois.
26.

On December 26, 2015, and at all times relevant, after shooting the Decedent,

BETTIE RUTH JONES, the police officer that shot the Decedent did not personally check on the
condition or well-being of BETTIE RUTH JONES or QUINTONIO LAGRIER.

27.

On December 26, 2015, and at all times relevant, after shooting at the home of

BETTIE RUTH JONES, the Chicago police officer who fired the shots made certain statements
for those in close proximity to hear regarding his actions.
28.

On December 26,2015, and at all times relevant, a second City of Chicago Police

Department Officer who was on the scene and the partner of the aforedescribed officer, did not
fire his weapon at or in the direction of BETTIE RUTH JONES and the home located at 4710 W.
Erie, in Chicago, Illinois.
29.

On December 26, 2015, and at all times relevant, a second City of Chicago Police

Department officer who was the partner of the aforedescribed officer, was not in fear of his life
prior to or at the time his partner fired his weapon at or in the direction of BETTIE RUTH JONES
and the home located at 4710 W. Erie, in Chicago, Illinois.
30.

On December 26, 2015, and at all times relevant, City of Chicago Police

Department officers/investigators, upon information and belief, seized, confiscated, and otherwise
took control of video recordings that captured portions ofthe Chicago Police Department officers'
response to the scene and the subsequent events that took place at 4710 W. Erie, Chicago, Illinois.
31.

On December 26, 2015, and at all times relevant, immediately after the shooting,

LATISHA JONES found her mother, BETTIE RUTH JONES alive and injured inside the building
located at 4710 W. Erie, Chicago, IL.
32.

On December 26, 2015, and at all times relevant, a Chicago Police Department

officer, acting under color of law and within the course and scope of his employment, stated to
LA TISHA JONES as she sought assistance for her mother who was still lying on the floor in a
puddle of blood, that her mother was dead and she needed to "get over it."

33.

On December 26, 2015, and at all times relevant, no attempt to use less than lethal

force was made by any City of Chicago Police Department officer prior to shots being fired in the
direction and/or at BETTIE RUTH JONES and her home at 4710 W. Erie, in Chicago, Illinois.
34.

On or about December 26, 2015, and at all times relevant, as a direct and proximate

result ofthe CITY OF CHICAGO Police Department officer's conduct, BETTIE RUTH JONES
was injured and died as a direct and proximate result of being shot by a City of Chicago Police
Department officer.
35.

The December 26,2015 shooting ofBETTIE JONES and QUINTONIO LEGRIER

was one of several police involved shootings to occur in the City of Chicago under circumstances
that did not justify or warrant the use of lethal force.
36.

The December 26,2015 shooting ofBETTIE JONES and QUINTONIO LEGRIER

was one of several police involved shootings and post-shooting investigations to occur in the City
of Chicago suggesting a policy and practice of condoning, permitting, or otherwise authorizing the
use of excessive and even deadly force when it is not warranted and not in compliance with
accepted industry police practices and investigative procedures.
37.

The December 26,2015 shooting ofBETTIE JONES and QUINTONIO LEGRIER

was one of several police involved shootings to occur in the City of Chicago prompting the
Department of Justice to launch an investigation in December, 2015 ofthe City of Chicago Police
Department practices.

COUNT I
WRONGFUL DEATH OF BETTIE RUTH JONES
RECKLESS, WILLFUL & WANTON CONDUCT EXHIBITING A CONSCIOUS
DISREGARD FOR THE SAFETY OF INNOCENT CITIZENS

1-3 7.

The Plaintiff re-alleges Paragraphs 1 through 3 7 of the Facts Section above,

inclusive, and incorporates those Paragraphs herein, as though fully stated as this Paragraph 37.
38.

On or about December 26,2015, and at all relevant times, the Defendant, CITY OF

CHICAGO Police Department officers had a duty to serve and protect citizens of the City of
Chicago, including the decedent, BETTIE RUTH JONES.
39.

On or about December 26, 2015, and at all times relevant, the CITY OF CHICAGO

Police Department officers had a duty to refrain from engaging in reckless, willful or wanton
conduct or conduct which exhibited a conscious disregard for the safety of citizens like BETTIE
RUTH JONES.
40.

At the time and place alleged, Defendant, CITY OF CHICAGO, by and through

the acts of one or more of its Chicago Police Department officers, breached its duty to BETTIE
RUTH JONES by acting in a reckless, willful and wanton manner, which exhibited an utter
indifference to and/or conscious disregard for the safety of citizens, including BETTIE RUTH
JONES, in one or more of the following respects
a.

Fired a gun multiple times and shot at a home he knew or should have
known to be occupied by innocent citizens who would be at risk of injury
or death; or

b.

Fired a gun multiple times and shot in the direction of one or more innocent
citizens who he knew or should have known would be at risk of serious
injury or death; or

c.

Fired a gun multiple times and shot without legal or lawful justification to
do so; or

41.

d.

Fired a gun multiple times and shot without being in reasonable fear for his
life or the life of others; or

e.

Handled and discharged his weapon in such a manner as to shoot BETTIE

RUTH JONES; or

f.

Handled and discharged his weapon in such a manner as to shoot the

BETTIE RUTH JONES without legal or lawful justification; or

g.

Handled and discharged his weapon in such a manner while responding to

a call in such a manner as to shoot the BETTIE RUTH JONES without legal
or lawful justification; or

h.

Used deadly force without legal or lawful justification; or

1.

Failed to exercise the proper level of force that was warranted under the
circumstances; or

J.

Used excessive force without legal or lawful justification; or

k.

Used excessive force without warning BETTIE RUTH JONES; or

1.

Failed to provide medical care to BETTIE RUTH after causing her injuries;

m.

Failed to timely request medical care and assistance for BETTIE RUTH
JONES; and/or

n.

Engaged in a practice and course of conduct of using lethal force when it

was not warranted; or

o.

Engaged in a practice and course of conduct of utilizing excessive force and

post-incident investigation that condones and supports the use of such force
even when it is unjustified by the circumstances; or

p.

Was otherwise willful and wanton and/or negligent.

As a direct and proximate result of one or more of the aforesaid reckless, willful

and wanton acts and/or omissions, Plaintiffs Decedent, BETTIE RUTH JONES, sustained injuries
which resulted in her injury, pain and suffering, disability, loss of enjoyment of a normal life, and
ultimate death.

42.

Decedent, BETTIE JONES is survived by five adult children who have suffered

and who will continue to loss of love, care, affection, guidance, counsel, attention, services,
resources, benefits, and other damages as a result of the actions and/or omissions of the Defendant
by and through its employees and/or agents.
43.

The Plaintiff, LATARSHA JONES, is the duly appointed Special Administrator of

the Estate of BETTIE RUTH JONES, and brings this action on behalf of all known and unknown
heirs, including her five adult children, pursuant to all applicable laws, including the Illinois
Wrongful Death Act, 740 ILCS 180/1.
44.

As a proximate result of the foregoing negligent acts and/or om1sswns, the

survivors of BETTIE RUTH JONES have sustained substantial pecuniary loss, including the loss
of her society, companionship, services, and support, and expenses for funeral and burial.
45.

At the time ofher death, BETTIE RUTH JONES left surviving her: LatarshaJones,

adult daughter; LaToya Jones, adult daughter; Anthony Jones, adult son; Latisha Jones, adult
daughter; and LaTonya Jones, adult daughter.
WHEREFORE, Plaintiff, LATARSHA JONES, Individually and as Special Administrator
of the Estate of BETTIE RUTH JONES, deceased, demands judgment against the Defendant,
CITY OF CHICAGO, in an amount well in excess of the minimum jurisdictional amount of FIFTY
THOUSAND DOLLARS ($50,000.00), such additional amounts as the Jury and the Court shall
deem proper, costs of said suit, and any other relief this Court deems just and appropriate.

COUNT II
INFLICTION OF EMOTIONAL DISTRESS---LATISHA JONES

1-37. The Plaintiff re-alleges Paragraphs 1 through 37 of the Facts Section above,
inclusive, and incorporates those Paragraphs herein, as though fully stated as this Paragraph 37.
38.

On or about December 26, 2015, and at all relevant times, the Defendant, CITY OF

CHICAGO Police Department officers had a duty to serve and protect citizens of the City of
Chicago, including LATISHA JONES.
39.

On or about December 26,2015, and at all times relevant, the CITY OF CHICAGO

Police Department officers had a duty to refrain from engaging in reckless, willful or wanton
conduct or conduct which exhibited a conscious disregard for the safety of citizens like LATISHA
JONES.
40.

At the time and place alleged, Defendant, CITY OF CHICAGO, by and through

the acts of one or more of its Chicago Police Department officers, breached its duty to LATISHA
JONES by acting in an intentional and reckless, willful and wanton manner, which exhibited an
utter indifference to and/or conscious disregard for the safety of citizens, including LATISHA
JONES, in one or more of the following respects:
a.

Fired a gun multiple times and shot at a home he knew or should have
known to be occupied by innocent citizens who would be at risk of injury
or death; or

b.

Fired a gun multiple times and shot in the direction of one or more innocent
citizens who he knew or should have known would be at risk of serious
injury or death; or

c.

Fired a gun multiple times and shot without legal or lawful justification to
do so; or

d.

Fired a gun multiple times and shot without being in reasonable fear for his
life or the life of others; or

10

41.

e.

Engaged in a practice and course of conduct of using lethal force when it

was not warranted; or

f.

Engaged in a practice and course of conduct of utilizing excessive force and

post-incident investigation that condones and supports the use of such force
even when it is unjustified by the circumstances; or

g.

Was otherwise willful and wanton and/or negligent.

As a direct and proximate result of one or more of the aforesaid intentional and/or

reckless, willful and wanton acts and/or omissions, Plaintiff, LA TISHA JONES, sustained
emotional distress injuries as a result of being in the zone of danger and having bullets intentionally
and recklessly fired by the aforedescribed officer at and into her home.
WHEREFORE, Plaintiff, LATISHA JONES, demands judgment against the Defendant,
CITY OF CHICAGO, in an amount well in excess of the minimum jurisdictional amount of FIFTY
THOUSAND DOLLARS ($50,000.00), such additional amounts as the Jury and the Court shall
deem proper, costs of said suit, and any other relief this Court deems just and appropriate.

Attorneys for Plaintiffs

Larry R. Rogers, Jr.
POWER ROGERS & SMITH, P.C. (31444)
70 West Madison Street, 55 1h Floor
Chicago, Illinois 60602-4 212
Telephone: 312/236-9381

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IN THE CIRCUIT COURT OF COOK COUNTY

COUNTY DEPARTMENT, LAW DIVISION

LATARSHA JONES, Individually and as Special

Administrator of the Estate of BETTIE RUTH
JONES, Deceased, and LA TISHA JONES
Plaintiffs,
v.
CITY OF CHICAGO,
Defendant.

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No.

AFFIDAVIT
NOW comes Affiant, Larry R. Rogers, Jr. and being first duly sworn on oath, deposes and states:
1. That he is one of the attorneys representing the Estate of Bettie Ruth Jones, deceased and Latisha Jones,
in the above cause.
2. That he is familiar with the facts in the above cause.
3. That he has reviewed the available information relating to the money damages in the above matter.
4. That based upon information and belief, the total money damages sought in the above cause are worth
in excess of Fifty Thousand Dollars ($50,000.00).

2016
OFFICIAL SEAL

KATHLEEN MPLATT
NOTARY PUBUC STATE OF UW01S
MY COMMISSION EXPIRES:09/11118

POWER, ROGERS & SMITH, P.C.

70 West Madison Street-55th Floor
Chicago, IL 60602
Phone No. 312/236-9381