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EdwardBustos Lawsuit

EdwardBustos Lawsuit

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Published by: Jeff Kelly Lowenstein on May 18, 2010
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05/18/2010

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UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOISWESTERN DIVISION
 EDWARD BUSTOS,))Plaintiff,)No.)vs.)Judge)Magistrate JudgeMcHENRY COUNTY,)KEITH NYGREN,)McHenry County Sheriff Deputies) NEIL PAGETT,)Jury DemandJASON GROCHOWSKI, and)SCOTT LOYD,))Defendants.)
COMPLAINT
1.This is an action for money damages brought pursuant to 42 U.S.C. § 1983.2.Jurisdiction for Plaintiff’s federal claims is based on 28 U.S.C. §§ 1331 and1343(a).3.Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b), in that the claimsarose in this district as alleged below.
Parties
4.Plaintiff is a resident of Harvard, Illinois.5.Plaintiff was born in Mexico but came to the United States legally and is a UnitedStates citizen who served in the United States Military.6.Defendant-Officers are duly appointed and sworn McHenry County Sheriff’sdeputies. At all times relevant to this Complaint, the Defendant-Officers were acting in thecourse 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 KEITH NYGREN is the Sheriff of McHenry County and was theemployer and principal of the Defendant-Officers.
Case 3:10-cv-50120 Document 1 Filed 05/11/10 Page 1 of 6
 
2
Facts
9.On or about November 9, 2008, at approximately 7:30 p.m., Plaintiff was stopped by McHenry County Sheriff’s Deputy Falb for an alleged headlight violation.10.Unbeknownst to Plaintiff, his Texas driver’s license was revoked because of speeding tickets he received in Illinois.11.Plaintiff had a Texas driver’s license because that is where he lived after he washonorably discharged from the armed forces of the United States.12.Because his license was revoked, Plaintiff was arrested.13.Deputy Falb told Plaintiff that he would be processed at the McHenry County Jailfor the revoked license and would be released within an hour.14.Plaintiff’s wife, who was in the car with Plaintiff, was allowed to drive the cahome.15.Plaintiff’s wife called Plaintiff’s brother, Ivan, to go pick up Plaintiff at theMcHenry County Jail.16.Deputy Falb transported Plaintiff to the McHenry County Jail where she turnedPlaintiff over to booking officers.17.At approximately 8:00 p.m., Plaintiff was received by Defendants PAGETT,GROCHOWSKI and LOYD.18.The first question that the Defendant-Officers asked Plaintiff was where he was born and was “legal” or illegal.”19.Plaintiff told the Defendant-Officers that he was born in Mexico but was a UnitedStates citizen.20.The Defendant-Officers told Plaintiff that since he was not born in the UnitedStates, he would be detained on an immigration hold.21.Plaintiff again told the Defendant-Officers that he was a United States citizen andhad his military identification card with him.22.The Defendant-Officers ignored Plaintiff and placed him into a holding cell.23.Defendant-Officers did not have any valid basis to believe that Plaintiff wasviolating the immigration laws.24.About an hour after Plaintiff was placed into the holding cell, Ivan arrived at theMcHenry County Jail.
Case 3:10-cv-50120 Document 1 Filed 05/11/10 Page 2 of 6
 
325.The Defendant-Officers told Ivan that Plaintiff was incarcerated based on animmigration hold and could not be bonded out of the McHenry County Jail.26.Ivan told the Defendant-Officers that Plaintiff was a United States citizen and provided the Defendant-Officers with a copy of Plaintiff’s certificate of naturalization.27.The Defendant-Officers ignored Ivan.28.Plaintiff was incarcerated in the McHenry County Jail overnight because of Defendants beliefs about his immigration status.29.On November 10, 2008, at approximately 7:15 a.m., Plaintiff was released fromthe McHenry County Jail.30.Each individual Defendant-Officer acted willfully and wantonly, maliciously, andwith a conscious disregard and deliberate indifference to Plaintiff’s rights.31.As a direct and proximate result of the acts of the Defendants described above,Plaintiff suffered damages including loss of physical liberty, emotional distress and pecuniarydamages including lost wages.
COUNT I(42 U.S.C. § 1983 – False Arrest/False Imprisonment)
32.Plaintiff realleges paragraphs 1 through 31 as if fully set forth herein.33.Defendant-Officers imprisoned Plaintiff for immigration violations.34.Defendant-Officers did not have an arrest warrant, probable cause, or any othelegal justification to imprison Plaintiff.35.The imprisonment of Plaintiff without any legal justification or probable causeviolated his Fourth Amendment right, as guaranteed by the Fourteenth Amendment, to be freefrom unreasonable seizures.WHEREFORE, Plaintiff asks that this Honorable Court:a)Enter judgment against Defendant-Officers, b)Award Plaintiff compensatory and punitive damages,c)Award attorneysfees and costs, andd)Award any further relief that this Honorable Court deems just and equitable.
Case 3:10-cv-50120 Document 1 Filed 05/11/10 Page 3 of 6

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