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Benson et al v. Chicago et al - Amended Complaint

Benson et al v. Chicago et al - Amended Complaint

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Published by: jpr9954 on Aug 17, 2010
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11/10/2012

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IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF ILLINOISEASTERN DIVISIONBRETT BENSON, RAYMOND SLEDGE, )KENNETH PACHOLSKI, KATHRYN TYLER, )MICHAEL HALL SR., RICK PERE, )and the ILLINOIS ASSOCATION OF )FIREARMS RETAILERS, ) FILED: August 13, 2010))Plaintiffs, ))v. ) Civil Action No. 10-04184) Judge Ronald A. GuzmanTHE CITY OF CHICAGO and ) Magistrate Judge Geraldine SoatRICHARD M. DALEY, Mayor of the ) BrownCity of Chicago, ))Defendants. )FIRST AMENDED COMPLAINTFOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF
Plaintiffs RAYMOND SLEDGE, BRETT BENSON, KATHRYN TYLER, KENNETHPACHOLSKI, MICHAEL HALL SR., RICK PERE, and the ILLINOIS ASSOCIATION OFFIREARMS RETAILERS, by and through their attorneys, for their complaint againstDefendants CITY OF CHICAGO and RICHARD M. DALEY, Mayor, state as follows:
INTRODUCTION
1.
 
This is an action to vindicate the federal constitutional rights of residents of Chicago, Illinois, to keep and bear arms under the Second and Fourteenth Amendments to theUnited States Constitution.2.
 
The Supreme Court has unequivocally declared that the Second Amendment“guarantee[s] the individual right to possess and carry” arms.
 District of Columbia v. Heller 
, 128
Case 1:10-cv-04184 Document 24 Filed 08/13/10 Page 1 of 19
 
2S. Ct. 2783, 2797 (2008). In particular,
 Heller 
struck down a ban on the possession of handguns,“the most popular weapon chosen by Americans for self-defense in the home.”
 Id.
at 2818. TheCity of Chicago (“the City”) has long denied this fundamental right to its citizens, banning, as of 1982, all possession of handguns for any purpose whatsoever. In
 McDonald v. City of Chicago
,130 S. Ct. 3020 (2010), the Supreme Court made clear that, like other fundamental constitutionalrights, the right to keep and bear arms is protected against infringement by state and localgovernments. Accordingly, the City’s total ban on handgun possession was patentlyunconstitutional.3.
 
As the Supreme Court has noted, the City views the Second Amendment as “asecond-class right,”
id.
at 3044 (plurality opinion), to be “singled out for … speciallyunfavorable [] treatment,”
id.
at 3043 (majority opinion). Thus, in the wake of 
 McDonald 
, theCity promptly enacted an ordinance imposing a host of new restrictions that have the purposeand effect of preventing Plaintiffs and other law-abiding residents of Chicago from exercisingtheir fundamental right to keep and bear firearms for self-defense and other lawful purposes.
PARTIES
4.
 
Plaintiff Brett Benson is a resident of Chicago and a citizen of the United States.5.
 
Plaintiff Raymond Sledge is a resident of Chicago and a citizen of the UnitedStates.6.
 
Plaintiff Kenneth Pacholski is a resident of Chicago and a citizen of the UnitedStates.7.
 
Plaintiff Kathryn Tyler is a resident of Chicago and a citizen of the United States.8.
 
Plaintiff Michael Hall Sr. is a resident of Chicago and a citizen of the United States.
Case 1:10-cv-04184 Document 24 Filed 08/13/10 Page 2 of 19
 
39.
 
Plaintiff Rick Pere is a resident of Round Lake, Illinois, and a citizen of the UnitedStates.10.
 
The Illinois Association of Firearms Retailers (“ILAFR”) is a non-profit entityorganized under the law of Illinois and Section 501(c)(6) of the Internal Revenue Code topromote the interests of the firearms retail industry and the protection of Second Amendmentrights. Its principal place of business is in Carbondale, Illinois. Its members engage in the saleof firearms, the operation of shooting ranges, and the operation of combined retailoperations/firing ranges in Illinois.11.
 
Defendant City of Chicago is a political subdivision of the State of Illinois.12.
 
Defendant Richard M. Daley is the Mayor of Chicago, which is his principalplace of business, and he is sued in his official capacity.13.
 
The City of Chicago, Mayor Daley, and their officers, agents, and employees willsometimes hereafter be referred to as “Defendants.”
JURISDICTION
 14.
 
This action seeks relief pursuant to 28 U.S.C. §§ 2201 and 2202, and 42 U.S.C. §§1983 and 1988. Therefore, jurisdiction is founded on 28 U.S.C. § 1331 in that this action arisesunder the Constitution and laws of the United States, and under 28 U.S.C. § 1343(3), in that thisaction seeks to redress the deprivation, under color of law, of rights secured by the United StatesConstitution.15.
 
Venue is proper in this district pursuant to 28 U.S.C. § 1391(b).
Case 1:10-cv-04184 Document 24 Filed 08/13/10 Page 3 of 19

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