Case 3:10-cv-50120 Document 1 Filed 05/11/10 Page 1 of 6

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION

EDWARD BUSTOS, )
)
Plaintiff, ) No.
)
vs. ) Judge
) Magistrate Judge
McHENRY COUNTY, )
KEITH NYGREN, )
McHenry County Sheriff Deputies )
NEIL PAGETT, ) Jury Demand
JASON 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 and
1343(a).
3. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b), in that the claims
arose 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 United
States citizen who served in the United States Military.
6. Defendant-Officers are duly appointed and sworn McHenry County Sheriff’s
deputies. At all times relevant to this Complaint, the Defendant-Officers were acting in the
course 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 the
employer and principal of the Defendant-Officers.
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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 Unbeknownst to Plaintiff, his Texas driver’s license was revoked because of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 was
honorably 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 Because his license was revoked, Plaintiff was arrested.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 Jail
for 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 car
home.
15. Plaintiff’s wife called Plaintiff’s brother, Ivan, to go pick up Plaintiff at the
McHenry County Jail.
16. Deputy Falb transported Plaintiff to the McHenry County Jail where she turned
Plaintiff 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 United
States citizen.
20. The Defendant-Officers told Plaintiff that since he was not born in the United
States, he would be detained on an immigration hold.
21. Plaintiff again told the Defendant-Officers that he was a United States citizen and
had 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 was
violating the immigration laws.
24. About an hour after Plaintiff was placed into the holding cell, Ivan arrived at the
McHenry County Jail.

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25. The Defendant-Officers told Ivan that Plaintiff was incarcerated based on an
immigration 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 from
the McHenry County Jail.
30. Each individual Defendant-Officer acted willfully and wantonly, maliciously, and
with 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 pecuniary
damages 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 other
legal justification to imprison Plaintiff.
35. The imprisonment of Plaintiff without any legal justification or probable cause
violated his Fourth Amendment right, as guaranteed by the Fourteenth Amendment, to be free
from unreasonable seizures.
WHEREFORE, Plaintiff asks that this Honorable Court:
a) Enter judgment against Defendant-Officers,
b) Award Plaintiff compensatory and punitive damages,
c) Award attorneys’ fees and costs, and
d) Award any further relief that this Honorable Court deems just and equitable.

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COUNT II
(42 U.S.C. § 1983 – Failure to Intervene)

36. Plaintiff realleges paragraphs 1 through 31 as if fully set forth herein.

37. While Plaintiff was subjected to false imprisonment described above, Defendant-
Officers had an opportunity to intervene, but chose not to intervene.
38. Defendant-Officers were deliberately indifferent to Plaintiff’s right to be free from
unreasonable seizures.
WHEREFORE, Plaintiff asks that this Honorable Court:
a) Enter judgment against Defendant-Officers,
b) Award Plaintiff compensatory and punitive damages,
c) Award attorneys’ fees and costs, and
d) Award any further relief that this Honorable Court deems just and equitable.

COUNT III
(42 U.S.C. § 1983 – Substantive Due Process, Egregious Abuse of Power)

39. Plaintiff realleges paragraphs 1 through 31 as if fully set forth herein.

40. The Defendant-Officers arrested and incarcerated Plaintiff because he was not
born in the United States.
41. Plaintiff provided the Defendant-Officers a military identification card and
Plaintiff’s brother brought Plaintiff’s certificate of citizenship to the McHenry County Jail. The
Defendant-Officers still arrested and incarcerated Plaintiff on an “immigration hold.”
42. Defendant-Officers conduct was an egregious arbitrary abuse of government
power that shocks the conscience.
WHEREFORE, Plaintiff asks that this Honorable Court:
a) Enter judgment against Defendant-Officers,
b) Award Plaintiff compensatory and punitive damages,
c) Award attorneys’ fees and costs, and
d) Award any further relief that this Honorable Court deems just and equitable.

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COUNT IV
(42 U.S.C. § 1983 – Monell Claim against KEITH NYGREN)

43. Plaintiff realleges all of the above paragraphs and counts, as if fully set forth
herein.
44. At all relevant times, the McHenry County Sheriff had a police of detaining
persons for immigration reason who they thought were not United States citizens and/or were not
born in the United States.
45. The actions of the McHenry County Sheriff’s deputies as alleged in this
Complaint were done pursuant to, and as a result of the above practices, policies and customs.
46. Defendant KEITH NYGREN is has final policy-making authority and is
responsible for the above-described policies, practices and customs.
47. The practices, policies and customs described above are widespread, permanent
and well-settled, and were known, or should have been known, to the policy-makers of the
McHenry County Jail.
48. KEITH NYGREN acted with deliberate indifference in maintaining, overlooking
and preserving the unconstitutional practices, policies and customs delineated above.
49. By his inaction and failure to correct the above-described practices, policies and
customs, KEITH NYGREN tacitly approved and thus indirectly authorized the type of
misconduct Plaintiff complains of herein.
WHEREFORE, Plaintiff asks that this Honorable Court:
a) Enter judgment against KEITH NYGREN;
b) Award Plaintiff compensatory damages, as determined at trial;
c) Award Plaintiff attorney’s fees and costs;
d) Award such other and additional relief that this Honorable Court deems just and
equitable.

COUNT V
(Indemnification Claim pursuant to 745 ILCS 10/9-102)

50. The acts of the Defendant-Officers described in the above claims were willful and
wanton, and committed in the scope of employment.

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51. Pursuant to the Illinois Tort Immunity Act, 745 ILCS 10/9-102, Defendant
McHENRY COUNTY is liable for any judgments in this case arising from the Defendant-
Officers’ actions.
WHEREFORE, Plaintiff asks that this Honorable Court order Defendant McHENRY to
indemnify the Defendant-Officers for any judgment entered in this case arising from their
actions.

Jury Trial Demanded

Respectfully submitted,

/s/ Lawrence V. Jackowiak

Counsel for the Plaintiff

Lawrence V. Jackowiak
Law Offices of Lawrence V. Jackowiak
20 North Clark Street, Suite 1700
Chicago, Illinois 60602
(312) 795-9595