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Case: 1:14-cv-02100 Document #: 1 Filed: 03/25/14 Page 1 of 7 PageID #:1

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ABDUL ELIJAH MEMMINGER, ) ) Plaintiff, ) ) vs. ) ) EVANSTON POLICE OFFICERS JOHN DOE ) AND RICHARD ROES, SKOKIE POLICE ) OFFICERS PETER POES, THE CITY OF ) EVANSTON AND THE VILLAGE OF ) SKOKIE, ) ) Defendants. ) COMPLAINT JURISDICTION 1. The jurisdiction of the court is invoked pursuant to the Civil Rights Act, 42 U.S.C. 1983; the judicial code, 28 U.S.C. 1331 and 1343(a); and supplementary jurisdiction, as codified in 28 U.S.C. 1367(a). PARTIES 2. Plaintiff Abdul Elijah Memminger is an African American resident of Skokie, Illinois. 3. Defendant John Doe was, at the time of this occurrence, a duly appointed and sworn police officer with the City of Evanston. He was acting under color of state law, ordinance and/or regulation. He is sued in his individual capacity. 4. Defendants Richard Roes, were at the time of this occurrence, duly appointed and sworn police officers with the City of Evanston. They were acting under color of state law,

No. Judge Magistrate

Jury Demand

Case: 1:14-cv-02100 Document #: 1 Filed: 03/25/14 Page 2 of 7 PageID #:2

ordinance and/or regulation. They are sued in their individual capacities. 5. Defendants Peter Poes, were at the time of this occurrence, duly appointed and sworn police officers with the Village of Skokie. They are sued in their individual capacities. 6. Defendant City of Evanston is a municipal corporation, duly incorporated under the laws of the State of Illinois, and is the employer and principal of the defendant police officers John Doe and Richard Roes. 7. The Defendant Village of Skokie is a municipal corporation, duly incorporated under the laws of the State of Illinois, and is the employer and principal of the defendant police officers Peter Poes. FACTS 8. On March 1, 2014, Plaintiff was walking in Skokie Illinois when he was confronted, threatened at gun point and later chased by defendant Doe. 9. Plaintiff was subsequently hit in his head by defendant Doe with the butt of his gun. 10. After this attack by defendant Doe, Plaintiff ran to avoid further injuries and was caught by defendant Doe in the vicinity of 8022 Kimball Street in Skokie, Illinois and again hit in his head by defendant Doe with the butt of his gun. 11. Defendants Roes and Poes arrived at the scene of 8022 Kimball Street, and they kicked and physically struck the Plaintiff or failed to intervene to stop said physical contact despite having the opportunity to do so. 12. Defendants Doe, Roes and Poes handcuffed Plaintiff. 13. As result of the physical attacks, Plaintiff was rushed to the hospital in an ambulance, where he needed to have an operation to put a plate in the left side of his head and plastic surgery

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to repair a tear to his right eye. 14. Plaintiff was hospitalized for several days to treat these serious and potentially life threatening injuries and he continues to need medical attention, care and treatment. 15. Plaintiff was not charged with any criminal offenses or violations of the law. 16. As a direct and proximate result of the Defendant Officers actions, as detailed above, Plaintiff suffered, inter alia, loss of freedom, severe bodily injury, pain and suffering, extreme mental distress, anguish and humiliation, and was forced to seek medical attention and incur on-going medical bills and costs. COUNT I [42 U.S.C. 1983 Claim for Excessive Force/Failure to Intervene] 17. Plaintiff realleges paragraphs 1 through 16. 18. The acts of Defendants Doe, Poes and Roes in hitting Plaintiff with a gun on his head, kicking and/or physically striking him and/or failing to prevent such physical abuse violated Plaintiffs rights under the Fourth Amendment to the United States Constitution to be secure in his person, papers and effects against unreasonable searches and seizures, and his right to due process under the Fourteenth Amendment to the United States Constitution, and thus violated 42 U.S.C. 1983. 19. The actions of Defendants Doe, Poes and Roes were the direct and proximate cause of the violations of Plaintiff's Fourth Amendment rights, his injuries, mental suffering, anguish and humiliation, and expenses, as set forth more fully above. WHEREFORE, Plaintiff demands compensatory damages against Defendants Doe, Poes and Roes, and because they acted maliciously, wantonly, or oppressively, punitive

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damages, plus the costs of this action, attorneys fees and such other and additional relief as this Court deems equitable and just. COUNT II [State Law Claim for Battery] 20. Plaintiff realleges paragraphs 1 through 16. 21. The acts of Defendants Doe, Roes and Poes as set forth above constituted battery under the laws of the State of Illinois. Further, such acts directly and proximately caused Plaintiffs injuries, pain and suffering, and severe emotional distress as alleged above. WHEREFORE, Plaintiff seeks compensatory damages against Defendants Doe, Roes and Poes. Additionally, because Defendants Doe, Roes and Poes acted maliciously, wilfully, wantonly, or oppressively, Plaintiff demands punitive damages from defendant Doe, Roes and Poes. Plaintiff also demands costs and whatever additional relief this Court deems equitable and just. COUNT III [State Law Claim for Intentional Infliction of Emotional Distress] 22. Plaintiff realleges paragraphs 1 through 21. 23. The conduct and actions of Defendants Doe, Roes, and Poes, as set forth above, were extreme and outrageous, were done intentionally, wilfully and wantonly, and/or knowing there was a high probability that their conduct would cause Plaintiff severe emotional distress as set forth above. 24. As a direct and proximate result of Defendants Doe, Roes, and Poes extreme and outrageous conduct, Plaintiff was injured and experienced severe emotional distress constituting intentional infliction of emotional distress under Illinois State law.

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WHEREFORE, Plaintiff demands compensatory damages against Defendants Doe, Roes and Poes plus the costs of this action and such other and additional relief as this Court deems just. COUNT IV [Claim for Respondeat Superior Against Defendant City of Evanston] 25. Plaintiff realleges paragraphs 1 through 16 and 20 through 24. 26. Defendants Doe and Roes were, at all times material to this complaint, employees and agents of the defendant City of Evanston, were acting within the scope of their employment, and their acts which violated state law are directly chargeable to the Defendant City of Evanston under state law pursuant to respondeat superior. WHEREFORE, Plaintiff demands judgment for compensatory damages against the City of Evanston, plus the costs of this action and whatever additional relief this Court deems equitable and just. COUNT V [Claim for Respondeat Superior Against Defendant Village of Skokie] 27. Plaintiff realleges paragraphs 1 through 16 and 20 through 24. 28. Defendants Poes were, at all times material to this complaint, employees and agents of the Defendant Village of Skokie, were acting within the scope of their employment, and their acts which violated state law are directly chargeable to the Defendant Village of Skokie under state law pursuant to respondeat superior. WHEREFORE, Plaintiff demands judgment for compensatory damages against the Village of Skokie, plus the costs of this action and whatever additional relief this Court deems equitable and just.

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COUNT VI [745 ILCS 10/9-102 Claim Against Defendant City of Evanston] 29. Plaintiff realleges paragraphs 1 through 26. 30. Defendant City of Evanston was the employer of Defendants Doe and Roes at all times relevant to this complaint. 31. Defendants Doe and Roes committed the acts alleged above under color of law and in the scope of their employment as employees of the City of Evanston. WHEREFORE, Plaintiff, pursuant to 745 ILCS 10/9-102, demands judgment against the Defendant City of Evantson in the amounts awarded to the Plaintiff against Defendants Doe and Roes and/or for any settlement entered into between the Plaintiff and Defendants Doe and Roes and for whatever additional relief this Court deems equitable and just. COUNT VII [745 ILCS 10/9-102 Claim Against Defendant Village of Skokie] 32. Plaintiff realleges paragraphs 1 through 24 and 27 through 28. 33. Defendant Village of Skokie was the employer of Defendants Poes at all times relevant to this complaint. 34. Defendants Poes committed the acts alleged above under color of law and in the scope of their employment as employees of the Village of Skokie.

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WHEREFORE, Plaintiff, pursuant to 745 ILCS 10/9-102, demands judgment against the Defendant Village of Skokie in the amounts awarded to the Plaintiff against Defendants Poes and/or for any settlement entered into between the Plaintiff and Defendants Poes and for whatever additional relief this Court deems equitable and just.

Respectfully Submitted, Dated: March 25, 2014 /s/ Joey L. Mogul Joey L. Mogul Michael E. Deutsch People's Law Office 1180 N. Milwaukee Chicago, IL 60642 773-235-0070 Attorneys for Plaintiff Plaintiff demands trial by jury