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Case: 1:15-cv-10310 Document #: 1 Filed: 11/13/15 Page 1 of 12 PageID #:1

THE UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
VERNON RANDOLPH, III

)
)
)
Plaintiff,
)
v.
)
)
)
ESTATE OF CHARLES JOSEPH
)
GLINIEWICZ; THE VILLAGE OF
)
FOX LAKE; MAYOR DONNY
)
SCHMIT; and Former POLICE CHIEF )
MICHAEL BEHAN
)
)
Defendants.
)

NO.

COMPLAINT AT LAW

NOW COMES the Plaintiff, VERNON RANDOLPH, III, by and through his
attorneys, OCONNOR LAW FIRM, LTD., and alleges the following against the
ESTATE OF CHARLES JOSEPH GLINIEWICZ (hereinafter GLINIEWICZ), THE
VILLAGE OF FOX LAKE (hereinafter FOX LAKE) ; MAYOR DONNY SCHMIT
(hereinafter MAYOR SCHMIT)., and former POLICE CHIEF MICHAEL BEHAN
(hereinafter CHIEF BEHAN) for the reasons set forth below:

JURISDICTION
1.

The jurisdiction of the court is invoked pursuant to the Civil Rights Act of

1871, 42 U.S.C. 1983; the Judicial Code, 28 U.S.C. 1331, 1343, and 1391(b); the
Constitution of the United States; and this Courts supplementary jurisdiction powers
pursuant to 28 U.S.C. 1367.

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2.

Defendants are residents of the State of Illinois. The acts complained of in

this complaint occurred in the Village of Fox Lake, Illinois. Accordingly, venue is
proper in the United States District Court for the Northern District of Illinois pursuant to
28 U.S.C. 1391.
JURY DEMAND
PLAINTIFF demands trial by jury.

PARTIES
3.

Plaintiff, VERNON RANDOLPH, III, is a resident of the State of Illinois and

of the United States.


4.

Defendant, GLINIEWICZ , was a resident of the State of Illinois and of the

United States.
5.

Defendant, GLINIEWICZ, was at all times relevant hereto employed by the

Fox Lake Police Department and acting on behalf of THE VILLAGE OF FOX LAKE.
6.

At all times material to this Complaint, GLINIEWICZ, was acting under

color of state law, ordinance and/or regulation, statutes, custom and usages of the
VILLAGE OF FOX LAKE and the State of Illinois. At all relevant times, GLINIEWICZ
was acting under color of state law in his official capacity and in his individual capacity.
7.

CHIEF BEHAN was at all times relevant hereto employed by and acting on

behalf of THE VILLAGE OF FOX LAKE as the Chief of Police.


8.

MAYOR SCHMIT was at all times relevant hereto employed by and acting on

behalf of the THE VILLAGE OF FOX LAKE.


9.

At all times material to this Complaint, CHIEF BEHAN and MAYOR

DONNY SCHMIT were acting under color of state law, ordinance and/or regulation,
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statutes, custom and usages of THE VILLAGE OF FOX LAKE and the State of Illinois.
At all relevant times, CHIEF BEHAN and MAYOR DONNY SCHMIT were acting
under color of state law in their official capacity and in their individual capacities

FACTUAL SUMMARY
10.

VERNON RANDOLPH III, was an African American in a predominately

caucasian neighborhood and was targeted because of his race.


11.

On or about October of, 2014, VERNON RANDOLPH III, was returning to

his residence at 131 Forest Avenue, Fox Lake, IL from dropping off his academic
transcripts at McHenry County College so he could remain eligible to play basketball.
12.

Plaintiff was in front of his residence when GLINIEWICZ pulled him over

without reasonable belief that Plaintiff had engaged in or was about to engage in criminal
activity and proceeded to perform an illegal search on his vehicle. At such time, he
dumped out Plaintiffs backpack and asked him where the drugs were. Plaintiff
informed GLINIEWICZ that he did not have any drugs.
13.

When GLINIWEICZ did not locate any drugs, he asked Plaintiff who he knew

that had drugs and told him that he better give him a name. At that time, Plaintiff
informed GLINIEWICZ that he did not know anyone that had drugs.
14.

GLINIEWICZ threatened he would be watching Plaintiff and if he did not

make something happen for him, he would make something happen to him and that
he would be watching him.
15.

Approximately two weeks later plaintiff was at a gas station near his residence

when GLINIWEICZ approached the Plaintiffs vehicle and again performed an illegal

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search of plaintiffs vehicle asking where his drugs were and if he had gotten him any
information yet.
16.

Plaintiff informed GLINIWEICZ again that he did not know anyone with

drugs. At that time, GLINIEWICZ again threatened Plaintiff that he would make
something happen to him if he did not get him information.
17.

Over the next few months, GLINIEWICZ proceeded to harass and intimidate

Plaintiff by pulling him over and/or making hand gestures that he was watching him even
though the Plaintiff had never committed a crime and GLINIEWICZ did not have
probable cause.
18.

Plaintiff s daughter went to school at Lotus Elementary School in Fox Lake,

Illinois and he would take her to the bus stop each day.
19.

There were two white men that also took their children to this same bus stop

on a daily basis.
20.

GLINIEWICZ was frequently in the vicinity of the bus stop and aware of

Plaintiff and the other two individuals that were there regularly with their children.
21.

On September 1, 2015, GLINIWEICZ, as a member of the Fox Lake Police

Department, fabricated evidence that a crime was being committed.


22.

As a result of his fabrication, the Plaintiff was targeted as a suspect in this

fictitious crime.
23.

During the investigation into GLINIEWICZs fictitious crime, Plaintiff was

surrounded by ATF agents with guns pointed at him and his child and was subject to
search and interrogation.

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24.

Plaintiff was also subjected to a search of his home and DNA swabbing based

on GLINIEWICZs fictitious crime based solely on his race.


25.

Plaintiff had been subjected to months of intimidation, harassment and threats

by GLINIEWICZ and after GLINIEWICZs death was fearful he could be wrongfully


charged with GLINIEWICZs fictitious murder.
26.

Plaintiffs Fourth and Fourteenth Amendment rights were consistently and

continuously violated by the acts of GLINIEWICZ.


27.

GLINIEWICZ had a history of misconduct and violation of policies and

procedures.
28.

The VILLAGE OF FOX LAKE, MAYOR SCHMIT and CHIEF BEHAN

had actual knowledge of a pattern and practice of GLINIWEICZs misconduct, and


violation of policies involving police misconduct. The VILLAGE OF FOX LAKE,
MAYOR SCHMIT and CHIEF BEHAN, through its direct and/or indirect actions
acquiesced and/or promoted such conduct by its officers when they knew or reasonably
should have known was continuous and escalating.
29.

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

omissions of GLINIEWICZ, THE VILLAGE OF FOX LAKE, MAYOR SCHMIT and


CHIEF BEHAN , the PLAINTIFF was caused to suffer damages.

Count I
ILLEGAL SEARCH AND SEIZURE AGAINST THE ESTATE OF
CHARLES JOSEPH GLINIEWICZ
PURSUANT TO 42 U.S.C. 1983 AND THE FOURTH AND/OR FOURTEENTH
AMENDMENT TO THE U.S. CONSTITUTION

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1-29. PLAINTIFF adopts and re-alleges paragraphs 1-29 of this Complaint as


paragraphs 1-29 of Count I as though fully set forth herein.
30.

The Fourth Amendment prohibits police officers from conducting stops and

searches without a reasonable, articulable suspicion of criminal conduct and/or probable


cause.
31.

GLINIEWICZ, under color of the law and as a member of the Village of Fox

Lake police department , repeatedly pulled Plaintiff over and performed searches of his
vehicle without permission, reasonable suspicion of criminal activity or probable cause.
32.

GLINIEWICZ, under color of the law and as a member of the Village of Fox

Lake police department, reported a fictitious crime or criminal activity to other members
of the police department which led to unreasonable search and detention of the plaintiff
after GLINIEWICZs death.
33.

GLINIEWICZ acted in deliberate indifference to Plaintiffs Fourth and/or

Fourteenth Amendment rights. As a direct and proximate result of the aforesaid acts of
GLINIEWICZ, violated Plaintiffs rights.
34.

As a direct and proximate result of those constitutional abuses, Plaintiff has

suffered and will continue to suffer mental and emotional pain and suffering and mental
anguish.
35.

The acts of GLINIEWICZ were intentional, wanton, and malicious and

therefore entitle Plaintiff to an award of Punitive damages.

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Count II
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AGAINST THE
ESTATE OF CHARLES JOSEPH GLINIEWICZ PURSUANT TO 42 U.S.C.
1983 AND THE FOURTH AND/OR FOURTEENTH AMENDMENT TO THE U.S.
CONSTITUTION

1.-35.

PLAINTIFF adopts and re-alleges paragraphs 1-35 of this Complaint as

paragraphs 1-35 of Count II as though fully set forth herein.


36.

GLINIEWICZs conduct in conducting illegal searches, intimidation through

verbal threats and hand gestures, was extreme, outrageous and intended to harass and
oppress the Plaintiff.
37.

GLINIEWICZs conduct, described above, was intended to and did cause

severe emotional distress to Plaintiff.


38.

The conduct of GLINIEWICZ was a direct and proximate cause of injury and

damage to Plaintiff and violated his rights under the Fourth and/or Fourteenth amendment
to the Constitution.
39.

As a direct and proximate result of those constitutional abuses, Plaintiff has

suffered and will continue to suffer mental and emotional pain and suffering and mental
anguish.
40.

The acts of GLINIEWICZ were intentional, wanton, malicious and therefore

entitle Plaintiff to an award of Punitive damages


Count III
FALSIFYING EVIDENCE THE ESTATE OF CHARLES JOSEPH
GLINIEWICZ PURSUANT TO 42 U.S.C. 1983 AND THE FOURTH AND/OR
FOURTEENTH AMENDMENT TO THE U.S. CONSTITUTION
1-40. PLAINTIFF adopts and re-alleges paragraphs 1-40 of Counts I and II of this
Complaint as paragraphs 1-40 of Count III as though fully set forth herein.

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41.

GLINIEWICZs conduct in falsifying a report that he was in pursuit of a black

male and two white males was a fabricated story intended to frame the Plaintiff and/or
another innocent African American male for a fictitious crime and cover up his own
criminal activity and suicide.
42.

The conduct of GLINIEWICZ was a direct and proximate cause of injury and

damage to Plaintiff and violated his rights under the Fourth and/or Fourteenth amendment
to the Constitution.
43.

As a direct and proximate result of these constitutional abuses, Plaintiff has

suffered and will continue to suffer mental and emotional pain and suffering and mental
anguish.
44.

The acts of GLINIEWICZ were intentional, wanton, malicious and therefore

entitle Plaintiff to an award of Punitive damages.


Count IV
745 ILCS 10/9-102 INDEMNIFICATION CLAIM AGAINST THE VILLAGE OF
FOX LAKE

1-44. PLAINTIFF adopts and re-alleges paragraphs 1-44 of Counts I through III of
this Complaint as paragraphs 1-44 of Count IV as though fully set forth herein.
45.

In the event that any individual defendant is found liable for their actions

Performed in the course of their employment, THE VILLAGE OF FOX LAKE must
indemnify such employee for this verdict pursuant to 745 ILCS 10/2-302.

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Count V
VIOLATION OF f 42. U.S.C. 1983 RACIAL PROFILING/EQUAL
PROTECTION AGAINST THE VILLAGE OF FOX LAKE

1-45. PLAINTIFF adopts and re-alleges paragraphs 1-45 of Counts I through IV of


this Complaint as paragraphs 1-44 of Count V as though fully set forth herein.
In the event that any individual defendant is found liable for their actions
Performed in the course of their employment, THE VILLAGE OF FOX LAKE must
indemnify such employee for this verdict pursuant to 745 ILCS 10/2-302.
46.

VERNON RANDOLPH, III is an African American male and is part of a

suspect class and was singled out due to his race and subject to Police Harassment,
intimidation and illegal search and seizures due to his race in violation of the Equal
Protection clause of the United States Constitution.
COUNT VI
VIOLATION OF f 42. U.S.C. 1983 - MONELL CLAIM AGAINST THE
DEFENDANTS, THE VILLAGE OF FOX LAKE, MAYOR DONNY SCHMIT
AND THE POLICE CHIEF MICHAEL BEHAN

1-46 Plaintiff adopts and re-alleges paragraphs 1-46 of Counts I through VI as


paragraphs 1-46 of Count VI as though fully set forth herein.
47.

This count is brought pursuant to the 42. U.S.C. 1983 and the Constitution of

the United States.


48.

Defendants, THE VILLAGE OF FOX LAKE, MAYOR DONNY SCHMIT

and former POLICE CHIEF MICHAEL BEHAN had knowledge of a pattern and
practice of misconduct, violation of department policy, rules, regulations and procedures.
49.

Defendants, THE VILLAGE OF FOX LAKE, MAYOR DONNY SCHMIT

and former POLICE CHIEF MICHAEL BEHAN, perpetuated, tolerated and fostered the
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pattern of misconduct, violation of department policy, rules, regulations and procedures


by refusing and failing to take corrective actions allowing GLINIEWICZs conduct to
continue.
50.

Defendants, THE VILLAGE OF FOX LAKE, MAYOR DONNY SCHMIT

and former POLICE CHIEF MICHAEL BEHANs acceptance of the pattern and practice
of GLINIEWICZs misconduct and violation of department policy, rules, regulations and
procedures created a practice, although not written or express municipal policy, so
widespread, permanent and settled that it constituted an acceptance and custom or usage
within the Village of Fox Lake Police Department.

COUNT VI
VIOLATION OF 42. U.S.C. 1983 NEGLIGENT SUPERVISION,
TRAINING AND RETENTION AGAINST DEFENDANTS, THE
VILLAGE OF FOX LAKE, MAYOR DONNY SCHMIT AND THE
FORMER POLICE CHIEF MICHAEL BEHAN
1-50 Plaintiff adopts and re-alleges paragraphs 1-50 of Counts I through V as
paragraphs 1-50 of Count VI as though fully set forth herein.
51.

THE VILLAGE OF FOX LAKE, MAYOR DONNY SCHMIT and former

POLICE CHIEF MICHAEL BEHAN owed a duty of care to hire only qualified
employees for the tasks they were assigned train them properly in the performance of
their duties and provide proper supervision and guidance to their employees in their
assigned duties.
52.

THE VILLAGE OF FOX LAKE, MAYOR DONNY SCHMIT and former

POLICE CHIEF MICHAEL BEHAN allowed GLINIEWICZ to remain on the Village of


Fox Lake Police department knowing the extent of his misconduct and/or disregard for
the departments policies regarding police misconduct.
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53.

On or about February 1, 2009, members of the Fox Lake Police Department

wrote an open letter to the Mayor of the VILLAGE OF FOX LAKE outlining the
misconduct of GLINIEWICZ which evidenced Former POLICE CHIEF MICHAEL
BEHANs knowledge of this misconduct and indifference and lack of corrective action.
54.

By allowing the misconduct of GLINIEWICZ to continue for years, THE

VILLAGE OF FOX LAKE, MAYOR DONNY SCHMIT and the former POLICE
CHIEF MICHAEL BEHAN breached their duty to train, supervise and retain only
qualified officers.
55.

As a proximate result of that conduct, VERNON RANDOLPH, III was

subjected to consistent violations of his Fourth and Fourteenth Amendment rights.


WHEREFORE, Plaintiff, VERNON RANDOLPH, III, demands
Compensatory damages, from THE ESTATE OF CHARLES JOSEPH GLINIEWICZ,
THE VILLAGE OF FOX LAKE, MAYOR DONNY SCHMIT and the former POLICE
CHIEF MICHAEL BEHAN, jointly and severally. Plaintiff, VERNON RANDOLPH,
III, further demands Punitive damages, costs and attorneys fees and any additional relief
this Court deems equitable and just against THE ESTATE OF CHARLES JOSEPH
GLINIEWICZ, THE VILLAGE OF FOX LAKE, MAYOR DONNY SCHMIT and the
former POLICE CHIEF MICHAEL BEHAN, jointly and severally.

Respectfully Submitted,
/s/ Kevin OConnor
Attorney for Plaintiff

Dated: 11/13/15

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Kevin OConnor
OConnor Law Firm, Ltd.
19 S. LaSalle, Suite 1400
Chicago, IL 60603
312-906-7609
312-906-7615
ARDC #6216627
koconnor@koconnorlaw.com

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