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Case: 1:15-cv-05906 Document #: 1 Filed: 07/03/15 Page 1 of 10 PageID #:1

IN THE UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
DERION YOUNG,

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Plaintiff,
v.
VILLAGE OF MAYWOOD, OFFICER RICE,
OFFICER RANGEL, OFFICER BABICZ and
OFFICER REILLY,
Defendants.

NO.

15 C 5906

JURY TRIAL DEMANDED

COMPLAINT
NOW COMES the Plaintiff, DERION YOUNG, by and through his attorney,
BASILEIOS J. FOUTRIS, and for his Complaint against the Defendants, VILLAGE OF
MAYWOOD, OFFICER RICE, OFFICER RANGEL, OFFICER BABICZ and OFFICER
REILLY, states as follows:
Nature of Action
1.

This action is brought pursuant to the Laws of the United States Constitution,

through 42 U.S.C. 1983 and 42 U.S.C. 1988, to redress deprivations of the Civil Rights of the
Plaintiff by the Defendants in connection with the Plaintiffs July 10, 2014 arrest.
Jurisdiction and Venue
2.

This Court has jurisdiction pursuant to 28 U.S.C. 1331, 28 U.S.C. 1343, and 28

U.S.C. 1367.
3.

At all relevant times, the Plaintiff was a resident of the State of Illinois in this

Judicial District.
4.

The VILLAGE OF MAYWOOD is a municipal corporation located in the State

of Illinois in this Judicial District. At all relevant times, the VILLAGE OF MAYWOOD was the

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employer of Defendants, OFFICER RICE, OFFICER RANGEL, OFFICER BABICZ and


OFFICER REILLY (Defendant Officers). The Defendant Officers were at all relevant times
employed by the VILLAGE OF MAYWOOD as duly appointed police officers in the VILLAGE
OF MAYWOOD acting within the course and scope of their employment and under color of law.
OFFICER RICE, OFFICER RANGEL, OFFICER BABICZ and OFFICER REILLY are all
being sued in their individual capacities with respect to the federal claims.
5.

All the events giving rise to the claims asserted herein occurred within this

Judicial District.
Facts
6.

On July 10, 2014, the Plaintiff was recording the activities of a police officer with

the camera in his cellphone. Due to his recording activities, the Plaintiff was confronted by, and
eventually arrested by, police officers employed by the VILLAGE OF MAYWOOD. The July
10, 2014 arrest was made without a warrant and without probable cause. The Plaintiff was
confronted and arrested by, or his arrest was directly caused, by acts and/or omissions of the
Defendant Officers.
7.

Immediately before he was arrested or was caused to be arrested by the Defendant

Officers, the Plaintiff was not violating any laws, rules or ordinances. As the Plaintiff was being
arrested, he was not violating any laws, rules or ordinances. There was no probable cause or
legal justification to arrest the Plaintiff on July 10, 2014.
8.

At the time of his arrest, without justification, the Plaintiff was beaten by the

Defendant Officers. Also, at the time of his arrest, without justification, the Plaintiff was tased
multiple times by Defendant Officer(s). The Plaintiff posed no threat of danger to the Defendant
Officers immediately before he was beaten or tased, as he was beaten or tased, or after he was

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beaten or tased. The Plaintiff suffered injuries and bodily harm due to the manner in which he
was treated at the time of his arrest. There was no probable cause or legal justification to use the
amount of force utilized by the Defendant Officers. The Plaintiffs conduct before, during and
after his arrest did not warrant the amount of force used by the Defendant Officers.
9.

At the time that the Plaintiff was beaten, tased and arrested, each Defendant

Officer was in close proximity to both the Plaintiff and the other Defendant Officers, and could
have intervened to stop or prevent the use of force, as well as the arrest, but failed to do so.
10.

After arresting, or causing the Plaintiff to be arrested, the Defendant Officers

commenced, or assisted in commencing, criminal proceedings against the Plaintiff. There was no
probable cause or legal justification to commence, or to assist in commencing, criminal
proceedings against the Plaintiff. The criminal proceedings against the Plaintiff were
subsequently resolved in a manner indicative of the Plaintiffs innocence
11.

At the time that the Plaintiff was arrested, the Defendant Officers knew that

there was no probable cause or legal justification to use force, arrest or commence criminal
proceedings against the Plaintiff.
12.

The acts of Defendants were intentional, and/or willful and wanton and/or

negligent.
COUNT I - 42 U.S.C. 1983
Excessive Force DEFENDANT OFFICERS
13.

The Plaintiff re-alleges Paragraphs 1 through 12, inclusive, and incorporates those

Paragraphs herein, as though fully stated as this Paragraph 13.


14.

As described above, the Defendant Officers used excessive force during the arrest

of the Plaintiff.

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15.

The misconduct was undertaken by the Defendant Officers under color of law,

under the course and scope of their employment, was objectively unreasonable, with malice, and
was undertaken intentionally and/or with willful indifference to the Plaintiffs constitutional
rights.
16.

The acts of the Defendant Officers were undertaken in violation of the Plaintiffs

rights as guaranteed by the United States Constitution.


17.

As a direct and proximate result of the acts of the Defendant Officers the Plaintiff

was injured, suffered emotional anxiety, mental trauma, humiliation, fear, stress, pain and
suffering, and other damages.
WHEREFORE, the Plaintiff, DERION YOUNG, prays for judgment in his favor and
against the Defendants, OFFICER RICE, OFFICER RANGEL, OFFICER BABICZ and
OFFICER REILLY, awarding compensatory damages, punitive damages, attorney fees, and
costs against the Defendants, OFFICER RICE, OFFICER RANGEL, OFFICER BABICZ and
OFFICER REILLY, as well as any other relief this Court deems just and appropriate.
COUNT II - 42 U.S.C. 1983
False Arrest DEFENDANT OFFICERS
18.

The Plaintiff re-alleges Paragraphs 1 through 17, inclusive, and incorporates those

Paragraphs herein, as though fully stated as this Paragraph 18.


19.

As described in the preceding paragraphs the conduct of the Defendant Officers,

acting under color of law, constituted an unlawful arrest of the Plaintiff in violation of the United
States Constitution.
20.

The misconduct was undertaken by the Defendant Officers under color of law,

under the course and scope of their employment, was objectively unreasonable, with malice, and

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was undertaken intentionally and/or with willful indifference to the Plaintiffs constitutional
rights.
21.

The acts of the Defendant Officers were undertaken in violation of the Plaintiffs

rights as guaranteed by the United States Constitution.


22.

As a direct and proximate result of the acts of the Defendant Officers the Plaintiff

was injured, suffered emotional anxiety, mental trauma, humiliation, fear, stress, pain and
suffering, and other damages.
WHEREFORE, the Plaintiff, DERION YOUNG, prays for judgment in his favor and
against the Defendants, OFFICER RICE, OFFICER RANGEL, OFFICER BABICZ and
OFFICER REILLY, awarding compensatory damages, punitive damages, attorney fees, and
costs against the Defendants, OFFICER RICE, OFFICER RANGEL, OFFICER BABICZ and
OFFICER REILLY, as well as any other relief this Court deems just and appropriate.
COUNT III - 42 U.S.C. 1983
First Amendment DEFENDANT OFFICERS
23.

The Plaintiff re-alleges Paragraphs 1 through 22, inclusive, and incorporates those

Paragraphs herein, as though fully stated as this Paragraph 23.


24.

As described in the preceding paragraphs the conduct of the Defendant Officers,

in arresting the Plaintiff for recording a police officers activities, acting under color of law, was
unlawful.
25.

The misconduct was undertaken by the Defendant Officers under color of law,

under the course and scope of their employment, was objectively unreasonable, with malice, and
was undertaken intentionally and/or with willful indifference to the Plaintiffs constitutional
rights.

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26.

The acts of the Defendant Officers were undertaken in violation of the Plaintiffs

rights as guaranteed by the United States Constitution.


27.

As a direct and proximate result of the acts of the Defendant Officers the Plaintiff

was injured, suffered emotional anxiety, mental trauma, humiliation, fear, stress, pain and
suffering, and other damages.
WHEREFORE, the Plaintiff, DERION YOUNG, prays for judgment in his favor and
against the Defendants, OFFICER RICE, OFFICER RANGEL, OFFICER BABICZ and
OFFICER REILLY, awarding compensatory damages, punitive damages, attorney fees, and
costs against the Defendants, OFFICER RICE, OFFICER RANGEL, OFFICER BABICZ and
OFFICER REILLY, as well as any other relief this Court deems just and appropriate.
COUNT IV - 42 U.S.C. 1983
Failure to Intervene DEFENDANT OFFICERS
28.

The Plaintiff re-alleges Paragraphs 1 through 27, inclusive, and incorporates those

Paragraphs herein, as though fully stated as this Paragraph 28.


29.

As described above, the Defendant Officers stood by and watched without

intervening to prevent the violence to which the Plaintiff was subjected in violation of the United
States Constitution, and also stood by and watched without intervening when the Plaintiff was
subjected to an unlawful arrest, even though they each had a reasonable opportunity to prevent
the harm and/or the unlawful behavior referenced above, but failed to do so.
30.

The misconduct was undertaken by the Defendant Officers under color of law,

under the course and scope of their employment, was objectively unreasonable, with malice, and
was undertaken intentionally and/or with willful indifference to the Plaintiffs constitutional
rights.

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31.

The acts of the Defendant Officers were undertaken in violation of the Plaintiffs

rights as guaranteed by the United States Constitution.


32.

As a direct and proximate result of the acts of the Defendant Officers the Plaintiff

was injured, suffered emotional anxiety, mental trauma, humiliation, fear, stress, pain and
suffering, and other damages.
WHEREFORE, the Plaintiff, DERION YOUNG, prays for judgment in his favor and
against the Defendants, OFFICER RICE, OFFICER RANGEL, OFFICER BABICZ and
OFFICER REILLY, awarding compensatory damages, punitive damages, attorney fees, and
costs against the Defendants, OFFICER RICE, OFFICER RANGEL, OFFICER BABICZ and
OFFICER REILLY, as well as any other relief this Court deems just and appropriate.
COUNT V - Illinois State Law
Battery MAYWOOD
33.

The Plaintiff re-alleges Paragraphs 1 through 32, inclusive, and incorporates those

Paragraphs herein, as though fully stated as this Paragraph 33.


34.

As described above the Defendant Officers intended to cause, and did cause,

harmful and/or offensive contact of the Plaintiff at the time of the Plaintiffs arrest.
35.

The misconduct was undertaken by the Defendant Officers under color of law,

under the course and scope of their employment as police officers for the VILLAGE OF
MAYWOOD, was objectively unreasonable, with malice, and was undertaken intentionally and
was willful and wanton and/or negligent.
36.

As a direct and proximate result of the acts of the Defendant Officers the Plaintiff

was injured, suffered emotional anxiety, mental trauma, humiliation, fear, stress, pain and
suffering, and other damages.

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WHEREFORE, the Plaintiff, DERION YOUNG, prays for judgment in his favor and
against the Defendant, VILLAGE OF MAYWOOD, awarding compensatory damages and costs
against the Defendant, VILLAGE OF MAYWOOD, as well as any other relief this Court deems
just and appropriate.
COUNT VI - Illinois State Law
False Arrest/Imprisonment MAYWOOD
37.

The Plaintiff re-alleges Paragraphs 1 through 36, inclusive, and incorporates those

Paragraphs herein, as though fully stated as this Paragraph 37.


38.

As described above, the Defendant Officers arrested and/or imprisoned the

Plaintiff, or caused the Plaintiff to be arrested and/or imprisoned, without a warrant, without
probable cause and without legal justification. Due to the arrest, the Plaintiff had his liberty to
move about restrained by the Defendant Officers.
39.

The misconduct was undertaken by the Defendant Officers under color of law,

under the course and scope of their employment as police officers for the VILLAGE OF
MAYWOOD, was objectively unreasonable, with malice, and was undertaken intentionally and
was willful and wanton and/or negligent.
40.

As a direct and proximate result of the acts of the Defendant Officers the Plaintiff

was injured, suffered emotional anxiety, mental trauma, humiliation, fear, stress, pain and
suffering, and other damages.
WHEREFORE, the Plaintiff, DERION YOUNG, prays for judgment in his favor and
against the Defendant, VILLAGE OF MAYWOOD, awarding compensatory damages and costs
against the Defendant, VILLAGE OF MAYWOOD, as well as any other relief this Court deems
just and appropriate.

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COUNT VII - Illinois State Law


Malicious Prosecution MAYWOOD
41.

The Plaintiff re-alleges Paragraphs 1 through 40, inclusive, and incorporates those

Paragraphs herein, as though fully stated as this Paragraph 41.


42.

As described above, the Defendant Officers arrested and commenced criminal

proceedings against the Plaintiff without probable cause or legal justification. The criminal
proceedings were instituted with malice, and were ultimately dismissed in a manner indicative of
innocence.
43.

The misconduct was undertaken by the Defendant Officers under color of law,

under the course and scope of their employment as police officers for MAYWOOD, was
objectively unreasonable, with malice, and was undertaken intentionally and was willful and
wanton and/or negligent.
44.
of

As a direct and proximate result of the acts of the Defendant Officers, employees

MAYWOOD,

the Plaintiff was injured, suffered emotional anxiety, mental trauma,

humiliation, fear, stress, pain and suffering, and other damages.


WHEREFORE, the Plaintiff, DERION YOUNG, prays for judgment in his favor and
against the Defendant, VILLAGE OF MAYWOOD, awarding compensatory damages and costs
against the Defendant, VILLAGE OF MAYWOOD, as well as any other relief this Court deems
just and appropriate.
Count VIII - Illinois State Law
Indemnification - MAYWOOD
45.

The Plaintiff re-alleges Paragraphs 1 through 44, inclusive, and incorporates those

Paragraphs herein, as though fully stated as this Paragraph 45.

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46.

At all relevant times the Defendant Officers were acting under color of law and

under the course and scope of their employment.


47.

At all relevant times the VILLAGE OF MAYWOOD was the employer of the

Defendant Officers.
WHEREFORE, the Plaintiff, DERION YOUNG, pursuant to 745 ILCS 10/9-102,
demands judgment against Defendant, VILLAGE OF MAYWOOD, in the amounts awarded to
the Plaintiff against the individual Defendants, and for whatever additional relief this Court
deems just and appropriate.
JURY DEMAND
The Plaintiff demands a trial by jury on all Counts.

Respectfully Submitted by,


s/Basileios J. Foutris
BASILEIOS J. FOUTRIS
Attorney for Plaintiff DERION YOUNG
FOUTRIS LAW OFFICE, LTD.
53 W. Jackson, Suite 252
Chicago, IL 60604
312-212-1200
bfoutris@foutrislaw.com

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