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E-FILED
Monday, 26 July, 2010 01:57:11 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION

TERRANCE JACKSON, )
)
Plaintiff, ) No.
)
vs. ) Judge
) Magistrate Judge
CITY OF PEORIA, )
Peoria Police Officers )
JACOB FAW, ) Jury Demand
JOHN BRIGGS, )
CHARLES RODGERS Jr., )
ROBERT McMILLEN, and )
JOHN DOE, )
)
Defendants. )

COMPLAINT

1. This is an action for money damages brought pursuant to 42 U.S.C. § 1983, and
the statutes of the State of Illinois.
2. Jurisdiction for Plaintiff’s federal claims is based on 28 U.S.C. §§ 1331 and
1343(a). Jurisdiction for Plaintiff’s state claims is based on supplemental jurisdiction pursuant to
28 U.S.C. § 1367(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 Peoria.
5. Defendant-Officers are duly appointed and sworn Peoria police officers. 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.
6. The Defendant-Officers are sued in their individual capacities.
7. Defendant CITY OF PEORIA is a municipal corporation, duly incorporated under
the laws of the State of Illinois, and is the employer and principal of the Defendant-Officers.
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Facts
8. On January 26, 2009, at approximately 4:30 a.m., Defendants FAW and
RODGERS were on patrol in a marked Peoria Police Department police car.
9. FAW was the Field Training Officer for RODGERS.
10. At said time, Plaintiff left a house in the 1500 block of West Kettelle Street in
Peoria, got into a car, and began to drive home.
11. FAW and RODGERS. followed Plaintiff’s car after watching him leave the
house.
12. FAW and RODGERS had been waiting for Plaintiff to leave the house for
approximately 15 minutes.
13. Upon information and belief, the house that Plaintiff was at was a “drug house.”
14. FAW and RODGERS followed Plaintiff to the 900 block of Matthew in Peoria,
Illinois.
15. FAW activated the emergency lights on his car and stopped Plaintiff’s car.
16. FAW approached the driver’s side and RODGERS approached the passenger’s
side of Plaintiff’s car.
17. FAW asked Plaintiff for his driver’s licence.
18. Plaintiff told FAW that his does not have his license because it was suspended.
19. At this time, Defendant BRIGGS arrived on scene.
20. FAW asked Plaintiff to step out of the vehicle.
21. Plaintiff attempted to take one last drag of his cigarette.
22. Upon information and belief, FAW mistakenly believed that Plaintiff put drugs in
his mouth.
23. FAW immediately opened the driver’s side door.
24. FAW ordered Plaintiff to “get the fuck out” of the car.
25. RODGERS and BRIGGS ran to the driver’s side door.
26. BRIGGS pushed RODGERS out of the way and began to punch Plaintiff.
27. BRIGGS and RODGERS were trying to pull Plaintiff from the car.
28. BRIGGS told Plaintiff to “get out motherfucker.”
29. Plaintiff’s seat belt was still buckled and he could not get out of the car.

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30. Plaintiff told BRIGGS and FAW that he could not get out of the car by stating, “I
cant get out sir.”
31. BRIGGS then kicked Plaintiff.
32. FAW told Plaintiff to spit the crack out.
33. Plaintiff told FAW that he did not have any crack in his mouth.
34. FAW then tazered Plaintiff.
35. Plaintiff begged FAW and BRIGGS to stop, saying “Please sir, I do not have
anything.”
36. FAW continued to taze Plaintiff while BRIGGS continued to punch and kick
Plaintiff.
37. The tazing caused Plaintiff’s legs to stiffen and press the gas pedal.
38. FAW removed the keys from the car.
39. RODGERS went back to the passenger’s side of the car and opened the door.
40. Upon information and belief, RODGERS saw a BB gun in the back seat of
Plaintiff’s car.
41. RODGERS told FAW and BRIGGS that Plaintiff had a gun.
42. Plaintiff tried to tell FAW, BRIGGS and RODGERS that it was only a BB gun,
“Please sir, look at my hands, look, please sir, it is not a gun,” Plaintiff said.
43. FAW grabbed Plaintiff’s left arm and wrist and pinned it against the car.
44. RODGERS leaned into the car from the passenger’s side and punched Plaintiff.
45. BRIGGS tazered Plaintiff while FAW was holding Plaintiff’s arm.
46. The officers told Plaintiff to stop fighting “motherfucker.”
47. Plaintiff was not fighting the officers and told them, “I am not fighting, please
sir.”
48. Plaintiff began screaming as BRIGGS continued to taze Plaintiff.
49. At this time Defendant McMILLEN arrived on scene.
50. McMILLEN ran to the driver’s side and began to punch Plaintiff.
51. BRIGGS continued to taze Plaintiff.
52. At this time, Defendant JOHN DOE arrived on the scene.
53. JOHN DOE entered the car from the passenger’s side and began to punch
Plaintiff.

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54. BRIGGS, FAW, and McMILLEN pulled Plaintiff from the car even though the
seat belt was still wrapped around Plaintiff.
55. BRIGGS continued to taze Plaintiff when he was on the ground.
56. JOHN DOE walked over to where BRIGGS, FAW, and McMILLEN had Plaintiff
on the ground, pulled out his asp, and hit Plaintiff in the leg multiple times.
57. RODGERS exited the car and walked over to where Plaintiff was on the ground.
58. BRIGGS, FAW, McMILLEN, JOHN DOE, and RODGERS continued to punch
and strike Plaintiff while he is on the ground.
59. Plaintiff pleaded with the officers saying, “Please don’t kill me.”
60. The officers continued to curse at Plaintiff, and called him a “fucking idiot.”
61. The Defendant-Officers handcuffed Plaintiff.
62. Additional officers arrived on the scene.
63. Plaintiff lost consciousness after he was handcuffed.
64. The Defendant-Officers thought that Plaintiff was faking.
65. FAW asked RODGERS in front of all the officers, “Did I not tell you that was
going to be a good stop?”
66. One of the officers on scene told FAW “That is going to be a good tape, we are
going to have to watch that.”
67. An ambulance was called for Plaintiff.
68. Plaintiff was transported to Saint Francis Hospital.
69. Plaintiff was treated for his injuries, including inter alia, tazer burns and a
dislocated shoulder.
70. Plaintiff was admitted into the intensive care unit at the hospital.
71. RODGERS alleges he found .1 grams of cocaine in Plaintiff’s clothing at the
hospital.
72. Plaintiff did not have any cocaine in his clothing at the hospital.
73. Plaintiff was charged with unlawful possession of a controlled substance, driving
while his driver’s license was revoked, resisting a peace officer, and illegal transportation of
alcohol. The case was docketed in the Circuit Court of the Tenth Judicial Circuit as: People v.
Terrance Jackson, 09 CF 228.
74. On December 3, 2009, the charge of resisting a peace officer was dismissed.

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75. Plaintiff pleaded guilty to possession of a controlled substance.


76. Each individual Defendant-Officer acted willfully and wantonly, maliciously, and
with a conscious disregard and deliberate indifference to Plaintiff’s rights.
77. As a direct and proximate result of the acts of the Defendants described above,
Plaintiff suffered damages including loss of physical liberty, physical pain and suffering, and
emotional distress and pecuniary damages including medical expenses and lost wages.

COUNT I
(42 U.S.C. § 1983 – Excessive Force)

78. Plaintiff realleges paragraphs 1 through 77 as if fully set forth herein.


79. Defendant-Officers violated Plaintiff’s Fourth Amendment right, as guaranteed by
the Fourteenth Amendment, to be free from the use of excessive and unreasonable force.
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 II
(42 U.S.C. § 1983 – Failure to Intervene)

80. Plaintiff realleges paragraphs 1 through 77 as if fully set forth herein.


81. While Plaintiff was subjected to excessive force as described above, Defendant-
Officers had an opportunity to intervene, but chose not to intervene.
82. Defendant-Officers were deliberately indifferent to Plaintiff’s right to be free from
excessive and unreasonable force.
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 III
(Indemnification Claim pursuant to 745 ILCS 10/9-102)

83. The acts of the Defendant-Officers described in the above claims were willful and
wanton, and committed in the scope of employment.
84. Pursuant to the Illinois Tort Immunity Act, 745 ILCS 10/9-102, Defendant CITY
OF PEORIA is liable for any judgments in this case arising from the Defendant-Officers’ actions.
WHEREFORE, Plaintiff asks that this Honorable Court order Defendant CITY OF
PEORIA to indemnify the Defendant-Officers for any judgment entered in this case arising from
their actions.

Jury Trial Demanded

Respectfully submitted,

/s/ Louis J. Meyer


Counsel for the Plaintiff

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