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Lawsuit Against Elmhurst

David Gibson filed a civil rights lawsuit against Detective Daniel Torza, Officer Daniel Corrigan, and the City of Elmhurst alleging excessive use of force. Gibson claims that on December 28, 2020, while he was a wheelchair-bound patient at Good Samaritan Hospital, Torza and Corrigan entered his room during an investigation, struck and grabbed him, threw him from his wheelchair, and failed to prevent each other's unlawful use of force, causing him serious injury in violation of his Fourth Amendment rights. Gibson is suing the officers individually and the City of Elmhurst as their indemnitor, seeking compensatory and punitive damages at trial.

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110 views2 pages

Lawsuit Against Elmhurst

David Gibson filed a civil rights lawsuit against Detective Daniel Torza, Officer Daniel Corrigan, and the City of Elmhurst alleging excessive use of force. Gibson claims that on December 28, 2020, while he was a wheelchair-bound patient at Good Samaritan Hospital, Torza and Corrigan entered his room during an investigation, struck and grabbed him, threw him from his wheelchair, and failed to prevent each other's unlawful use of force, causing him serious injury in violation of his Fourth Amendment rights. Gibson is suing the officers individually and the City of Elmhurst as their indemnitor, seeking compensatory and punitive damages at trial.

Uploaded by

David Giuliani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

Case: 1:22-cv-07243 Document #: 1 Filed: 12/26/22 Page 1 of 2 PageID #:1

IN THE UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
DAVID GIBSON,
Plaintiff,

v. 22 CV 7243

DET. DANIEL TORZA, OFC.


DANIEL CORRIGAN, and CITY OF
ELMHURST, JURY DEMANDED.
Defendants.
COMPLAINT
Plaintiff David Gibson alleges as follows:

1. This is a civil action arising under 42 U.S.C. § 1983. The jurisdiction

of this Court is conferred by 28 U.S.C. §§ 1331 and 1343.

2. Plaintiff is a resident of this judicial district.

3. Defendant City of Elmhurst is a municipal corporation with its

principal office in this judicial district.

4. Defendant City of Elmhurst employs a force of sworn peace officers,

including defendants Det. Daniel Torza and Ofc. Daniel Corrigan.

5. At all times mentioned herein, defendants Det. Daniel Torza and Ofc.

Daniel Corrigan were acting with color of law. Plaintiff sues each officer in his

individual capacity for violating plaintiff’s Fourth Amendment rights, as alleged in

further detail below.

6. On December 28, 2020, plaintiff was a wheelchair-bound patient at

Good Samaritan Hospital.

7. On said date and time, defendants Det. Daniel Torza and Ofc. Daniel

Corrigan came to plaintiff’s hospital room to investigate an alleged crime. At said

time and place, defendants struck and grabbed plaintiff, and threw him out of his

wheelchair, causing him to sustain serious injury, all in violation of plaintiff’s right

to be free from unlawful use of force. This attack on plaintiff was unprovoked and
Case: 1:22-cv-07243 Document #: 1 Filed: 12/26/22 Page 2 of 2 PageID #:2

unjustified. Defendants additionally failed to intervene to prevent the other’s

unlawful use of force.

8. Plaintiff joins the City of Burbank as the indemnitor of the individual

officers.

9. Plaintiff demands trial by jury.

WHEREFORE plaintiff requests that judgment be entered in his favor and

against all defendants as compensatory damages, in an amount to be determined by

the trier of fact, and, additionally, for an award of punitive damages in an amount

to be determined by the trier of fact against each of the individual defendants.

By: /s/ John K. Kennedy


JOHN K. KENNEDY
Kennedy Watkins LLC
350 N. Orleans St., Suite 9000N
Chicago, IL 60654
(312) 448-8181
jkennedy@[Link]
ARDC No. 6309407

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