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Case: 1:12-cv-00189 Document #: 17 Filed: 05/22/12 Page 1 of 9 PageID #:60

IN THE UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
ADRIAN CHESTER and
MAURICE GREEN
Plaintiffs,
v.
OFFICER WILLIAMS #4947,
OFFICER COLEMAN #13056,
OFFICER OMARA #4084,
OFFICER VIVANCO #17269, and
OFFICER UGARTE #15050,
Defendants.

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No: 12 CV 189

Judge: Kennelly
Magistrate Judge: Soat Brown

JURY DEMANDED

FIRST AMENDED COMPLAINT

JURISDICTION AND VENUE


1. The jurisdiction of this Court is invoked pursuant to the Civil Rights Act, 42 U.S.C.
Sections 1983 and 1988; 28 U.S.C. Sections 1331 and 1343 (a); and the Constitution of
the United States.
2. Venue is founded in this judicial court upon 28 U.S.C. Section 1391 as the acts
complained of arose in this district.
PARTIES
3. Plaintiff Adrian Chester is an African-American female, a citizen of the United States,
and a resident of Chicago, Illinois.
4. Plaintiff Maurice Green is an African-American male, a citizen of the United States, and
a resident of Reynoldsburg, Ohio.
5. Defendant Officer Williams #4947 is a police officer, is/was employed by the City of

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Chicago, and was at all times relevant to the facts alleged in this complaint, acting within
the scope of her employment and under color of law. Officer Williams is being sued
individually.
6. Defendant Officer Coleman #13056 is a police officer, is/was employed by the City of
Chicago, and was at all times relevant to the facts alleged in this complaint, acting within
the scope of his employment and under color of law. Officer Coleman is being sued
individually.
7. Defendant Officer Omara #4084 is a police officer, is/was employed by the City of
Chicago, and was at all times relevant to the facts alleged in this complaint, acting within
the scope of his employment and under color of law. Officer Omara is being sued
individually.
8. Defendant Officer Vivanco #17269 is a police officer, is/was employed by the City of
Chicago, and was at all times relevant to the facts alleged in this complaint, acting within
the scope of his employment and under color of law. Officer Vivanco is being sued
individually.
9. Defendant Officer Ugarte is a police officer, is/was employed by the City of Chicago, and
was at all times relevant to the facts alleged in this complaint, acting within the scope of
his employment and under color of law. Officer Ugarte is being sued individually.
FACTS
10. On or around October 12, 2010, in the evening, Plaintiff Adrian Chester was in her
apartment on the second floor of 1421 W. 76th Street in Chicago, Illinois. Her son
Cornelius Jackson, who was 20 years old at the time and lived in the basement apartment
of the building, was outside of the building drinking alcohol with friends.

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11. Later that night, Cornelius Jackson asked to use Ms. Chesters truck. Ms. Chester refused
to allow him to use it as she believed that he was intoxicated and under the influence of
drugs.
12. At some point Ms. Chester left her apartment and was confronted by Mr. Jackson. Mr.
Jackson yelled at her, ran to the apartment building, and returned with a broomstick.
13. Mr. Jackson charged at Ms. Chester and began violently swinging the pole, striking her
forcefully. In an attempt to defend herself, Ms. Chester swung at Jackson, wielding a box
cutter attached to her key chain. The box cutter struck Jackson, cutting his arm.
14. Both Ms. Chester and Mr. Jackson called the police, who arrived shortly thereafter. Ms.
Chester explained to the police that her son went ballistic on her, and an officer
recommended that she and her children stay somewhere else for the night for their safety.
15. Ms. Chester followed the officers advice, and took her children to stay with a friend.
16. Two days later, on or around October 14, 2010, Ms. Chester returned to her apartment
with her friend, Plaintiff Maurice Green, to gather her belongings.
17. Soon after her arrival, her doorbell rang, and Ms. Chester walked down from her second
floor apartment to open the front door to the building. When she opened the door, the
Defendant Officers immediately pointed their guns at her head.
18. Frightened and confused, Ms. Chester quickly closed the front door, ran back up the
stairs to her apartment, and closed her apartment door behind her.
19. Ms. Chester proceeded to call the father of her children, Donald Scott, informing him that
he needed to pick their children up from her apartment.
20. Suddenly, and without warning, Defendant Officers broke through the back door to Ms.
Chesters apartment and entered her apartment with their guns drawn.

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21. Defendant Officer Coleman approached Mr. Green and struck him in the face, causing
him significant pain. Officer Coleman then handcuffed Mr. Green to a chair.
22. Defendant Officer Coleman yelled at and berated Ms. Chester, calling her a bitch and
asking why she did not open the fucking door.
23. Ms. Chester was still on the phone with the father of her children, and attempted to
explain to Officer Coleman that she was arranging for her children to be picked up.
24. Defendant Officer Coleman then wrestled the phone from away from Ms. Chester and
called her a fucking monkey. He then grabbed her by her hair and threw her face first
into the ground.
25. During the struggle, Ms. Chesters laptop computer fell to the ground and Defendant
Officer Coleman forcefully stomped on it with his foot, significantly damaging it.
26. Officer Coleman then began kicking and punching Ms. Chester about her face and body
and stomping on her stomach, causing her excruciating pain.
27. Defendant Officers Williams, Omara, Vivanco and Ugarte stood by and watched as this
beating took place.
28. After the beating ended, Defendant Officer Williams told Ms. Chester that it would not
have happened if she had come out the front door.
29. Defendant Officer Coleman handcuffed Ms. Chester and picked her up off the ground.
He then searched for Ms. Chesters phone and upon finding it threw it into a fish tank.
30. The Defendant Officers placed Ms. Chester and Mr. Green under arrest and took them to
the police station, where Ms. Chester was charged her with domestic battery and
destruction of property.

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31. Mr. Green was detained and interrogated for multiple hours at the police station. He was
eventually released without charges.
32. The next day, on or around October 15, 2010, Ms. Chester appeared in court and the
domestic battery charge was dropped by her son. After subsequent court dates the
destruction of property charge was also dropped.
33. As a direct and proximate result of the Defendant Officers actions, as detailed above,
Plaintiffs Adrian Chester and Maurice Green have suffered and continue to suffer,
physical injuries, mental distress, humiliation, loss of liberty and other financial losses.

COUNT I
(42 U.S.C. SECTION 1983 - EXCESSIVE FORCE CLAIM)
(1-33). Plaintiffs Adrian Chester and Maurice Green allege and re-alleges paragraphs 1 through
33 as fully set forth herein.
34.

As a result of the unreasonable and unjustifiable attack on Plaintiffs Adrian Chester and

Maurice Green, they suffered both physical and emotional injuries.


35.

This unreasonable and unjustifiable attack of the Plaintiffs Adrian Chester and Maurice

Green by Defendant Officer Coleman was a direct and proximate cause of their pain, suffering
and mental anguish. The above acts by Defendant Officer Coleman violated the Plaintiffs
Fourth Amendment right to be free from unreasonable seizures, in addition to a violation of 42
U.S.C. Section 1983.
WHEREFORE, Plaintiffs Adrian Chester and Maurice Green demand compensatory
damages against Defendant Officer Coleman and because the Defendant acted maliciously,
willfully and/or wantonly, Plaintiffs demand punitive damages from Defendant Officer Coleman
plus costs, attorneys fees, and such other additional relief as this Court deems equitable and just.
5

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COUNT II
(42 U.S.C. SECTION 1983 - UNREASONABLE SEIZURE)
(1-33). Plaintiff Maurice Green alleges and re-alleges paragraphs 1 through 33 as fully set forth
herein.
34.

As a result of the unreasonable and unjustifiable seizure of Plaintiff Maurice Green, he

suffered both physical and emotional injuries.


35.

This unreasonable and unjustifiable seizure of Plaintiff by Defendant Officers Williams,

Coleman, Omara, Vivanco and Ugarte was a direct and proximate cause of his pain, suffering
and mental anguish. The acts by the Defendant Officers violated the Plaintiffs Fourth
Amendment right to be free from unreasonable seizures, in addition to a violation of 42 U.S.C.
1983.
WHEREFORE, Plaintiff Maurice Green demands compensatory damages against
Defendant Officers Williams, Coleman, Omara, Vivanco and Ugarte, and because they acted
maliciously, willfully and/or wantonly, Plaintiff demands punitive damages from Defendants,
plus costs, attorneys fees, and such other additional relief as this Court deems equitable and just.

COUNT III
(42 U.S.C. SECTION 1983 - FALSE ARREST)
(1-33). Plaintiff Maurice Green alleges and re-alleges paragraphs 1 through 33 as fully set forth
herein.
34.

The above acts of the Defendant Officers Williams, Coleman, Omara, Vivanco and

Ugarte were willfully and wantonly done without probable cause and were a direct and
proximate cause of Mr. Greens pain, suffering and mental anguish, and therefore violated the
Plaintiffs Fourth Amendment right to be free from unreasonable arrest, search and seizure.
6

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WHEREFORE, Plaintiff Maurice Green, demands compensatory damages against


Defendant Officers Williams, Coleman, Omara, Vivanco and Ugarte, and because the
Defendants acted maliciously, willfully and/or wantonly, Plaintiff demands punitive damages
from each individual Defendant, plus costs, attorneys fees, and such other additional relief as
this Court deems equitable and just.

COUNT IV
(42 U.S.C. SECTION 1983 - CONSPIRACY)
(1-33). Plaintiffs Adrian Chester and Maurice Green allege and re-allege paragraphs 1 through
33 as fully set forth above.
34.

Defendant Officers Coleman, Williams, Omara, Vivanco, and Ugarte reached an

understanding, engaged in a sequence of events or course of conduct, and otherwise agreed and
conspired together to violate the constitutional rights of the Plaintiffs.
35.

Each Defendant did reach this understanding and agreement, and did engage in this

course of conduct with the mutual purpose, objective, and knowledge that it would deprive the
Plaintiffs of their rights, privileges and immunities, as guaranteed by the Constitution and laws of
the United States.
36.

Additionally said conspiracy/joint action violated Plaintiffs Fourth Amendment rights,

under color of law, in violation of 42 U.S.C. Section 1983, and was a direct and proximate cause
of their pain, suffering and mental anguish.
37.

Acting in furtherance of this plan and conspiracy, each of the Defendants committed

overt acts, including, but not limited to the unjustifiable beating, unreasonable seizure and false
arrest as fully alleged in paragraphs 1-33. This course of conduct by the Defendants was done

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willfully, maliciously, intentionally, or with reckless disregard, and directly and proximately
caused serious injury to the Plaintiff.
WHEREFORE, Plaintiffs Adrian Chester and Maurice Green demand compensatory
damages against each Defendant, and because the Defendants acted maliciously, willfully and/or
wantonly, punitive damages, plus costs, attorney fees, and such other additional relief as this
Court deems equitable and just.

COUNT V
(FAILURE TO PREVENT CIVIL RIGHTS VIOLATION
UNDER 42 U.S.C. SECTION 1983)
(1-33). Plaintiffs Adrian Chester and Maurice Green allege and re-allege paragraphs 1 through
33 above as though fully set forth above.
34.

The above stated acts of violence, unreasonable seizure and false arrest against the

Plaintiffs by the Defendant Officers were witnessed and encouraged by one or more of the other
Defendant Officers.
35.

One or more of the Defendant Officers had the opportunity and duty to prevent the

violation of the Plaintiffs civil rights by the other Defendant Officers, but failed to do so.
36.

The failure of one or more of the Defendant Officers to prevent the above alleged civil

rights violations was the direct and proximate cause of the Plaintiffs injuries.
WHEREFORE, the Plaintiffs demand compensatory damages against these Defendants;
and because they acted maliciously, willfully, and/or wantonly, punitive damages against them
plus attorneys fees and costs, and any additional relief this Court deems equitable and just.
PLAINTIFFS DEMANDS TRIAL BY JURY ON ALL COUNTS.

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Respectfully submitted,
The Law Office of Standish E. Willis

By: s/Ryan B. Carlsen__________


Attorney for Plaintiff

The Law Office of Standish E. Willis


39 S. LaSalle, Suite 1210
Chicago, IL 60605
312-750-1950