Answer To Brooks Lawsuit

Case: 1:18-cv-01593 Document #: 27 Filed: 03/19/19 Page 1 of 22 PageID #:157
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
THADDEUS BROOKS, )
)
Plaintiff, )
)
v. ) Case No. 18-cv-1593
)
CITY OF ELMHURST, a municipal )
corporation, and Police Officer ZACHARY )
CARNEY, Star # 262, Police Officer )
JACOB BELTRAN, Star # 254, all as )
individuals and as employees of the CITY )
OF ELMHURST, )
Defendants. )
ANSWER TO AMENDED COMPLAINT
NOW COME the Defendants, CITY OF ELMHURST (“City”), a municipal corporation,
and POLICE OFFICER ZACHARY CARNEY, Star # 262 (“Officer Carney”), POLICE
OFFICER JACOB BELTRAN, Star # 254 (“Officer Beltran”), all as individuals and as
employees of the CITY OF ELMHURST (collectively “City Defendants”), and for their Answer
to Amended Complaint, state as follows:
JURISIDICTION AND VENUE
1. This action arises under the Constitution of the United States, particularly the
Fourth and Fourteenth Amendments to the Constitution of the United States,
under the laws of the United States, particularly the Civil Rights Act, Title 42 of
the United States Code, Sections 1983 and 1988 and under the laws of the State of
Illinois.
ANSWER: The City Defendants admit that Plaintiff alleges that this action arises under
the Constitution of the United States, particularly the Fourth and Fourteenth Amendments
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to the Constitution of the United States, under the laws of the United States, particularly
the Civil Rights Act, Title 42 of the United States Code, Sections 1983 and 1988 and
under the laws of the State of Illinois, however, the City Defendants deny that they have
violated Plaintiff’s rights as alleged in Plaintiff’s Complaint.
2. The jurisdiction of this Court is invoked under the provisions of Title 28 of the
United States Code, Sections 1331 and 1343. Plaintiff also invokes the
supplemental jurisdiction of this Court pursuant to Title 28 of the United States
Code, Section 1367.
ANSWER: The City Defendants admit the allegations contained in paragraph 2.
3. Venue is proper in the United States District Court for the Northern District of
Illinois under Title 28 of the United States Code, Section 1391(b)(2), as the events
complained of occurred within this district.
PARTIES
4. At all times relevant herein, Plaintiff, THADDEUS BROOKS, was a residence of
the City of Westchester, County of Cook, State of Illinois and a citizen of the
State of Illinois. On and prior to March 5, 2017, Plaintiff was employed as
Maintenance Supervisor with the Village of Broadview Park District.
ANSWER: The City Defendants lack knowledge or information sufficient to form a
belief about the truth of the allegations contained in paragraph 4.
5. Defendant CITY OF ELMHURST is a municipal corporation organized, existing
and doing business under the laws of the State of Illinois and at all times relevant
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provided police services in the City of Elmhurst through the Elmhurst Police
Department.
6. At all times relevant, including on or about March 5, 2017, the Defendant, CITY
OF ELMHURST, employed a force of police officers who served through the
Elmhurst Police Department and who were assigned to work within various
geographical areas with the City of Elmhurst.
7. The police officer defendants, ZACHARY CARNEY, Star No. 262, and JACOB
BELTRAN, Star No. 254, were at all times relevant, sworn police officers
employed by Defendant CITY OF ELMHURST and were acting within the scope
of their agency, service and/or employment with the City of Elmhurst and were
acting under color of state law.
FACTS
8. On or about March 5, 2017, during the early morning hours, the police officer
defendants, Z. CARNEY, Star No. 262, and J. BELTRAN, Star No. 254,
observed Thaddeus Brooks lawfully parked in a Chevy Astro van in the private
driveway to his brother Darius Brooks’ home located in Elmhurst, Illinois.
Plaintiff Brooks had parked the Chevy van by backing it up into the driveway
alongside another car in the family driveway. The Plaintiff was not violating any
laws nor committing any crimes.
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ANSWER: The City Defendants admit that during the early morning hours of March 5,
2017, Officer Carney and Officer Beltran observed a Chevy Astro van parked alongside
another car in the driveway of a residence located at 423 S. Hampshire Avenue,
Elmhurst, Illinois, and the Chevy Astro van was parked with the front end of the vehicle
facing towards S. Hampshire Avenue. The City Defendants admit that at that time and
place Officer Carney and Officer Beltran observed the driver’s side door of the Chevy
Astro van open, the interior light of the Chevy Astro van illuminated, the motor of the
Chevy Astro van running with keys in the ignition, and an individual subsequently
identified as Plaintiff, Thaddeus Brooks (“Plaintiff”), seated in the driver’s seat of the
Chevy Astro van, unconscious and holding a lit cigarette in his hand, and a clear plastic
bag containing pill capsules in plain view located on top of a middle console immediately
next to Plaintiff. The City Defendants deny the conclusory allegations in paragraph 8 that
the “Plaintiff was not violating any laws nor committing any crimes.” The City
Defendants lack knowledge or information sufficient to form a belief about the truth of
the remaining allegations contained in paragraph 8.
9. The police officer Defendants positioned their squad car so as to block the
driveway, directing the car’s spotlight onto the van, and approached Thaddeus
Brooks as he sat in the van with the driver’s door open and the dome light on.
Plaintiff awoke when the police knocked on the van’s front windows and directed
their flashlight inside the van. Mr. Brooks told the Defendant officers that he was
ok and that he was staying at his brother Darius Brooks’ home. After being
ordered out of the van by the officers, Plaintiff further told the officers that he was
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tired from a long day and that the van belonged to the Grace Central Church
where his brother Darius was the pastor.
ANSWER: The City Defendants incorporate by reference their Answer to Paragraph 8 as
the City Defendants’ Answer to this Paragraph 9. The City Defendants further admit that
based upon the facts, events and circumstances they observed at that time and place,
because of the Defendant Officers’ concern for public safety as well as for the safety of
Plaintiff and the safety of themselves, a squad car was positioned at the end of the
driveway facing towards the Chevy Astro van with the squad car’s lights on to illuminate
the scene. The City Defendants further admit that they were using flashlights at the time
when Officer Carney knocked on the window of the Chevy Astro van four times and
verbally called out to Plaintiff to wake up before Plaintiff finally awoke. The City
Defendants further admit that at that time and place, Officer Carney asked Plaintiff if he
was “okay” and Plaintiff responded “yes, I live here.” The City Defendants further admit
that at that time and place, Officer Carney requested Plaintiff to exit the vehicle and
Plaintiff complied, walking towards the front of the Chevy Astro van with difficulty and
having to lean back against the Chevy Astro van to keep his balance. The City
Defendants further admit that at that time and place, Plaintiff made statements to them to
the effect that he was tired and had a long day at a church party, and that the Chevy Astro
van belonged to Grace Central Church where his brother Darius was pastor. The City
Defendants further admit that at that time and place, Officer Carney requested Plaintiff to
provide proof of identity at which time Plaintiff voluntarily produced from the Chevy
Astro van an insurance card and a State ID showing Plaintiff’s address as Elgin, Illinois
and that Plaintiff made statements to the Defendant Officers that he had moved from
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Elgin, Illinois and was living with his brother, however, Plaintiff did not know the street
address of where he was located and made statements to the effect that he was “on
Hillshire in Elmhurst.” The City Defendants deny the remaining allegations contained in
paragraph 9.
10. Despite being told by the Plaintiff that the van belonged [sic] to the church where
his brother was the pastor, and that he was parked at his brother’s home where
Mr. Brooks was living, the Defendant police officers persisted in interrogating
and detaining the Plaintiff who was lawfully on private property. While detained,
the Defendant officers confirmed that the van was registered and owned by Grace
Central Church and Pastor Brooks.
ANSWER: The City Defendants incorporate by reference their Answers to Paragraphs 8
and 9 as the City Defendants’ Answer to this Paragraph 10. The City Defendants admit
that the Defendant Officers confirmed that the Chevy Astro van was registered to Grace
Central Church in Westchester, Illinois. The City Defendants lack knowledge or
information sufficient to form a belief about the truth of the allegations contained in
paragraph 10 that Plaintiff “was parked at his brother’s home where Mr. Brooks was
living * * * [and Plaintiff] was lawfully on private property” The City Defendants deny
the remaining allegations contained in paragraph 10.
11. At some point Plaintiff Thaddeus Brooks told the Elmhurst police officers that
they could verify that he was lawfully on his brother’s property by ringing the
doorbell and speaking with his brother, Pastor Brooks. The Defendant officers
refused Plaintiff’s request, further detaining and questioning him despite the fact
that the Plaintiff had not violated any laws or committed a crime. At no time
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leading up to the police approaching, detaining or interrogating Mr. Brooks had
the police received a report of any crimes having occurred in and around the area
or home where Plaintiff’s van was lawfully parked. At no time while the police
viewed the interior of the van, including when the Plaintiff was outside of the van,
was there any evidence of contraband or any illegal substance in plain sight of the
Defendants.
ANSWER: The City Defendants admit that at some point on March 5, 2017, Plaintiff
made statements to Officer Carney and Officer Beltran to the effect that they could verify
Plaintiff’s statements related to his brother residing at 423 S. Hampshire Avenue,
Elmhurst, Illinois, by contacting Plaintiff’s brother inside the residence located at 423 S.
Hampshire Avenue, Elmhurst, Illinois; that Plaintiff tried calling his brother on Plaintiff’s
cell phone, but, his brother did not answer; and that subsequently, Plaintiff’s brother
came out of the residence located at 423 S. Hampshire Avenue, Elmhurst, Illinois, and
spoke with the Defendant Officers. The City Defendants deny the allegations contained
in paragraph 11 that Officer Carney and Officer Beltran refused Plaintiff’s request to ring
the doorbell of the improvement located at 423 S. Hampshire Avenue, Elmhurst, Illinois.
The City Defendants deny the allegations contained in paragraph 11 that the Plaintiff
“had not violated any laws or committed a crime” at the time that Officer Carney and/or
Officer Beltran continued to question and detain Plaintiff. The City Defendants further
deny the allegations contained in paragraph 11 that “[a]t no time while the police viewed
the interior of the van, including when the Plaintiff was outside of the van, was there any
evidence of contraband or any illegal substance in plain sight of the Defendants.” The
City Defendants affirmatively allege that at that time and place, Officer Carney asked
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Plaintiff to consent to a pat-down search of his person; Plaintiff gave his consent and
after Officer Carney’s pat-down of Plaintiff, the search was negative. The City
Defendants further affirmatively allege that at that time and place, Officer Beltran made
statements to Plaintiff to the effect that he observed a clear plastic bag on the middle
console of the Chevy Astro van containing pills, Plaintiff made statements in response to
the effect that the pills were vitamin C pills, and when the Defendant Officers requested
Plaintiff to consent to search the clear plastic bag containing the pills to determine the
content of the pills, Plaintiff made statements in response to the effect that he refused
consent to search because the Chevy Astro van and its contents belonged to his brother.
The City Defendants admit that in the time immediately leading up to Officer Carney and
Officer Beltran’s contact with Plaintiff on March 5, 2017, there had been no reports
received by the City Police Department of criminal activity occurring at or near 423 S.
Hampshire Avenue, Elmhurst, Illinois. The City Defendants lack knowledge or
information sufficient to form a belief about the truth of the allegations contained in
paragraph 11 that the Chevy Astro van belonged to Plaintiff or that the van “was lawfully
parked” at 423 S. Hampshire Avenue, Elmhurst, Illinois.
12. As the Defendant police officers continued to detain, interrogate and prevent the
Plaintiff from entering his brother’s home, the Defendant officers asked the
Plaintiff if he had been drinking. The Plaintiff advised the officers that he did not
drink. Despite the Plaintiff lawfully being on private property and not operating a
vehicle, the officers required the Plaintiff to submit to a breathalyzer test.
Plaintiff submitted to a breathalyzer test. Plaintiff submitted to a breathalyzer test
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which confirmed that he did not have any alcohol in his system. The breathalyzer
result reflected a reading of .000 BAC.
ANSWER: The City Defendants incorporate by reference their Answers to Paragraph 8,
9, and 10 as their Answer to this Paragraph 12. The City Defendants deny the allegations
in Paragraph 12 that they prevented Plaintiff from entering the home located at 423 S.
Hampshire Avenue, Elmhurst, Illinois. The City Defendants admit that the Defendant
Officers continued have discussions with Plaintiff, including, discussions as to whether
Plaintiff had been drinking alcohol, and that Plaintiff made statements to effect that he
had not been drinking alcohol and did not drink alcohol. The City Defendants lack
knowledge or information sufficient to form a belief about the truth of the allegations
contained in paragraph 12 that Plaintiff was lawfully on the property located at 423 S.
Hampshire Avenue, Elmhurst, Illinois. The City Defendants admit that at the time of
Defendant Officers’ interactions with Plaintiff that Plaintiff was not operating (driving)
the Chevy Astro van, however, at that time and place, the City Defendants affirmatively
allege that the Plaintiff was in actual physical control of the Chevy Astro van. The City
Defendants affirmatively allege that at that time and place and after Officer Carney
observed Plaintiff’s pupils to be constricted and pin point in size, Officer Carney
requested Plaintiff if he could check Plaintiff’s eyes, and Plaintiff consented; at such time
Officer Carney administered the Horizontal Gaze Nystagmus (“HGN”) test to Plaintiff,
which resulted in Plaintiff blankly staring at Officer Carney and Plaintiff’s eyes not
following Officer Carney’s pen during the HGN test as requested. The City Defendants
admit that at that time and place, Officer Carney and Officer Beltran requested Plaintiff
to submit to a “PBT” breath test, and that Plaintiff submitted to such test which resulted
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in a result of .000 BAC. The City Defendants deny the remaining allegations contained in
paragraph 12.
13. Having confirmed the ownership of the van as stated by the Plaintiff; having
confirmed that there was no alcohol in Plaintiff’s system after requesting him to
submit to a breathalyzer; after periodically viewing the interior of the van by
shining their flashlights into the van and entering the van without recovering any
alleged illegal substance or drugs; after directing Thaddeus to perform certain
field sobriety tests despite being told by the Plaintiff that he had mobility
problems due to prior knee surgery; and after questioning and detaining him in the
driveway of the home where he was living for approximately half an hour during
which Plaintiff was fully cooperative; the Defendant officers arrested the Plaintiff
for a DUI and transported him to the Elmhurst police station. Once at the station,
the Defendants continued to foster the illegal arrest of the Plaintiff by initiating
and pursuing false criminal charges against him, including one felony count of
unlawful possession of a controlled substance and driving under the influence.
ANSWER: The City Defendants incorporate by reference their Answers to Paragraphs 8,
9, 10, 11 and 12 as their Answer to this Paragraph 13. The City Defendants affirmatively
allege that based upon the facts, events and circumstances as alleged in Answers to
Paragraphs 8, 9, 10, 11 and 12, the Defendant Officers determined additional field
sobriety tests should be administered to Plaintiff at that time and place; Officer Carney
requested Plaintiff to walk placing one foot in front of the other foot, at which time
Plaintiff had trouble placing his right foot in front of his left foot and lost his balance. The
City Defendants further affirmatively allege at that time and place Officer Carney
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requested Plaintiff to perform the One Leg Stand Test and provided Plaintiff instruction
as to how to perform the test, at which time Plaintiff had trouble completing the test,
losing his balance and placing his foot down to regain balance. The City Defendants
affirmatively allege that at that time and place, after further discussions and interactions
between Officer Carney and/or Officer Beltran and Plaintiff, and based upon the facts,
events and circumstances alleged in their Answers to Paragraphs 8, 9, 10, 11 and 12,
Defendant Officers determined that probable cause existed to arrest Plaintiff for violation
of State law related to being in actual control of a motor vehicle while under the
influence, advised Plaintiff he was under arrest, placed handcuffs on Plaintiff, and
Plaintiff was thereafter transported to the City Police station. The City Defendants further
affirmatively allege that following Plaintiff’s arrest, the Defendant Officers performed an
inventory search of the Chevy Astro van prior to it being administratively towed, and that
at that time and place, Officer Beltran had located the clear plastic bag on the middle
console of the Chevy Astro van and examined the pills contained therein, observing one
of the capsules contained a white powdery substance suspected to be heroin. The City
Defendants affirmatively allege that while the Defendant Officers were performing the
inventory search of the Chevy Astro van, a black male came out of the house located at
423 S. Hampshire Avenue, Elmhurst, Illinois, and after the Defendant Officers explained
Plaintiff had been arrested for DUI, the black male made statements at that time to the
effect that he was Plaintiff’s brother, Darius Brooks, the Chevy Astro van belonged to
Grace Central Church and he had been letting Plaintiff use it for the past couple of weeks,
Plaintiff had been having a hard time after breaking up with his fiancé, and that he did not
know what was in the pill capsules found in the plastic bag on the middle counsel of the
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vehicle, but, that they did not belong to him. The City Defendants admit that after
Plaintiff was transported to the City Police station, and after one of the pill capsules
contained in the plastic bag located in Chevy Astro van was tested at the City Police
station and resulted positive as being heroin, Plaintiff was charged with State criminal
charges for unlawful possession of a controlled substance and driving under the influence
of a controlled substance. The City Defendants deny the remaining allegations contained
in paragraph 13.
14. The Defendants acted in concert and collectively to deprive Plaintiff of his
constructional [sic] rights and freedom under Federal law provided through the 4th
and 14th Amendment and under state law by falsifying police reports and
providing false information to their superiors, prosecutors and others in an effort
to shield their unlawful, outrageous and unreasonable conduct.
9, 10, 11, 12 and 13 as their Answer to this Paragraph 14. The City Defendants deny the
allegations contained in paragraph 14.
15. As a result of Defendants’ misconduct, Plaintiff Thaddeus Brooks was
incarcerated on false charges from a period of March 5, 2017 to June 13, 2017.
9, 10, 11, 12 and 13 as their Answer to this Paragraph 15. The City Defendants admit that
Plaintiff was incarcerated from a period of March 5, 2017, to June 13, 2017. The City
Defendants deny the remaining allegations contained in paragraph 15.
16. There was no probable cause to support Plaintiff’s arrest and prosecution for
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17. Despite the lack of probable cause, Defendants began and/or continued to foster
their false statements in an effort to further criminal proceedings against Plaintiff
in DuPage County Criminal Case No. 17 CF 438.
18. On or about June 30, 2017, all criminal charges brought against Thaddeus Brooks
were resolved in favor of the Plaintiff and were subsequently dismissed by the
State after the trial court granted Plaintiff’s motion to quash the March 5, 2017
arrest based on the lack of probable cause. The actions and conduct of the
Defendants leading to the arrest, detention and prosecution is neither protected by
qualified immunity nor absolute immunity.
the State criminal court granted Plaintiff’s motion to quash and that all State criminal
charges brought against Plaintiff were resolved when the State criminal court granted the
State’s “motion to nolle pros all counts” by an order entered on June 30, 2017. The City
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Count I – Federal Claim
42 U.S.C. §§ 1983 and 1988 Unlawful Seizure/False Arrest:

Individual Officers CARNEY, Star No. 262, and BELTRAN, Star No. 254
1-18. Plaintiff re-alleges Paragraphs 1-18 of the Complaint as Paragraphs 1 – 18 of
Count I, as fully recited herein.
ANSWER: Officer Carney and Officer Beltran re-allege their answers to paragraphs 1-
18 of the Complaint as their answers to paragraphs 1-18 of Count I as if fully stated
herein.
19. The conduct of the Defendant officers in arresting Thaddeus Brooks without
probable cause violated Plaintiff’s constitutional right to be free from false arrest
and unlawful seizures.
9, 10, 11, 12 and 13 as their Answer to this Paragraph 19. Officer Carney and Officer
Beltran deny the allegations contained in paragraph 19.
20. As a direct and proximate cause of Defendants’ conduct, Thaddeus Brooks
suffered pecuniary damages, including loss of liberty, loss of normal life, loss of
employment, impairment of future employment, lost income, mental anguish and
emotional distress and damage.
ANSWER: Officer Carney and Officer Beltran deny the allegations contained in
paragraph 20.
WHEREFORE, the Defendants Police Officer ZACHARY CARNEY, Star # 262, Police
Officer JACOB BELTRAN, Star #254, all as individuals and as employees of the CITY OF
ELMHURST, request judgment in their favor and against Plaintiff with costs assessed against
Plaintiff and in favor of the Defendants.
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COUNT II – Supplemental State Law Claim
False Arrest: City of Elmhurst and Defendant Police Officers,

Individually and as Employees of the City of Elmhurst
1-18. Plaintiff re-alleges Paragraphs 1-18 of the Complaint as Paragraphs 1-18 of Count
II, as fully recited herein.
ANSWER: The City Defendants re-allege their answers to paragraphs 1-18 of the
Complaint as their answers to paragraphs 1-18 of Count II as if fully stated herein.
19. There was no probable cause to support Thaddeus Brooks’ arrest for the felony charge of
20. Despite the lack of probable cause, Defendant City of Elmhurst, by and through certain
officers, including but not limited to Officers CARNEY and BELTRAN, arrested and had
charges approved against Plaintiff for unlawful possession of a controlled substance and
driving under the influence. The conduct of Defendant City of Elmhurst, by and through
its officers, in arresting Thaddeus Brooks without probable cause, was willful and
wanton.
allegations contained in paragraph 21 that there was a “lack of probable cause” and deny
that the arrest of Plaintiffs was “without probable cause, [and] was willful and wanton.”
The City Defendants admit the remaining allegations contained in paragraph 22.
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21. As a direct and proximate cause of Defendants’ conduct, Thaddeus Brooks
suffered severe pecuniary damages, including loss of liberty, loss of normal life,
loss of employment, impairment of future employment, lost income, mental
anguish and emotional distress and damage.
ANSWER: The City Defendants deny the allegations contained in paragraph 21.
WHEREFORE, the Defendants CITY OF ELMHURST, a municipal corporation, and
Police Officer ZACHARY CARNEY, Star # 262, Police Officer JACOB BELTRAN, Star #254,
all as individuals and as employees of the CITY OF ELMHURST, request judgment in their
favor and against Plaintiff with costs assessed against Plaintiff and in favor of the Defendants.
COUNT III – Supplemental State Law Claim
Malicious Prosecution: City of Elmhurst and Defendant Police Officers, Individually and
as Employees of the City of Elmhurst
1-18. Plaintiff re-alleges Paragraphs 1-18 of the Complaint as Paragraphs 1-18 of Count
III, as fully recited herein.
Complaint as their answers to paragraphs 1-18 of Count III as if fully stated herein.
19. There was no probable cause to support Plaintiff’s arrest and prosecution for the felony
charge of unlawful possession of a controlled substance and driving under the influence.
20. Despite lack of probable cause, Defendants willfully, wantonly, and maliciously
instituted and/or pursued criminal prosecution against the Plaintiff.
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the State criminal court granted Plaintiff’s motion to quash and that all State criminal
charges brought against Plaintiff were resolved when the State criminal court granted the
State’s “motion to nolle pros all counts” by an order entered on June 30, 2017. The City
21. As a direct and proximate cause of Defendant’s conduct, Thaddeus Brooks suffered
severe pecuniary damages, including loss of liberty, loss of normal life, the stigma
associated with being known as a criminal, loss of employment, impairment of future
employment, lost income, and emotional distress and damage.
ANSWER: The City Defendants deny the allegations contained in paragraph 21.
WHEREFORE, the Defendants CITY OF ELMHURST, a municipal corporation, and
all as individuals and as employees of the CITY OF ELMHURST, request judgment in their
favor and against Plaintiff with costs assessed against Plaintiff and in favor of the Defendants.
COUNT IV: Indemnification Against City of Elmhurst
22. The Plaintiff, THADDEUS BROOKS, hereby realleges and incorporates the allegations
of paragraphs 1-21 as his respective allegations of paragraphs 1-21 of Count IV as though
fully set forth herein.
Complaint as their answers to paragraph 22 of Count IV as if fully stated herein.
23. Illinois law, 735 ILCS 10/9-102 [sic], provides that public entitles are directed to pay any
tort judgment for compensatory damages for which employees are liable within the scope
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of their employment activities. Defendants ZACHARY CARNEY and JACOB
BELTRAN were police officers employed with the CITY OF ELMHURST who acted
within the scope of his [sic] employment in committing the misconduct described herein.
ANSWER: The City Defendants admit that an Illinois statute codified as 745 ILCS 10/9-
2 has been adopted and is presently in effect, however, to the extent that Plaintiff’s
characterization of language contained in 745 ILCS 10/9-2 is inconsistent with the
language actually contained in 745 ILCS 10/9-2, the City Defendants deny such
allegations. The City Defendants admit that the Defendant Officers were employed by the
City as police officers acting within the scope of their employment at the time of the
event alleged in this pleading. The City Defendants deny the remaining allegations of
paragraph 23.
WHEREFORE, the Defendants CITY OF ELMHURST, a municipal corporation, and Police
Officer ZACHARY CARNEY, Star # 262, Police Officer JACOB BELTRAN, Star #254, all as
individuals and as employees of the CITY OF ELMHURST, request judgment in their favor and
against Plaintiff with costs assessed against Plaintiff and in favor of the Defendants.
AFFIRMATIVE DEFENSES
NOW COME the Defendants CITY OF ELMHURST, a municipal corporation, and
all as individuals and as employees of the CITY OF ELMHURST, by and through their
attorneys, Storino, Ramello & Durkin, and for their Affirmative Defenses to Plaintiff’s
Complaint, allege as follows:
1. The City Defendants incorporate by reference their answers to Paragraphs 1-23 to the
Plaintiff’s Complaint as if fully set forth herein.
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2. In support of the City Defendants’ allegations contained in their Answers to this Amended
Complaint, attached hereto as Exhibit A is a true and correct copy of the “Elmhurst Police
Department Arrest Report” dated May 5, 2017, prepared by Officer Carney.
3. In support of the City Defendants’ allegations contained in their Answers to this Amended
Complaint, attached hereto as Exhibit B is a true and correct copy of a DVD containing the
Elmhurst Police squad car video and audio depicting the incident occurring on May 5, 2017,
at 423 S. Hampshire Avenue, Elmhurst, Illinois.
4. At all relevant times Defendant Carney and Defendant Beltran (“Individual Defendants”)
was government officials, namely police officers, who performed discretionary functions. At
all relevant times, a reasonable police officer objectively viewing the facts and circumstances
confronted by the Individual Defendants could have believed that their actions were lawful,
in light of clearly established law and the information individual officers possessed.
Individual Officers, therefore, are entitled to qualified immunity as to Plaintiff’s federal
claims. Plaintiff’s constitutional claims against Individual Defendants in their individual
capacity are barred by qualified immunity.
5. At all relevant times the Individual Defendants were in the act of executing and enforcing the
law. Individual Defendants cannot be held liable to the Plaintiff and are immune from
liability pursuant to Section 745 ILCS 10/2-202 of the Illinois Tort Immunity Act. Individual
Defendants cannot be held liable to Plaintiff for their acts or omissions in the execution or
enforcement of any law because at no time did Individual Defendants engage in any act or
omission which constitutes willful and wanton conduct within the meaning of the Tort
Immunity Act.
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6. At all times hereto Individual Defendants were acting within the scope of their employment.
Therefore, they cannot be held liable for an injury caused by the act or omission of another
person pursuant to the Illinois Tort Immunity Act. 745 ILCS 10/2-204.
7. Individual Defendants cannot be liable under State law for any injury caused by instituting or
prosecuting any judicial proceeding because all of the Individual Defendants’ actions with
respect to the Plaintiff were done within the scope of Individual Defendant’s employment
and they did not act maliciously or without cause. 745 ILCS 10/2-208.
8. There was probable cause to arrest Plaintiff.
9. To the extent that the Individual Defendants are not liable to Plaintiff in this matter, the City
of Elmhurst is immune from liability to Plaintiff pursuant to section 2-109 of the Tort
Immunity Act., which it provides, inter alia, "[a] local public entity is not liable for an injury
resulting from an act or omission of its employee where the employee is not liable."
10. To the extent any injuries or damages claimed by Plaintiff’ was proximately caused, in whole
or in part, by any wrongful conduct on the part of the Plaintiff, then any verdict or judgement
obtained by such Plaintiff on any claims brought under Illinois law are reduced or barred
under the Illinois principles of comparative fault.
WHEREFORE, CITY OF ELMHURST, Police Officer ZACHARY CARNEY, Star #
262, Police Officer JACOB BELTRAN, Star #254, respectfully prays that this Court enter
judgment against Plaintiff, and in favor of Defendants, and prays for their costs to be reimbursed
by Plaintiff, and grant such further relief as this Court deems necessary and just.
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Respectfully submitted,
By: /s/ Andrew Y. Acker

One of their attorneys
Andrew Y. Acker (ARDC #6211620)

aacker@srd-law.com
Michael R. Durkin (ARDC #6292753)
mdurkin2@srd-law.com
STORINO, RAMELLO & DURKIN
9501 W. Devon Avenue, 8th Floor
Rosemont, Illinois 60018
847.318.9500
Attorneys for Defendants City of Elmhurst and Elmhurst Police Officers Carney and Beltran
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CERTIFICATE OF SERVICE
I hereby certify that on March 19, 2019, I electronically filed the foregoing ANSWER
TO COMPLAINT, with the Court’s CM/ECF system, which caused an electronic copy of this
filing to be served on Plaintiff, Defendant, and counsel of record, shown below:
Mr. Melvin L. Brooks

Ms. Breanna Kantor
The Cochran Firm Chicago
140 South Dearborn Street, Suite 1020
Chicago, Illinois 60603
mbrooks@cochranfirm.com
bkantor@cochranfirm.com
Respectfully submitted,
By: /s/ Andrew Y. Acker

One of their attorneys
Andrew Y. Acker (ARDC #6211620)

aacker@srd-law.com
Michael R. Durkin (ARDC #6292753)
mdurkin2@srd-law.com
STORINO, RAMELLO & DURKIN
9501 W. Devon Avenue, 8th Floor
Rosemont, Illinois 60018
847.318.9500
Attorneys for Defendants City of Elmhurst and Elmhurst Police Officers Carney and Beltran
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Case: 1:18-cv-01593 Document #: 27-1 Filed: 03/19/19 Page 1 of 5 PageID #:179
Elmhurst Police Department Arrest Report
Elmhurst Police Department
125 E First ST
Case No. EL17009611 Elmhurst, IL 60126
Report No. EL17009611.1
Report Date: 3/5/2017 4:13:00 AM
630 530-3050
1
Page 1 of 5
Subject: UPCS/DUI DRUGS -BROOKS
Case Report Status A - Approved Date Entered 3/5/2017 7:20:40 AM Reporting Officer
Entered By EL262A - Carney, Zachary EL262A - Carney, Zachary
Occurred On 3/5/2017 4:13:00 AM Date Verified 3/9/2017 4:56:46 AM
(and Between) Verified By EL05 - McCollum, Matthew
Date Approved 3/9/2017 10:31:26 AM
Location 423 S HAMPSHIRE AVE Approved By EL184 - Sennett, Jodi Assisted By
Jurisdiction EL - Elmhurst PD Connecting Cases EL254 - Beltran, Jacob
Grid Disposition Arrest
Sector Clearance Reason
Map EL - ELMHURST Date of Clearance
Census/Geo Reporting Agency Elmhurst Police Department
Call Source Officer Init Division Elmhurst Police
Notified
Vehicle Activity Means

Vehicle Traveling Other Means
Cross Street Motive
Other Motives
Report Narrative
On 3-5-17 at 0413 hours, I was on patrol in marked squad car #9 driving S/B on Hampshire and observed a black Chevrolet
Astro Van (IL registration 41176CV) backed into a driveway with the driver's door open and the dome light on. I was not able
to see an address on the house but it was later determined to be 423 Hampshire. I searched the license plate through LEADS
and found it was registered to Grace Central Outreach Church out of Westchester IL.
I approached the vehicle and observed a M/B, later identified as Thaddeus Brooks, to be slumped over and sleeping in the
driver's seat with the keys in the ignition and the car running. I called for another unit to respond to my location and Ofc.
Beltran and Ofc. Sargis arrived on scene a short while later.
From the driver's side of the vehicle, I knocked on the window four times and called out to Thaddeus before he woke up.
When Thaddeus sat up in his seat, I observed he was holding a still lit cigarette in his right hand. When Thaddeus woke up I
asked him if he was ok and he stated "yes I live here". I asked Thaddeus to exit his vehicle and he complied. While walking to
the front of his car Thaddeus appeared to have difficulty walking and had to lean back against his car to keep his balance.
Thaddeus stated he was just tired and had a long day at a church party. Thaddeus stated the vehicle belonged to Grace
Central Church. I asked Thaddeus if he had any identification and he stated he had a state ID card in the car. Thaddeus went
to retrieve the ID and first handed me an insurance card and then his ID. I observed an Elgin IL address on the ID card. I asked
Thaddeus when he moved here from Elgin and he stated this was his brother Darius Brook's house and he was just staying
here. Thaddeus was at a Church party earlier in the night and stated he does not drink alcohol and did not have anything to
drink tonight. While speaking with Thaddeus I observed his pupils to be constricted and pin point in size. I asked Thaddeus if
I could check his eyes and he complied.
I gave Thaddeus the instructions for the Horizontal Gaze Nystagmus test. I began to administer the HGN test and Thaddeus
stared at me with a blank stare and did not follow my pen. I asked Thaddeus if he could see the tip of my pen and he said yes.
I asked him again to follow the pen. I attempted to administer the test but Thaddeus would stop following my pen with his
eyes and stare past me. I did not observe any points during the HGN test. I again observed Thaddeus's pupils to be
constricted and pin point in size. I asked Thaddeus if he takes any medication and he stated he takes medication for high
blood pressure as well as vitamins.
I asked Thaddeus if he had any problems with his legs or feet. Thaddeus stated he had a prior surgery on his knee and walks
with a limp. I asked Thaddeus if he thought he would be able to walk a straight line and he stated "I should be able to". I asked
Thaddeus to place his feet in the starting position and he had trouble placing his right foot in front of his left foot and lost his
balance. Thaddeus had to move his right foot and raise his arms to keep his balance. When Thaddeus returned to the starting
position, I gave him the instructions for the Walk and Turn Test and demonstrated the test. I asked Thaddeus if he had any
questions and he did not. Thaddeus performed the test and I observed a total of six points (see alcohol influence report for
further).
I gave Thaddeus the instructions for the One Leg Stand Test and demonstrated the test. I asked Thaddeus if he had any
questions and he stated he did not. Thaddeus initially tried to raise his right foot and lost his balance falling to his left and had
to put his foot down. Thaddeus then placed his right foot in front of his left foot and began trying to walk in a straight line. I
reminded Thaddeus he needed to raise one foot and balance on one leg for this test. Thaddeus tried raising his right foot
again but was unable to hold it in the air and immediately put it back down. Thaddeus then removed his shoes and attempted
the test again. Thaddeus again was unable to keep his right foot raised for more than 2-3 seconds without putting it back
down. Thaddeus also hopped twice, raised his arms, and swayed trying to perform the test. Thaddeus was unable to
complete the test. I observed a total of four points while Thaddeus attempted to complete the test (see alcohol influence
report for further).
EXHIBIT
Printed For:
NetRMS_CR.rtf v2f
A Printed: October 11, 2017 - 4:23 PM
125 E First ST
Report Date: 3/5/2017 4:13:00 AM
630 530-3050
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I asked Thaddeus what time he arrived home and he looked at his watch and stated he had been sitting there for ten to fifteen
minutes. I asked Thaddeus what time he left the church and he thought about it for a while and stated he left about ten to
fifteen minutes ago. I asked again if he knew what time he left. Thaddeus again looked at his watch and stated ten to fifteen
minutes ago. I asked Thaddeus what time the party ended and he stated he did not know but stated it started around eight or
nine. Thaddeus stated the church is located on Kitchener St in Westchester and he took I290 to get back to his brother's
house. Ofc. Beltran asked Thaddeus when he last used dope and he stated he has a history of substance abuse and used to
use heroin, cocaine, and marijuana eight or nine years ago. Thaddeus denied using any of those substances tonight. Ofc.
Beltran asked Thaddeus if he knew where he was and he stated he was on "Hillshire in Elmhurst", but did not know the
address of the house.
I asked Thaddeus if he would be willing to take a breath test and he stated he would. I administered a PBT test to Thaddeus
and he blew a .000.
Thaddeus gave consent for me to search him and I did so with negative results. Ofc. Beltran advised Thaddeus he observed a
plastic bag containing small capsules in the center console of his vehicle in plain view. Thaddeus stated it was vitamin C.
Ofc. Beltran asked for consent to check the capsules and Thaddeus refused stating the van and its contents belonged to the
church and his brother the pastor. Thaddeus stated his brother was home and could verify he lived at the address. Thaddeus
tried calling his brother on his cell phone with no answer. I asked Thaddeus if he thought he was ok to be driving earlier and
he stated "absolutely". I asked Thaddeus how he thought he did on the tests and he stated he was nervous. I advised
Thaddeus based on his performance during the tests he was under arrest for DUI. I placed Thaddeus in handcuffs (checked
for fit and double locked) and placed him in the backseat of my squad car.
Thaddeus's vehicle was inventoried and administratively towed by O'Hare Towing. Ofc. Beltran advised me while
inventorying the vehicle he located the plastic bag containing capsules in the center console. One capsule contained a white
powdery substance (suspect heroin). While the vehicle was being inventoried, Thaddeus's brother Darius Brooks came out of
the house. Darius was advised Thaddeus was found unconscious in the vehicle and had been placed under arrest. Darius
stated the vehicle belonged to his church and he had been letting Thaddeus use it for the past week. Darius stated he did not
know what the capsules found in the center console were but stated they were not his. Darius stated Thaddeus had been
having a hard time recently due to a break up with his fiancé a few months ago.
I transported Thaddeus to the station where he was read his warning to motorist by Ofc. Beltran at 0513 hours. Ofc. Beltran
conducted a twenty minute observation of Thaddeus and he provided a breath sample of .000 BAC. Thaddeus refused to
provide a blood or urine sample.
Ofc. Beltran provided me with the plastic bag containing capsules. I observed one capsule to contain a white powdery
substance and be approximately three quarters full. This capsule was a different color from the rest as they were completely
filled with a light brown powdery substance. I field tested the white powdery substance using a Narcotics Analysis Reagent
Kit. The test liquid turned green indicating a positive test for heroin. I weighed the capsule using an AWS digital scale and
found it weighed .3 grams. I field tested one of the suspected light brown vitamin capsules using a Narcotics Analysis
Reagent Kit for heroin, cocaine, methamphetamine, and MDMA all with negative results.
I submitted the vitamin capsules and capsule containing heroin into evidence. I submitted the heroin to the Dupage County
crime lab for testing. I will complete a supplement report when the results are received.
At 0525 hours, Thaddeus was read his Miranda Rights from a preprinted form by Ofc. Beltran at 0525 hours. Thaddeus
initialed and signed the form.
Thaddeus related the following in summary: Thaddeus had been clean for eight or nine years but relapsed in January of this
year after a break up with his fiancé. On 3-4-17, Thaddeus went to a clinic in Chicago to pick up his friend named Randall.
They went to Randall's apartment in Chicago and Thaddeus snorted three lines of heroin at approximately 1700 hours before
going to his church party. Thaddeus denied the capsule containing heroin found in his bag of vitamins was his and stated he
suspected Randall put it in there.
Thaddeus was given a drug evaluation by Ofc. Beltran a Drug Recognition Expert (see supplemental report for further).
I called felony review and received approval to charge Thaddeus with one felony count of UPCS. Thaddeus was finger
printed, photographed, and charged with the state charges of one count of UPCS and one count of DUI. Thaddeus was
transported to Dupage County jail by Ofc. Lauria at 1030 hours.
I have requested a copy of the in car video containing the SFST's and will submit it into evidence when received.
Nothing Further. ZC#262.
Offense Detail: 2020 - POSSESSION OF CONTROLLED SUBSTANCE

Offense Description 2020 - POSSESSION OF CONTROLLED SUBSTANCE
IBR Code 35A - Drug/narcotic Violations Location 315 - VEHICLE
IBR Group A Offense Completed? Yes No. Prem. Entered
NetRMS_CR.rtf v2f Printed: October 11, 2017 - 4:23 PM

125 E First ST
Report Date: 3/5/2017 4:13:00 AM
630 530-3050
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Crime Against SO Offense Status 03 - Cleared by adult arrest Entry Method

Using Hate/Bias 88 - None (No Bias) Type Security
Domestic Violence No Tools Used
Criminal Activity P - Possessing/Concealing
U - Using/Consuming
Weapons/Force
Offense Detail: 2420 - DRIVING UNDER THE INFLUENCE - DRUGS

Offense Description 2420 - DRIVING UNDER THE INFLUENCE - DRUGS
IBR Code 90D - Driving Under the Influence Location 304 - STREET
IBR Group B Offense Completed? Yes No. Prem. Entered
Crime Against SO Offense Status 03 - Cleared by adult arrest Entry Method
Using Hate/Bias 88 - None (No Bias) Type Security
Domestic Violence No Tools Used
Criminal Activity
Weapons/Force
Arrestee A1: BROOKS, THADDEUS C
Arrestee Number A1 DOB 9/8/1961 Place of Birth

Name BROOKS, THADDEUS C Age 55 SSN 357-58-8242
AKA Sex M - Male DLN B62080361256
Alert(s) Race B - Black DLN State IL - Illinois
Ethnicity N - Not of Hispanic Origin DLN Country
Address 10240 ROOSEVELT RD STE 7042 Ht. 5' 11" Occupation/Grade
CSZ WESTCHESTER, IL 60154 Wt. 250 Employer/School
Eye Color BRO - Brown Employer Address
Home Phone 630 670-5188 Hair Color BLK - Black Employer CSZ
Work Phone Hair Style A - Afro Res. County COOK
Email Address Hair Length S - Short Res. Country USA - United States of
America
Facial Hair 03 - Full Beard and Resident Status N - Nonresident
Mustache
Complexion DBR - Dark Brown
Build M - Medium
Teeth 1 - Normal
Scars/Marks/Tattoos
Modus Operandi
Other MO
Attire
Habitual Offender
Status

125 E First ST
Report Date: 3/5/2017 4:13:00 AM
630 530-3050
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Page 4 of 5
Arrest No. 2 Arrested For 2020 - POSSESSION OF

CONTROLLED
SUBSTANCE
2420 - DRIVING UNDER
THE INFLUENCE - DRUGS
Arrest Type O - On-view Fingerprints Yes Arrested On 3/5/2017 4:43:00 AM
FBI No. 958057W11 Photos Yes Arrest Location 423 S HAMPSHIRE
AVE
State No. IL22942910 Miranda Read Yes Booked On 3/5/2017 5:00:00 AM
Armed With 01 - Unarmed Miranda Waived Yes Booked Location Elmhurst PD
Multi. Clearance N - Not Applicable Number of Warrants 0 Released Location Dupage County Jail
Multi. Clearance Police Disposition 87 - Arrested-Held for Released On 3/5/2017 10:30:00 AM
Offense
Prosecution(Including
Released on Bond)
Prev. Suspect No. Juvenile Disposition Released By EL103A - Lauria,
Justin
Notified Adult Present Release Reason 16 - Temporary
Transfers to Other
Institutions
Held For
Arrest Notes
Other Entity: O1 -- Brooks, Darius L

Entity Code O1
Entity Type I - Otherwise Involved
Name Brooks, Darius L DOB 4/30/1963 Place of Birth

AKA Age 53 SSN
Alert(s) Sex M - Male DLN B620-1726-3123
Race B - Black DLN State IL - Illinois
Address 423 Hampshire Ethnicity N - Not of Hispanic Origin DLN Country USA - United States of
America
CSZ Elmhurst, IL 60126 Ht. 5' 11" Occupation/Grade
Wt. 220 Employer/School
Home Phone 312 630-9922 Eye Color BRO - Brown Employer Address
Work Phone Hair Color BLK - Black Employer CSZ
Email Address Facial Hair 01 - Clean Shaven Res. County Dupage
Complexion LBR - Light Brown Res. Country USA - United States of
America
Attire Resident Status R - Resident
Entity Notes
Property Description Item 1: 3539 - Vans Passenger Non-Commercial (not Stolen or Recovered) - BEATER
Item No. 1
Property Category 3539 - Vans Passenger Non-Commercial (not Stolen or
Recovered)
IBR Type 03 - Automobiles
UCR Type V - Other Vehicle (not Stolen or Recovered)
Status I - Information Only
Count 1
Value
Manufacturer CHEVROLET
Model ASTRO VAN
Serial No.
License No. 41176CV
Color BLK - Black
Description BEATER
Vehicle Year 2000
Licence Year 2017
State IL - Illinois
Body Style VN - Van or Panel
Recovered Date

125 E First ST
Report Date: 3/5/2017 4:13:00 AM
630 530-3050
5
Page 5 of 5
Owner O1 - Brooks, Darius L

Disposition administratively towed by O'Hare Towing
Evidence Tag
Alert(s)
Drug Type
Drug Quantity
Drug Measure
Property Notes
Property Description Item 2: 1908 - Heroin - (1) CAPSULE OF HEROIN

Item No. 2
Property Category 1908 - Heroin
IBR Type 10 - Drugs/Narcotics
UCR Type K - Miscellaneous
Status 6 - Seized In Drug Offenses
Count 1
Value
Manufacturer
Model
Serial No.
License No.
Color
Description (1) CAPSULE OF HEROIN
Vehicle Year
Licence Year
State
Body Style
Recovered Date
Owner
Disposition
Evidence Tag
Alert(s)
Drug Type D - Heroin

Drug Quantity 1
Drug Measure GM - Gram
Property Notes

EXHIBIT B
To Answer to Amended Complaint
CD Containing the Elmhurst Police Department Squad Video and Audio

Depicting the Incident Occurring on May 4, 2017 at 423 S. Hampshire
Avenue, Elmhurst, Illinois
Hand-Delivered to Court on March 19, 2019

Answer To Brooks Lawsuit

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Case: 1:18-cv-01593 Document #: 27 Filed: 03/19/19 Page 1 of 22 PageID #:157

IN THE UNITED STATES DISTRICT COURT

ANSWER TO AMENDED COMPLAINT

NOW COME the Defendants, CITY OF ELMHURST (“City”), a municipal corporation,

to Amended Complaint, state as follows:

JURISIDICTION AND VENUE

Fourth and Fourteenth Amendments to the Constitution of the United States,

violated Plaintiff’s rights as alleged in Plaintiff’s Complaint.

supplemental jurisdiction of this Court pursuant to Title 28 of the United States

Code, Section 1367.

ANSWER: The City Defendants admit the allegations contained in paragraph 2.

complained of occurred within this district.

ANSWER: The City Defendants admit the allegations contained in paragraph 3.

4. At all times relevant herein, Plaintiff, THADDEUS BROOKS, was a residence of

State of Illinois. On and prior to March 5, 2017, Plaintiff was employed as

Maintenance Supervisor with the Village of Broadview Park District.

ANSWER: The City Defendants lack knowledge or information sufficient to form a

belief about the truth of the allegations contained in paragraph 4.

5. Defendant CITY OF ELMHURST is a municipal corporation organized, existing

ANSWER: The City Defendants admit the allegations contained in paragraph 5.

OF ELMHURST, employed a force of police officers who served through the

geographical areas with the City of Elmhurst.

ANSWER: The City Defendants admit the allegations contained in paragraph 6.

acting under color of state law.

ANSWER: The City Defendants admit the allegations contained in paragraph 7.

driveway to his brother Darius Brooks’ home located in Elmhurst, Illinois.

laws nor committing any crimes.

another car in the driveway of a residence located at 423 S. Hampshire Avenue,

the remaining allegations contained in paragraph 8.

where his brother Darius was the pastor.

ANSWER: The City Defendants incorporate by reference their Answer to Paragraph 8 as

Central Church and Pastor Brooks.

ANSWER: The City Defendants incorporate by reference their Answers to Paragraphs 8

Central Church in Westchester, Illinois. The City Defendants lack knowledge or

the remaining allegations contained in paragraph 10.

leading up to the police approaching, detaining or interrogating Mr. Brooks had

Plaintiff’s statements related to his brother residing at 423 S. Hampshire Avenue,

Hampshire Avenue, Elmhurst, Illinois. The City Defendants lack knowledge or

parked” at 423 S. Hampshire Avenue, Elmhurst, Illinois.

vehicle, the officers required the Plaintiff to submit to a breathalyzer test.

Plaintiff submitted to a breathalyzer test. Plaintiff submitted to a breathalyzer test

result reflected a reading of .000 BAC.

ANSWER: The City Defendants incorporate by reference their Answers to Paragraph 8,

Officers continued have discussions with Plaintiff, including, discussions as to whether

submit to a breathalyzer; after periodically viewing the interior of the van by

alleged illegal substance or drugs; after directing Thaddeus to perform certain

unlawful possession of a controlled substance and driving under the influence.

ANSWER: The City Defendants incorporate by reference their Answers to Paragraphs 8,

providing false information to their superiors, prosecutors and others in an effort

to shield their unlawful, outrageous and unreasonable conduct.

ANSWER: The City Defendants incorporate by reference their Answers to Paragraphs 8,

allegations contained in paragraph 14.

15. As a result of Defendants’ misconduct, Plaintiff Thaddeus Brooks was

ANSWER: The City Defendants incorporate by reference their Answers to Paragraphs 8,

Defendants deny the remaining allegations contained in paragraph 15.

unlawful possession of a controlled substance and driving under the influence.

ANSWER: The City Defendants incorporate by reference their Answers to Paragraphs 8,

allegations contained in paragraph 16.

their false statements in an effort to further criminal proceedings against Plaintiff

in DuPage County Criminal Case No. 17 CF 438.

ANSWER: The City Defendants incorporate by reference their Answers to Paragraphs 8,

allegations contained in paragraph 17.

Defendants leading to the arrest, detention and prosecution is neither protected by