Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 1 of 18 PageID #:1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PAMELA ANDERSON, Individually and ) as Independent Administrator of the ) Estate of JAMES ANDERSON, deceased, ) ) Plaintiff, ) ) Court No.: v. ) ) CITY OF CHICAGO, a municipal ) PLAINTIFF Demands Trial By Jury corporation, Unidentified Chicago Police ) officers, agents, and employees, the ) UNKNOWN OFFICERS, individually ) and as agents of CITY OF CHICAGO, ) ) Defendants. ) COMPLAINT AT LAW PLAINTIFF, PAMELA ANDERSON, Individually and as Independent Administrator of the Estate of JAMES ANDERSON, through her attorneys, FRED A TRUGLIO & ASSOCIATES, LLC. for her Complaint against CITY OF CHICAGO, a municipal corporation, and unidentified Chicago Police Officers, agents, and employees, the UNKNOWN OFFICERS, individually and as agents of the CITY OF CHICAGO, states as follows: JURISDICTION AND VENUE 1. This is a civil rights action for damages to redress deprivations under color of law of rights, privileges and immunities secured by the 4 th and 14 th Amendments to the United States Constitution, Title 42 U.S.C. Sections 1983 and 1988 and the laws of the State of Illinois. 1
Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 5 of 18 PageID #:5 did nothing to stop the unnecessary shooting of, or render assistance to an unarmed man shot seven times by the first unknown and unidentified officer. 16. On September 25, 2015, JAMES ANDERSON, deceased, suffered and died from multiple gunshot wounds as a direct result of the seven unnecessary shots fired by the unidentified and unknown officer positioned by the rear kitchen door of the residence. herein. pertinent part: COUNT I VIOLATION OF TITLE 42 U.S.C. SECTION 1983 (CHICAGO and UNKNOWN OFFICERS) 17. ANDERSON adopts and re-alleges Paragraphs 1 through 16 as if fully set forth 18. 42 U.S.C. 1983, titled A Civil Action for Deprivation of Rights, provides in Every person who, under color of any statute, ordinance, regulation, custom or usage of any state....subjects, or causes to be subjected any citizen of the United States... to do deprivation of any rights, privileges, or immunity secured by the Constitution and laws shall be liable to the party injured in any action at law, suit in equity, or other proper proceeding for redress. 19. At the aforesaid time and place, CHICAGO and its UNKNOWN OFFICERS were under a duty to avoid using unreasonable, unnecessary and excessive deadly force against JAMES ANDERSON. 20. At the aforesaid time and place, CHICAGO and its UNKNOWN OFFICERS were under a duty to conduct themselves in accordance with accepted and established police procedure and policies and the CPD General and Special 5
Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 6 of 18 PageID #:6 Orders and avoid using unreasonable, unnecessary and excessive deadly force against JAMES ANDERSON. 21. Notwithstanding these duties, CHICAGO and its UNKNOWN OFFICERS violated, accepted and established police procedures and policies and the CPD General and Special Orders and were then and thee guilty of one or more of the following act and/or omissions: a) Unreasonably, unnecessarily and excessively used deadly force against Plaintiff s decedent, JAMES ANDERSON, a law abiding citizen, a non-violent and unarmed man, without probable cause and lawful justification; b) Unreasonably and unnecessarily failed to restrain their actions when they knew that the use of deadly force would cause a fatal injury to Plaintiff s decedent, JAMES ANDERSON, a law abiding citizen, a non-violent and unarmed man, without probable cause and lawful justification; c) Unreasonably and unnecessarily acted with a deliberate indifference to the constitutional rights of Plaintiff s decedent, JAMES ANDERSON, a law abiding citizen, a non-violent and unarmed man, without probable cause and lawful justification; d) was otherwise in violation of the civil rights of Plaintiff s decedent, JAMES ANDERSON, not to be deprived of life under the laws guaranteed to all citizens under the United States Constitution. 22. CHICAGO, individually and acting through its UNKNOWN OFFICERS and other unidentified, agents, servants, and employees, willfully and maliciously violated ANDERSON S constitutional rights by maliciously and willfully inflicting a fatal injury upon 6
Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 7 of 18 PageID #:7 him in what amounts to excessive deadly force, when the use of deadly force was entirely unnecessary. 24. CHICAGO, officially sanctioned, approved or authorized the unconstitutional policies instituted by the police department and its UNKNOWN OFFICERS. 25. CHICAGO, through departmental policies, practices and customs, caused ANDERSON to suffer an unconstitutional deprivation of life, and violations of his rights to remain free from the use of excessive deadly force upon his person. 26. Additionally, and at all times, CHICAGO, through supervisory and command personnel, knew that police officers, agents, and employees, including its UNKNOWN OFFICERS, failed to follow policies and procedures for the use of deadly force when dealing with non violent, law abiding citizens like JAMES ANDERSON, and condoned such practices. 27. The UNKNOWN OFFICERS and other unidentified, agents, servants, and employees, willfully and maliciously violated ANDERSON S constitutional rights by maliciously and willfully inflicting a fatal injury upon him in what amounts to excessive deadly force in shooting him seven times, when the use of deadly force was entirely unnecessary. 28. The Defendants acts against ANDERSON and their failure to protect him against said abuse constitutes state action within the meaning of the Fourteenth Amendment of the United States Constitution. Defendants have, therefore, violated ANDERSON S rights secured to him by the Fourth and Fourteenth Amendment. 29. At all times relevant herein, the aforementioned defendant, UNKNOWN OFFICERS and agents functioned as public employees or policy makers with respect to 7
Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 8 of 18 PageID #:8 ANDERSON. Defendant police officers, including but not limited to the UNKNOWN OFFICERS, acted in concert to deprive ANDERSON of his rights. 30. Because of the actions of said Defendants, ANDERSON has suffered, and continues to suffer damages. 31. By reason of the foregoing, Defendants have subjected ANDERSON to deprivation of Constitutional rights and are liable in equity and for damages to ANDERSON under the law. WHEREFORE, ANDERSON demands compensatory against the CITY OF CHICAGO, and compensatory and punitive damages in excess of the minimum jurisdictional limits of the court against the UNKNOWN OFFICERS, in their individual capacities, together with ANDERSON S attorneys fees, the cost of this action and all other just and equitable remedy as this Court deems just and equitable. COUNT II 42 U.S.C. SECTION 1983 MONELL POLICY CLAIM (CHICAGO) 32. ANDERSON re-alleges and incorporates by reference as though fully set forth herein the allegations set forth in paragraphs 1 through 31 above as 1 through 31 of this Count. 33. The actions of the CHICAGO, individually and through its UNKNOWN OFFICERS, the Internal Affairs officers, and other unidentified officers, as alleged above, were done pursuant to one or more interrelated de facto policies, practices and/or customs of CHICAGO. 34. At all times material to this complaint, CHICAGO, through its respective officers, 8
Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 9 of 18 PageID #:9 agents, and deputies, and pursuant to its policies and practices, had interrelated de facto policies, practices, and customs which included, inter alia: a. failing to properly train, supervise, discipline, transfer, monitor, counsel and/or otherwise control officers, particularly those who are repeatedly accused of physical and other abuse of suspects and other citizens of violating department policies, General and Special Orders regarding the use of excessive and deadly force, malicious prosecutions and wrongful convictions, and of making false reports and statements; b. the police code of silence, specifically in cases where officers engaged in the violations articulated above, whereby said persons failed to report or otherwise covered-up instances of misconduct, and/or the fabrication, suppression and destruction of evidence of which they were aware, despite their obligation under the law and pursuant regulations to report such violations. Said code of silence also includes officers either remaining silent or giving false and misleading information during official investigations in order to protect themselves or fellow officers from internal discipline, civil liability, or criminal charges; c. other police personnel, including those police personnel on the supervisory and command level, knowingly and consistently failed to intervene to protect law abiding citizens when they knew such persons were being subjected to unnecessary excessive deadly force and victimized; d. through its official offices, failing to conduct adequate and sufficient investigations into police misconduct and failing to discipline those officers who engaged in conduct which violated CPD department policies. 35. Defendants had a widespread practice or custom of engaging in the use of excessive and deadly force, which herein caused proximate and fatal harm to JAMES ANDERSON. 36. The patterns and practices set forth above were widespread throughout the Chicago Police Department and well known by the command level and supervisory officials of CHICAGO both before and after JAMES ANDERSON was fatally wounded by one of the 9
Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 10 of 18 PageID #:10 UNKNOWN OFFICERS. 37. Said interrelated policies, practices and customs, as set forth above, both individually and together, were maintained and implemented with deliberate indifference, and were separately and together a direct and proximate cause of the unconstitutional acts and the fatal injuries suffered by JAMES ANDERSON. 38. The involvement in, and ratification of, the unconstitutional actions set forth above by the CHICAGO officials, acting as a final policymakers for CHICAGO in police matters also establishes that said Constitutional violations were directly and proximately caused by CHICAGO. WHEREFORE, PLAINTIFF demands judgment against Defendant CITY OF CHICAGO, for compensatory damages in excess of the minimum jurisdictional limit of this court plus costs and attorneys fees and whatever additional relief this Court finds equitable and just. COUNT III 42 U.S.C. SECTION 1983 FAILURE TO INTERVENE (UNKNOWN OFFICERS) 39. ANDERSON re-alleges and incorporates by reference as though fully set forth herein the allegations set forth in paragraphs 1 through 31. 40. The above stated acts of violence against the Plaintiff by one of the UNKNOWN OFFICERS were witnessed and encouraged by other UNKNOWN police officers. 41. Two UNKNOWN OFFICERS had the opportunity and duty to intervene to prevent the violation of the Plaintiffs civil rights by a fellow Defendant UNKNOWN OFFICER, but failed to do so and/or chose not to do so. 10
Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 11 of 18 PageID #:11 45. Notwithstanding the opportunity to intervene and stop the illegal conduct alleged above, other police officers allowed the conduct to continue and failed to intervene and to stop it. 46. This widespread practice or custom of the use of excessive deadly force herein resulted in the unnecessary and callous shooting death of JAMES ANDERESON with his mother standing at his side. 47. Defendants deliberately failed to intervene and stop a fellow officer from employing excessive deadly force against a non violent and unarmed man fatally wounding JAMES ANDERSON violation of the Eighth Amendment s prohibition against cruel and unusual punishment. 48. The failure of Defendant, UNKNOWN OFFICERS, to prevent the above alleged civil rights violations was the direct and proximate cause of the Plaintiffs fatal injuries. WHEREFORE, PLAINTIFF demands judgment against Defendant CITY OF CHICAGO and the UNKNOWN OFFICERS for compensatory damages in excess of the minimum jurisdictional limit of this court plus costs and attorneys fees and whatever additional relief this Court finds equitable and just. COUNT IV WRONGFUL DEATH (CHICAGO) 49. ANDERSON re-alleges and incorporates by reference as though fully set forth herein the allegations set forth in paragraphs 1 through 31. 50. At the aforesaid time and place, Defendant, CHICAGO, through the conduct of its 11
Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 12 of 18 PageID #:12 UNKNOWN OFFICERS, agents and employees was under a duty to avoid willful and wanton misconduct while conducting police activities. 51. At all times relevant to this incident, it was the duty of CHICAGO, by and through its duly authorized agent, servant, and or employee police officers, to refrain from conduct exhibiting a conscious disregard for the safety of others including Plaintiff s decedent, ANDERSON. 52. Moreover, at the aforesaid time and place, CHICAGO by and through its agents and employees, was under a duty to comply with and conduct itself in accordance with accepted and established police procedures and policies and the CPD General and Special Orders. 53. Notwithstanding these duties, CHICAGO, by its authorized agents, servants, and/or employee police officers committed one or more of the following willful and wanton acts and /or omissions: a. Used deadly force against ANDERSON under circumstances in which ANDERSON presented no threat of death or serious bodily harm to the police officers or any other individual; b. Discharged a firearm at more than seven times at ANDERSON under circumstances in which ANDERSON presented no threat of death or serious bodily harm to the police officers or any other individual; c. Discharged a firearm more than seven times at ANDERSON when ANDERSON was unarmed; d. Discharged a firearm more than seven times at ANDERSON when the police 12
Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 13 of 18 PageID #:13 officers knew or should have known that ANDERSON was not armed with a gun; e. Recklessly and intentionally discharged a firearm more than seven times at ANDERSON, knowing that it would cause ANDERSON to sustain fatal or serious bodily injuries; 54. That the aforesaid acts were committed with reckless disregard for the safety of others and constituted willful and wanton conduct. 55. As described in the preceding paragraphs the conduct of the UNKNOWN OFFICERS, acting under color of law and within the scope of their employment, constituted unjustified and offensive excessive physical force, undertaken willfully and wantonly, proximately causing injury and death to ANDERSON. 56. The misconduct described in this count in shooting JAMES ANDERSON seven times, was objectively unreasonably and was undertaken with malice, willfulness and reckless indifference to the rights and safety of others, including ANDERSON. 57. As a direct and proximate result of one or more of the aforementioned willful and wanton acts and/or omissions, ANDERSON, was shot seven times and killed. 58. ANDERSON is survived by his mother, father and three brothers. 59. As a result of the direct and proximate of ANDERSON S death, his heirs at law have suffered and will continue to suffer great losses of a personal and pecuniary nature and will continue to be deprived of the society, companionship, friendship, comfort, love and affection of their son and brother. 60. The Independent Administrator brings this action pursuant to the Wrongful Death 13
Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 14 of 18 PageID #:14 Act of the State of Illinois, 740 ILCS 180/2.1. 61. Plaintiff s damages are in excess of Seventy Five Thousand Dollars ($75,000.00), the minimum jurisdictional limit of this Court. WHEREFORE, PAMELA ANDERSON, Independent Administrator of the Estate of JAMES ANDERSON, deceased, prays this court for damages in excess of the minimum jurisdictional limit of the court and for such other relief this Court deems fit and proper. COUNT V SURVIVAL ACT (CHICAGO) 62. Plaintiff, ANDERSON, realleges and incorporates by reference paragraphs 49 through 59 as if fully set forth herein. 63. As a direct and proximate result of one or more of the foregoing acts and omissions of the Defendants, ANDERSON, suffered fatal injuries and death. 64. This action has survived the Plaintiff s decedent and accrued to the Independent Administrator, pursuant to the Survival Act of the State of Illinois 755 ILCS 5/27-6. 65. Plaintiff s damages are in excess of Seventy Five Thousand Dollars ($75,000.00), the minimum jurisdictional limit of this Court. WHEREFORE, PAMELA ANDERSON, Independent Administrator of the Estate of JAMES ANDERSON, deceased, prays this court for damages in excess of the minimum jurisdictional limit of the court and for such other relief this Court deems fit and proper. COUNT IV 14
Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 15 of 18 PageID #:15 WRONGFUL DEATH (UNKNOWN OFFICERS) 66. ANDERSON re-alleges and incorporates by reference as though fully set forth herein the allegations set forth in paragraphs 1 through 31. 67. At the aforesaid time and place, Defendant, the UNKNOWN OFFICERS, agents and employees were under a duty to avoid willful and wanton misconduct while conducting police activities. 68. At all times relevant to this incident, it was the duty of the UNKNOWN OFFICERS, to refrain from conduct exhibiting a conscious disregard for the safety of others including Plaintiff s decedent, ANDERSON. 69. Moreover, at the aforesaid time and place, the UNKNOWN OFFICERS were under a duty to comply with and conduct themselves in accordance with accepted and established police procedures and policies and the CPD General and Special Orders. 70. Notwithstanding these duties, the UNKNOWN OFFICERS committed one or more of the following willful and wanton acts and /or omissions: a. Used deadly force against ANDERSON under circumstances in which ANDERSON presented no threat of death or serious bodily harm to the police officers or any other individual; b. Discharged a firearm more than seven times at ANDERSON under circumstances in which ANDERSON presented no threat of death or serious bodily harm to the police officers or any other individual; c. Discharged a firearm at ANDERSON seven times, when ANDERSON was 15
Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 16 of 18 PageID #:16 unarmed; d. Discharged a firearm at ANDERSON seven times when the police officers knew or should have known that ANDERSON was not armed with a gun; e. Recklessly and intentionally discharged a firearm over seven times at ANDERSON, knowing that it would cause ANDERSON to sustain fatal or serious bodily injuries; 71. That the aforesaid acts were committed with reckless disregard for the safety of others and constituted willful and wanton conduct. 72. As described in the preceding paragraphs the conduct of the UNKNOWN OFFICERS, acting under color of law and within the scope of their employment, constituted unjustified and offensive excessive physical force, undertaken willfully and wantonly, proximately causing injury and death to ANDERSON. 73. The misconduct described in this count in shooting JAMES ANDERSON seven times was objectively unreasonably and was undertaken with malice, willfulness and reckless indifference to the rights and safety of others, including ANDERSON. 74. As a direct and proximate result of one or more of the aforementioned willful and wanton acts and/or omissions, ANDERSON, was shot seven times and killed. 75. ANDERSON is survived by his mother, father and three brothers. 76. As a result of the direct and proximate of ANDERSON S death, his heirs at law have suffered and will continue to suffer great losses of a personal and pecuniary nature and will continue to be deprived of the society, companionship, friendship, comfort, love and affection of 16
Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 17 of 18 PageID #:17 their son and brother. 77. The Independent Administrator brings this action pursuant to the Wrongful Death Act of the State of Illinois, 740 ILCS 180/2.1. 78. Plaintiff s damages are in excess of Seventy Five Thousand Dollars ($75,000.00), the minimum jurisdictional limit of this Court. WHEREFORE, PAMELA ANDERSON, Independent Administrator of the Estate of JAMES ANDERSON, deceased, prays this court for damages in excess of the minimum jurisdictional limit of the court and for such other relief this Court deems fit and proper. COUNT VI SURVIVAL ACT- (UNKNOWN OFFICERS) 79. Plaintiff, ANDERSON, realleges and incorporates by reference paragraphs 66 through 76 as if fully set forth herein. 63. As a direct and proximate result of one or more of the foregoing acts and omissions of the Defendants, the UNKNOWN OFFICERS, ANDERSON, suffered fatal injuries and death. 64. This action has survived the Plaintiff s decedent and accrued to the Independent Administrator, pursuant to the Survival Act of the State of Illinois 755 ILCS 5/27-6. 65. Plaintiff s damages are in excess of Seventy Five Thousand Dollars ($75,000.00), the minimum jurisdictional limit of this Court. WHEREFORE, PAMELA ANDERSON, Independent Administrator of the Estate of JAMES ANDERSON, deceased, prays this court for damages in excess of the minimum 17
Case: 1:16-cv-00951 Document #: 1 Filed: 01/22/16 Page 18 of 18 PageID #:18 jurisdictional limit of the court and for such other relief this Court deems fit and proper. PLAINTIFF Demands a trial by jury on all Counts of the Complaint Respectfully submitted, FRED A. TRUGLIO & ASSOCIATES LLC. s/fred A Truglio Fred A. Truglio FRED A. TRUGLIO & ASSOCIATES, LLC. One North Franklin St., Suite 2625 Chicago, IL 60606 312-251-3410 18