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EDWARD BUSTOS, )
)
Plaintiff, ) No.
)
vs. ) Judge
) Magistrate Judge
McHENRY COUNTY, )
KEITH NYGREN, )
McHenry County Sheriff Deputies )
NEIL PAGETT, ) Jury Demand
JASON GROCHOWSKI, and )
SCOTT LOYD, )
)
Defendants. )
COMPLAINT
Facts
9. On or about November 9, 2008, at approximately 7:30 p.m., Plaintiff was stopped
by McHenry County Sheriff’s Deputy Falb for an alleged headlight violation.
10. Unbeknownst to Plaintiff, his Texas driver’s license was revoked because of
speeding tickets he received in Illinois.
11. Plaintiff had a Texas driver’s license because that is where he lived after he was
honorably discharged from the armed forces of the United States.
12. Because his license was revoked, Plaintiff was arrested.
13. Deputy Falb told Plaintiff that he would be processed at the McHenry County Jail
for the revoked license and would be released within an hour.
14. Plaintiff’s wife, who was in the car with Plaintiff, was allowed to drive the car
home.
15. Plaintiff’s wife called Plaintiff’s brother, Ivan, to go pick up Plaintiff at the
McHenry County Jail.
16. Deputy Falb transported Plaintiff to the McHenry County Jail where she turned
Plaintiff over to booking officers.
17. At approximately 8:00 p.m., Plaintiff was received by Defendants PAGETT,
GROCHOWSKI and LOYD.
18. The first question that the Defendant-Officers asked Plaintiff was where he was
born and was “legal” or illegal.”
19. Plaintiff told the Defendant-Officers that he was born in Mexico but was a United
States citizen.
20. The Defendant-Officers told Plaintiff that since he was not born in the United
States, he would be detained on an immigration hold.
21. Plaintiff again told the Defendant-Officers that he was a United States citizen and
had his military identification card with him.
22. The Defendant-Officers ignored Plaintiff and placed him into a holding cell.
23. Defendant-Officers did not have any valid basis to believe that Plaintiff was
violating the immigration laws.
24. About an hour after Plaintiff was placed into the holding cell, Ivan arrived at the
McHenry County Jail.
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25. The Defendant-Officers told Ivan that Plaintiff was incarcerated based on an
immigration hold and could not be bonded out of the McHenry County Jail.
26. Ivan told the Defendant-Officers that Plaintiff was a United States citizen and
provided the Defendant-Officers with a copy of Plaintiff’s certificate of naturalization.
27. The Defendant-Officers ignored Ivan.
28. Plaintiff was incarcerated in the McHenry County Jail overnight because of
Defendants beliefs about his immigration status.
29. On November 10, 2008, at approximately 7:15 a.m., Plaintiff was released from
the McHenry County Jail.
30. Each individual Defendant-Officer acted willfully and wantonly, maliciously, and
with a conscious disregard and deliberate indifference to Plaintiff’s rights.
31. As a direct and proximate result of the acts of the Defendants described above,
Plaintiff suffered damages including loss of physical liberty, emotional distress and pecuniary
damages including lost wages.
COUNT I
(42 U.S.C. § 1983 – False Arrest/False Imprisonment)
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COUNT II
(42 U.S.C. § 1983 – Failure to Intervene)
COUNT III
(42 U.S.C. § 1983 – Substantive Due Process, Egregious Abuse of Power)
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COUNT IV
(42 U.S.C. § 1983 – Monell Claim against KEITH NYGREN)
43. Plaintiff realleges all of the above paragraphs and counts, as if fully set forth
herein.
44. At all relevant times, the McHenry County Sheriff had a police of detaining
persons for immigration reason who they thought were not United States citizens and/or were not
born in the United States.
45. The actions of the McHenry County Sheriff’s deputies as alleged in this
Complaint were done pursuant to, and as a result of the above practices, policies and customs.
46. Defendant KEITH NYGREN is has final policy-making authority and is
responsible for the above-described policies, practices and customs.
47. The practices, policies and customs described above are widespread, permanent
and well-settled, and were known, or should have been known, to the policy-makers of the
McHenry County Jail.
48. KEITH NYGREN acted with deliberate indifference in maintaining, overlooking
and preserving the unconstitutional practices, policies and customs delineated above.
49. By his inaction and failure to correct the above-described practices, policies and
customs, KEITH NYGREN tacitly approved and thus indirectly authorized the type of
misconduct Plaintiff complains of herein.
WHEREFORE, Plaintiff asks that this Honorable Court:
a) Enter judgment against KEITH NYGREN;
b) Award Plaintiff compensatory damages, as determined at trial;
c) Award Plaintiff attorney’s fees and costs;
d) Award such other and additional relief that this Honorable Court deems just and
equitable.
COUNT V
(Indemnification Claim pursuant to 745 ILCS 10/9-102)
50. The acts of the Defendant-Officers described in the above claims were willful and
wanton, and committed in the scope of employment.
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51. Pursuant to the Illinois Tort Immunity Act, 745 ILCS 10/9-102, Defendant
McHENRY COUNTY is liable for any judgments in this case arising from the Defendant-
Officers’ actions.
WHEREFORE, Plaintiff asks that this Honorable Court order Defendant McHENRY to
indemnify the Defendant-Officers for any judgment entered in this case arising from their
actions.
Respectfully submitted,
Lawrence V. Jackowiak
Law Offices of Lawrence V. Jackowiak
20 North Clark Street, Suite 1700
Chicago, Illinois 60602
(312) 795-9595