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E-FILED

Monday, 27 June, 2011 05:28:05 PM Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION

KENNETH BODDIE

 

Plaintiff

v.

11-1240

CITY OF PEORIA, ILLINOIS, an Illinois Local Governmental Entity, STEVEN SETTINSGAARD, Chief of Police of the Peoria Police Department, in His Individual Capacity, and HENRY HOLLING, City Manager of City of Peoria in His Individual Capacity, JIM ARDIS, Mayor of the City of Peoria, in His Individual Capacity

Jury Demand

Defendants

COMPLAINT

Now comes the Plaintiff, Ken Boddie, by Richard L. Steagall, his attorney, and

complaining of the Defendants, City of Peoria, Illinois, an Illinois Local Governmental

Entity, Steven Settinsgaard, Chief of Police of the Peoria Police Department, in His

Individual Capacity, Henry Holling, City Manager of City of Peoria in His Individual

Capacity, and Jim Ardis, Mayor of the City of Peoria in His Individual Capacity, for his

claims states:

I.

Jurisdiction & Venue

1. Jurisdiction to hear plaintiff’s claims under the Civil Rights Act of 1871, 42

U.S.C. § 1983 is founded under 28 U.S.C. § 1343 (a)(4).

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residents of Peoria County, Illinois, and the claim arose in Peoria County, Illinois.

Venue 28 U.S.C. § 1391 (a). The case is assigned to the Peoria Division of this court

under Local Rule 40:1.

3. The incident complained of occurred on October 8, 2009 in the City of

Peoria, County of Peoria, and State of Illinois.

II.

The Parties

4. Plaintiff, Ken Boddie, is a Sergeant on the Peoria Police Department who

has been a City of Peoria Police Officer for 32 years and a Sergeant for 18 years since

1993.

5. Defendant, City of Peoria, Illinois is a an Illinois Local Governmental

Entity organized and existing as a home rule municipality under the laws of the State of

Illinois. At all times material here, the City of Peoria was acting under color of state law.

The City of Peoria is sued on two claims:

A. A direct action under Section 1983 for the acts of the City of Peoria’s policy making agents in the scope of their authority as the human beings responsible for the policy of the City of Peoria, a governmental entity.

B. An action for payment of any settlement or judgment for compensatory damages against the individual defendants acting in the scope of their employment for the City of Peoria under Section 9-102 of the Illinois Local Governmental Tort Immunity Act. 765 ILCS 10/9-102 (2008).

5. Defendant, Steven Settinsgaard, was at all times material here the Chief of

Police of the Peoria Police Department acting in the scope of his employment for the

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City of Peoria and under color of state law. He is sued in his Individual Capacity.

6. Defendant, Henry Holling, was at all times material here, the City

Manager of City of Peoria acting in the scope of his employment and under color of

state law. He is sued in his Individual Capacity.

7. Defendant Jim Ardis, was at all times material, Mayor of the City of

Peoria, Illinois acting in the scope of his employment and under color of state law. He is

sued in his Individual Capacity.

III.

The Incident

8. Boddie passed the examination for promotion to Lieutenant on the City of

Peoria Police Department and was placed in the list for hiring in the order set forth in

the list as positions became available. A true copy of the Lieutenant List effective

October 9, 2006 to October 8, 2009 is attached as Ex:1. A line is drawn through the five

persons on that List who were hired as Lieutenant from October 9, 2006 to the year

2008. The City of Peoria hiring procedure is that established by the Illinois Municipal

Code. The Board of Police and Fire Commissioners makes appointments of all member

and officers of the police and fire departments. 65 ILCS 5/10-2.1-4 (2008). Promotions

to open positions as officers of the police and fire departments are made in order of

results of examination on a list of eligibles for positions for vacancies during the

applicable period of the list. 65 ILCS 5/10-2.1-15 (2008); 65 ILCS 5/2.1-4 (2008); 65 ILCS

5/2.1-11 (2008).

9. There is no discretion on appointment of members and officers according

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to their placement on the list of those eligible for the Police Department members and

Officers. When a vacancy in a position occurs, the person highest on the list of eligibles

from the results of examination by the Board of Fire and Police Commissioners is the

person who fills the vacant position.

10. In 2009, the first person on the Lieutenant hiring list before Boddie was

Robert Wagner. Wagner informed the Peoria Police Benevolent Board and Boddie that

he would not accept the promotion. The hours were longer than the Sergeant’s hours,

Wagner had younger children who he wanted to spend time with, he is relatively

young and would have the opportunity for promotion to Lieutenant when his children

were older. The result of Wagner’s decision was that Boddie was the person who

would be hired as a Lieutenant in the next available opening for the remaining period

of the List of Eligibles for the Lieutenant position when a vacancy occurred during the

period toe List was applicable, which expired on October 8, 2009.

11. Robert Baer was promoted to Captain in March, 2008. Baer resided in

Chillicothe outside the City of Peoria limits. Chief Settinsgaard instructed Captain Baer

that he had one year in which to set up a full time residence in the City of Peoria. The

City residency requirement applies only to persons holding the rank of Captain or

above. One Captain is excepted from this rule because he was residing outside the City

when the rule was adopted and it was agreed he would be grandfathered as an

exception to this rule.

12. If Captain Baer resigned his position as Captain, a Lieutenant would be

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promoted to fill Baer’s Captain position which would leave an opening for Lieutenant

which Boddie would fill.

13. On March 20, 2009, Chief Settinsgaard with the approval of City Manager

Holling granted Captain Baer a six month extension on the deadline to establish

residence in the City of Peoria.

14. The Promotional List for Lieutenant expired on October 8, 2009. The

Peoria Benevolent protested that this would jeopardize the promotion of those on the

Lieutenant’s Promotion List and the Sergeant’s Promotion List as promotion of Boddie

from Sergeant to Lieutenant would open the Sergeant’s position that Boddie would

vacate to become Lieutenant.

15. Mayor Jim Ardis met with the Executive Board of the Peoria Police

Benvolent, which is the union collectively representing Peoria Police Officers, shortly

after the announcement of the six month extension for Captain Baird was announced on

March 20, 2009 and assured the Executive Board of the Peoria Police Benevolent that it

would not affect the promotions of those on the Lieutenant and Sergeant’s List.

16. Captain Baird informed Chief Settinsgaard that he had established

residence in the City of Peoria in an apartment with his daughter who was in her 20s.

Captain Baird’s wife occupied the house in Chillicothe.

17. Chief Settinsgaard accepted Baird’s explanation and he continued his

employment as a Captain until October 9, 2009 when he announced his retirement

effective immediately, one day after the Lieutenant Promotional List expired.

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18. The result of Chief Stettinsgaard’s acceptance of the claim of residency

with Captain Baer’s daughter and his knowledge of Baer’s impending retirement and

acceptance of the retirement on October 9, 2009 one day after the Lieutenant’s Elgible

List expired on October 8, 2009 was to deny Boddie the promotion to Lieutenant he

was entitled to receive and the Executive Board of the Peoria Police Benevolent had

been assured Boddie would receive which would open Boddie’s Sergeant position for

the promotion of the highest on the Sergeant’s Elgibility List. It made no difference to

Captain Baird whether his resignation was effective on October 8 or 9, 2009.

19. Chief Settinsgaard had stated to Lieutenants who were in the Captain’s

pool – as those who expressed a desire to be promoted to Captain was called – that the

principal residence must be in Peoria without exception.

20. A Lieutenant was promoted to Captain in November and Richard Glover

was promoted to the rank of Sergeant when no Sergeant’s position was open

immediately before expiration of the Sergeant’s List on November 4, 2009. A true copy

of the Sergeant’s List is attached as Ex:2. Glover was demoted in January, 2010, but the

result of his promotion before expiration of the List is that he had priority on any open

Sergeant’s position over anyone on the new Sergeant’s List which replaced the List that

expired just after November 4, 2009.

21. Boddie was denied the promotion he was entitled to receive on or before

October 7, 2009 because of the disparate treatment given Captain Baer, and Richard

Glover who was promoted immediately before expiration of the Sergeant’s List on

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November 4, 2009. Boddie was not given the promotion after expiration of the

Lieutenant’s Elgibility that Richard Glover received immediately before expiration of

the Sergeant’s List on November 4, 2009. Chief Stettinsgaard fulfilled the

representation to the Peoria Police Benevolent Executive Board that Captain Baer’s

residency extension would not affect promotions from the existing Lieutenant and

Sergeant’s Lists made by Mayor Ardis shortly after March 22, 2009 for the Sergeant’s

position – which had the representation about the Lieutenant’s List been followed

would have left an open Sergeant’s position from Boddie’s promotion to Lieutenant --

but did not fulfill that representation for Boddie’s promotion to Lieutenant.

22. The intentional denial of the promotion to Boddie was without any

rational basis and was instead based on preferential treatment given Captain Baer who

was excepted from the Peoria Police Department Policy requiring command officers to

reside within the limits of the City of Peoria and Richard Glover who received a

promotion before expiration of the Sergeant’s List to give him seniority over the next

open Sergeant’s position.

B.

Constitutionally Protected Property Interest

23.

Boddie’s position on the Eligibility List for promotion to Lieutenant

expiring on October 8, 2009 is a legitimate claim of entitlement created by Sections 10-

2.1-4, 2.1-11, and 2.1-11 of the Illinois Municipal Code 65 ILCS 5/10-2.1-15 (2008); 65

ILCS 5/2.1-4 (2008); 65 ILCS 5/2.1-11 (2008).

24. That statutory right is a form of property protected against deprivation

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without due process of law and equal protection of the laws by the Fourteenth

Amendment to the Constitution.

C.

Policy Making Agents of City of Peoria, Illinois for Police Promotions

25.

Mayor Ardis, City Manager Holling, and Chief Stettinsgaard are each

policy making agents of the City of Peoria for management of its Police Department and

vacancies in offices of that Police Department.

26. Mayor Ardis, City Manager Holling, and Chief Settinsgaard each

personally participated in the decisions on the vacancies for Lieutenant and Sergeant

and the exemption from Peoria Police Department Rules given Captain Baird that

allowed him to keep the Captain’s position which would have been filled by Boddie on

the Lieutenant’s List expiring on October 8, 2009 and the decision to promote Richard

Glover to Sergeant before the Sergeant’s List expired on November 8, 2009.

IV.

Plaintiff’s Claims

A. Constitutional & Statutory Provisions Involved

Constitution of the Unites States, Amendment XIV

…nor shall any State deprive any person of life, liberty, or property, without due process of law nor deny any person equal protection of the laws.

Civil Rights Act of 1871, 42 U.S.C. § 1983

Every person who, under color of any statute, ordinance, regulation, custom or usage of any State or Territory or the District of Columbia subjects, or causes to be subjected, a citizen of the United States or any person within the jurisdiction thereof to the deprivation of any rights, privileged or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

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B.

Federal Claim

27.

The conduct of the City of Peoria through its policy making agents, Mayor

Ardis, City Manager Holling, and Chief Settinsgaard specifically alleged in Part III A

acting as policy making agents of the City of Peoria as specifically alleged in Part III C

in honoring Mayor Ardis’ representation to the Executive Board of the Peoria Police

Benevolent that the extension of time given Captain Robert Baird to obtain residency in

the City of Peoria on March 22, 2009 would not affect promotions from the Lieutenant’s

List expiring on October 8, 2009 and the Sergeant’s List expiring on November 4, 2009

giving the promotion from the Sergeant to Richard Glover even though there were no

open Sergeant’s positions and rejecting Mayor Ardis’ representation that the promotion

to the open Lieutenant position would be made from the existing Lieutenant’s List is an

irrational and wholly arbitrary executive decision denying Boddie his property interest

as specifically alleged in Part III B in the Lieutenant’s Eligibility List contrary to the

Fourteenth Amendment guaranty of equal protection of the laws.

V.

Relief Requested

28. As a direct and proximate result of the deprivation of Boddie’s property

interest without equal protection of the laws, Boddie has lost the income he would have

earned as Lieutenant in the amount of $3,684.41 for the first year after his promotion,

$8,120.53 the second year, $11,209.50 the third year, and retirement income $6,253.19 per

year, for the remaining 30 years of his life, totaling $187, 595.70 of lost retirement

income computed in terms of what can be purchased by 2011 dollars, for a total amount

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of $210,610.14 computed in terms of what can be purchased by 2011 dollars. Boddie is

entitled to pre-judgment interest on the amount of past income lost; the amount earned

from an award of future damages is offset by the declining purchasing power of the

dollar that occurs in any growing economy and has occurred in the United States since

before Independence. A true copy of the Excel spreadsheet containing the computation

of damages is Ex:3.

29. Boddie is entitled to an injunction making him eligible for the next

available position as Lieutenant with damages in the amount of lost income and

retirement through the date of appointment as Lieutenant placing him in the same

position as he would have been had he been promoted to the vacant Lieutenant’s

position on October 8, 2009 plus appropriate interest at market rates.

30. Boddie has has in the past and will in the future incur attorney's fees and

expenses in the prosecution of this action which he is entitled to recover as a prevailing

plaintiff under 42 U.S.C. § 1988.

VII.

Prayer for Relief

Wherefore, Plaintiff, Kenneth Boddie, prays for judgment in his favor and

against the Defendants, in the following particulars:

1. Against the Defendants, City of Peoria, an Illinois Local Governmental Entity, Steven Settingsgaard, in His Individual Capacity, Henry Holling in His Individual Capacity, and Jim Ardis in His Individual Capacity jointly and severally for compensatory damages in the amount of Two Hundred Ten Thousand Six Hundred Ten and Fourteen cents ($210, 610.14.) plus appropriate interest at market rates.

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2. An injunction against Defendant, City of Peoria, Illinois, a Local Governmental Entity directing it and its authorized agents to making him eligible for the next available position as Lieutenant with damages in the amount of lost income and retirement through the date of appointment as Lieutenant placing him in the same position as he would have been had he been promoted to the vacant Lieutenant’s position on October 8, 2009 plus appropriate interest and market rates.

3. An award of the reasonable attorney’s fees, expenses, and expert witness fees incurred in prosecuting this action as a part of costs in favor of Plaintiff, Kenneth Boddie, and against the Defendants, City of Peoria, an Illinois Local Governmental Entity, Steven Settingsgaard, in His Individual Capacity, Henry Holling in His Individual Capacity, and Jim Ardis in His Individual Capacity

PLAINTIFF DEMANDS A TRIAL BY JURY

RICHARD L. STEAGALL RYAN S. McCRACKEN Nicoara & Steagall Commerce Bank Building 416 Main Street, Suite 815 Peoria, IL 61602 Tel: (309) 674-6085 Fax: (309) 674-6032 nicsteag@mtco.com

Respectfully submitted,

11

s/ Richard L. Steagall

RICHARD L. STEAGALL Attorney for the Plaintiff, Kenneth Boddie

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E-FILED

Monday, 27 June, 2011 05:28:06 PM Clerk, U.S. District Court, ILCD

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E-FILED

Monday, 27 June, 2011 05:28:06 PM Clerk, U.S. District Court, ILCD

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E-FILED

Monday, 27 June, 2011 05:28:06 PM Clerk, U.S. District Court, ILCD

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E-FILED

JS 44

(Rev. 3/99)

CIVIL COVER SHEET

Monday, 27 June, 2011 05:28:06 PM

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required

Clerk, U.S. District Court, ILCD

by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the

use of the Clerk of Court for the purpose of initiating the civil docket sheet.

(SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a)

PLAINTIFFS

DEFENDANTS City of Peoria, Illinois, an Illinois Local Governmental Entity, Steven Settingsgaard, Chief of Police of the Peoria Police Department, in His Individual Capacity, Henry Holling, City Manager of the City of Peoria, in His Individual Capacity, Jim Ardis, Mayor of the City of Peoria, in His Individual Capacity County of Residence of First Listed

Kenneth Boddie

 

(b)

County of Residence of First

PEORIA

 

(EXCEPT IN U.S. PLAINTIFF CASES)

   

(IN U.S. PLAINTIFF CASES ONLY)

 
 

NOTE:

IN LAND CONDEM NATION CASES, USE THE LOCATION OF THE

 

LAND INVOLVED.

 
 

(c)

Attorney’s (Firm Name, Address, and Telephone Number) RICHARD L. STEAGALL , NICOARA & STEAGALL 416 MAIN STREET, SUITE 815 PEORIA, IL 61602

 

Attorneys (If Known)

 

II.

BASIS OF JURISDICTION

(Place an “X” in One Box Only)

III.

CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff

 

(For Diversity Cases Only)

 

and O ne Box for

D efendant)

 
 

DEF

 

DEF

G

1

U.S. Government

X

3

Federal Question (U.S. Government Not a Party)

 

Citizen of This State

G

1

G

1

Incorporated or Principal Place of Business In This State

G

4

G 4

 

Plaintiff

   
 

2

U.S. Government

G

4

Diversity (Indicate Citizenship of Parties in Item III)

 

Citizen of Another State

G

2

G

2

Incorporated and Principal Place G of Business In Another State

5

G 5

 

Defendant

   
   

Citizen or Subject of a Foreign Country

G

3

G 3

Foreign Nation

G

6

G 6

IV. NATURE OF SUIT

(Place an “X” in One Box Only)

 

CONTRACT

   

TORTS

 

FORFEITURE/PENALTY

 

BANKRUPTCY

 

OTHER STATUTES

 

G

110 Insurance

   

PERSONAL INJURY

 

PERSONAL INJURY

G

610 Agriculture

G

422 Appeal 28 USC 158

G

400 State Reapportionment

 

G

120

M arine

G

310

Airplane

G

362 Personal Injury—

G

620 Other Food & Drug

 

G

410 Antitrust

 

G

130

M iller Act

G

315

Airplane

Product

M ed. M alpractice

G

625 Drug Related Seizure of Property 21 USC

G

423 Withdrawal

G

430 Banks and Banking

 

G

140 Negotiable Instrument

 

Liability

G

365 Personal Injury —

 

28

USC 157

G

450 Commerce/ICC Rates/etc.

G

150 Recovery of Overpayment

G

320

Assault, Libel & Slander

Product Liability 368 Asbestos Personal

G

630 Liquor Laws

 

PROPERTY RIGHTS

G

460 Deportation

 
 

&

Enforcement

of

 

G

G

640 R.R. & Truck

G

470 Racketeer Influenced and

G

151 Judgment M edicare

Act

G

330

Federal Employers’

 

G

650 Airline Regs.

   

Corrupt Organizations

 

G

152 Recovery of Defaulted Student Loans (Excl. Veterans)

 

G

340

Liability

M arine

Injury Product Liability

PERSONAL PROPERTY

G

660 Occupational Safety/Health

G

G

G

820 Copyrights

830 Patent

840 Trademark

G

G

810 Selective Service

850 Securities/Commodities/

G

345

M arine Product

G

370 Other Fraud 371 Truth in Lending

G

690 Other

   

Exchange

G

153 Recovery of Overpayment of Veteran’s Benefits

 

Liability

G

 

LABOR

 

SOCIAL SECURITY

G

875 Customer Challenge 12 USC 3410

 

G

350

M otor Vehicle

G

380 Other Personal

G

G

G

160 Stockholders’ Suits

190 Other Contract

195 Contract Product Liability

G

G

355

360

M otor

Product Liability

Other Personal Injury

Vehicle

G

Property Damage 385 Property Damage

Product Liability

G

G

710 Fair Labor Standards Act

720 Labor/M gmt. Relations

G

G

G

861 HIA (1395ff)

862 Black Lung (923)

863

DIWC/DIW W (405(g))

G

G

G

891 Agricultural Acts

892 Economic Stabilization Act

893

Environmental M atters

 

REAL PROPERTY

   

CIVIL RIGHTS

PRISONER PETITIONS

 

G

864 SSID Title XVI

G

G

894 Energy Allocation Act

895 Freedom of

 
         

G

730

Labor/M gmt.Reporting

G

865 RSI (405(g))

 

Information Act

G

210 Land Condemnation

G

441 Voting

G

510 Motions to Vacate

 

& Disclosure Act

 

G

9 0 0

A p p e a l

o f

F e e

G

220 Foreclosure

442 Employment

Sentence

G

740 Railway Labor Act

 

FEDERAL TAX SUITS

Determination Under Equal Access to

Justice

950 Constitutionality of

G

G

G

230 Rent Lease & Ejectment

240 Torts to Land

245 Tort Product Liability

G

G

443 Housing/

444

Accommodations

W elfare

G

G

Habeas Corpus:

530 General

535 Death Penalty

G

790 Other Labor Litigation

G

870 Taxes (U.S. Plaintiff

or Defendant)

G

G

290 All Other Real Property

X

440 Other Civil Rights

G

540 Mandamus & Other

G

791 Empl. Ret. Inc.

   

State Statutes

   

550 Civil Rights

555 Prison Condition

 

Security Act

G

871 IRS—Third Party

G

890 Other Statutory Actions

 

G

G

 

26

USC 7609

 

V. ORIGIN

X

1

Original

Proceeding

(PLACE AN “X” IN ONE BOX ONLY)

G

2

Removed from

State Court

G

3

Remanded from

Appellate Court

G

4 Reinstated or Reopened

G

5

Transferred from

another district

(specify)

G 6

Multidistrict

Litigation

G

7

Appeal to

District

Judge from

Magistrate

Judgment

VI. CAUSE OF ACTION

42 U.S.C. §1983

(Cite the U.S. Civil Statute under which you are filing and write brief statement of cause. Do not cite jurisdictional statutes unless diversity.)

VII. REQUESTED IN COMPLAINT:

G CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23

DEMAND $ 210,610.00

CHECK YES only if demanded in complaint:

JURY DEMAND: X Y es

N o

VIII. RELATED CASE(S) IF ANY

6/27/11

(See

instructions):

JUDGE

DOCKET NUMBER

s/Richard L. Steagall

DATE

SIGNATURE OF ATTORNEY OF RECORD

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FOR OFFICE USE ONLY

RECEIPT #

JS 44 Reverse (Rev. 12/96)

AM OUN

APPLYING IFP

JUDGE

M AG. JUDGE

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-44

Authority For Civil Cover Sheet

The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency,

use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then

the official, giving both name and title.

(b.) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section “(see attachment)”.

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X”

in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States, are included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS-44 is to be completed if diversity of citizenship was indicated above. Mark

this section for each principal party.

IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section IV below,

is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive.

V. Origin. Place an “X” in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box.

Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a) Do not use this for within district transfers or multidistrict litigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause.

VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.

Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS-44 is used to reference related pending cases if any. If there are related pending cases, insert the docket

numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

1:11-cv-01240-JES-JAG

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