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lerke Complain: ‘Aitorney Narmber: 33537 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT-LAW DIVISION ‘TERRENCE CLARKE, ) ) Plaintiff, ) ) v ) No. ) KHALED SHAAR, individually and as 8 Chicago) Police Officer, (Star No. 9039), ) OFFICER RAYMOND M. ELLITCH, as a Chicago) Police Officer (Star No, 12180), ) . OFFICER PAUL J. BURNS, as a Chicago ) : Police Officer (Star No. 5231 ) OFFICER PAULA C. SCHMEER (Star No. 225), _) OFFICER CHARLES J. MAMMOSER (Star No. 1863)) PORTILLO'S HOT DOGS, LLC, an Illinois Limited) Liability Company, TIMOTHY ROSS, individually.) - and JETTY SECURITY & INVESTIGATIONS, LLC, ) a an Illinois Limited Liability Company, ) ) Defendants, ) COMPLAINT AT LAW NOW COMES Plaintiff, TERRENCE CLARKE, by and through his attorneys, the LAW OFFICES KEVIN E. O’REILLY, LLC, complaining of the Defendants, KHALED SHAAR, OFFICER RAYMOND M. ELLITCH, OFFICER PAUL J. BURNS, OFFICES PAULA C. SCHMEER, OFFICER CHARLES J. MAMMOSER, PORTILLO’S HOT DOGS, LLC, TIMOTHY ROSS, and JETTY SECURITY & INVESTIGATIONS, LLC, as follows: PARTIES 1, On June 15-16, 2015, and at all times relevant hereto, CITY OF CHICAGO, was a municipal corporation organized under the laws of the State of Illinois. 2. On June 15-16, 2015, and at all times relevant hereto, Defendant, KHALED SHAAR, ‘was employed by the Police Department of CITY OF CHICAGO as a police officer. 3. On June 15-16, 2015, and at all times relevant hereto, Defendant, RAYMOND M. ELLITCH, was employed by the Police Department of the CITY OF CHICAGO as a police officer. 4. On June 15-16, 2015, and at all times relevant hereto, Defendant, PAUL J. BURNS, was employed by the Police Department of the CITY OF CHICAGO as a police officer. 5. On June 15-16, 2015, and at all times relevant hereto, Defendant, PAULA C. SCHMEER, was employed by the Police Department of the CITY OF CHICAGO as a police officer. 6. On June 15-16, 2015, and at all times relevant hereto, Defendant, CHARLES J. MAMMOSER, wes employed by the Police Department of the CITY OF CHICAGO as a police officer. 7. On June 15-16, 2015, and at all times relevant hereto, Defendant, PORTILLO'S HOT DOGS, LLC, was a limited liability company organized under the law of the State of Illinois, and owned, operated, managed and/or controlled a restaurant by the name of Portillo's Hot Dog's located at 100 West Ontario Street in the City of Chicago, County of Cook, and State of Illinois (“Chicago Portillo’s”). 8. On June 15-16, 2015, and at all times relevant hereto, Defendant, TIMOTHY ROSS, ‘was employed by PORTILLO'S HOT DOGS, LLC as the manager for the Chicago Portillo's. 9. On June 15-16, 2015, and at all times relevant hereto, Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, was an Illinois Limited Company with its principal place of business at 660 North Orleans Street in the City of Chicago, County of Cook and State of linois, and its registered address at 6650 North Oconto Avenue in the City of Chicago, County of Cook and State of Illinois. 10. On June 15-16, 2015, and at all times relevant hereto, Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, was in the business of providing security services. 11, On June 15-16, 2015, and at all times relevant hereto, Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, also employed Defendant, KHALED SHAAR, as a “bouncer” /security guard. JURISDICTION AND VENUE, 12, This court has jurisdiction of this controversy because it is among citizens of the State of Illinois, Venue is proper in Cook County pursuant to 735 ILCS 5/2-101 because all Defendants reside in Cook County and because this cause of action arises entirely out of events that occurred in Cook County. COMMON ALLEGATIONS 13, Prior to June 15-16, 2015, and at all times relevant hereto, JETTY SECURITY & INVESTIGATIONS, LLC, contracted with Defendant, PORTILLO'S HOT DOGS, LLC, to provide scourity services to the Chicago Portillo's. 14, On June 15-16, 2015, and at all times relevant hereto, Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, assigned their employee/agent, Defendant, KHALED SHAAR, to work for Defendant, PORTILLO’S HOT DOGS, LLC, as a “bouncer"/security guard for their Chicago Portillo’s 15. As part of Defendant, KHALED SHAAR?s duties as a “bouncer"/security guard for Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, and apparent agent for the Defendant, PORTILLO'S HOT DOGS, LLC’s Chicago Portillo's, he was required to keep order in the establishment and to provide for the safety of the Chicago Portillo’s patrons, including, the Plaintiff, TERRENCE CLARKE. 16. At approximately midnight on June 15-16, 2015, Plaintiff, TERRENCE CLARKE, lawfully entered the premises of the Chicago Portillo’s as 2 paying customer/patron and was a business invitee of Chicago Portillo’s. 17. At the time and place aforesaid, Plaintiff, TERRENCE CLARKE, a fifty nine (59) year old male, his wife and son (“Family”) decided to patronize the Chicago Portillo's for a sandwich after watching a Chicago Blackhawks win the Stanley Cup. 18, AC the time and place aforesaid, after receiving their food, Plaintiff, TERRENCE CLARKE, and his Family sat down to eat at one of the Chicago Portillo’s table 19, Shortly thereafter, Defendant, KHALED SHAAR, singled out Plaintiff, TERRENCE CLARKE, and his Family and in a belligerent and hostile manner told them that they had to leave the Chicago Portillo’s even though Plaintiff, TERRENCE CLARKE, and his Family were still eating. 20. At the time and place aforesaid, the Chicago Portillo's continued to sell food to patrons and allowed the other patrons to consume food on its premises, 21, Shortly thereafter, as Plaintiff, TERRENCE CLARKE, and his Family were finishing their meal, Defendant, KHALED SHAAR, once again approached the them in an intimidating and antagonistic manner and told them to leave and grabbed their food off the table and from the hands of TERRENCE CLARKE while he was eating. 22. Immediately thereafter, while acting in a dual role as a “bouncer”/sccurity guard for Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, and PORTILLO'S HOT DOGS, LLC, and as an off duty Chicago Police Officer, Defendant, KHALED SHAAR’s conduct turned from verbally antagonistic to physically violent as Defendant, KHALED SHAAR, removed his handeuffs, Placed them over his right hand and viciously attacked the Plaintiff, TERRENCE CLARK, by repeatedly punching him in the face and using his handcuffs as “brass knuckles” inflicting serious pain and resulting in severe lacerations and head injuries to the Plaintiff while his Family watched in horror. Further, Defendant, KHALED SHAAR, placed handcuffs on TERRENCE CLARKE's wrist in a manner so tight that it caused the circulation to be cut off from his wrist and other wrist injuries 23.To make matters even worse, after the responding Chicago Police Officers arrived, Defendants, KHALED SHAAR and TIMOTHY ROSS, both knowingly made false statements claiming that Plaintiff, TERRENCE CLARKE, struck Defendant, KHALED SHAAR, about his body with a chair and his fists. 24. Knowing that the aforementioned was wholly inaccurate and untrue, Portillo’s employee, Defendant, TIMOTHY ROSS, conspired with Defendant, KHALED SHAAR, and Chicago Police Officers RAYMOND M, ELLITCH, and PAUL J. BURNS to charge Plaintiff, TERRENCE CLARKE, with a class two felony of aggravated battery to a police officer, KHALED SHAAR, which is punishable by up to seven years in jail, 25. Even though video evidence and witness statements directly contradicted Defendants, KHALED SHAAR and TIMOTHY ROSS, statements, Defendant, Officers PAULA C. SCHMEER and CHARLES J. MAMMOSER, further conspired with Chicago Police Officers RAYMOND M. ELLITCH, and PAUL J. BURNS, and Defendants, KHALED SHAAR and TIMOTHY ROSS to cover up Defendants’, KHALED SHAAR and TIMOTHY ROSS, false statements and Defendant, KHALED SHAAR’s police brutality and excessive force, and to cease any and all investigation into the matter and maliciously prosecute Plaintiff, TERRENCE CLARK, with a class two felony of aggravated battery to a police officer, KHALED SHAAR, which is punishable by up to seven years in jail. COUNT I - Willful and Wanton Conduct (Clarke v. Khaled Shaar) 26. Plaintiff, TERRENCE CLARKE, repeats and re-alleges Paragraphs 1 through 21 of this Complaint as and for Paragraph 26 of this Count, as if fully set forth herein. 27.At the time and place aforesaid, Defendant, KHALED SHAAR, without legal provocation and in a willful and wanton manner, and with the intent to cause bodily harm to Plaintiff, TERRENCE CLARKE, physically grabbed Plaintiff and viciously attacked the Plaintiff, TERRENCE CLARK, by repeatedly punching him in the face and using bis handcuffs 1s “brass knuckles” inflicting serious pain and resulting in severe lacerations and head injuries to the Plaintiff while his Family watched in horror. 28. As a direct and proximate result of Defendant, KHALED SHAAR’s aforementioned acts, the Plaintiff, TERRENCE CLARKE, sustained injuries of a personal, pecuniary, and permanent nature and was injured, both physically and mentally, and has suffered and will in the future suffer great physical and emotional pain, suffering and discomfort, and physical and emotional impairment and disability and physical disfigurement, all of which injuries are permanent; and the plaintiff has been and will be prevented from attending to her ordinary affairs and duties, has lost income and other pecuniary gains, has suffered a permanently impaired earning capacity, has become liable for certain sums of money for medical care and attention, and will continue in the future to experience pain and suffering, ineur medical bills and lose income that he would have otherwise eamed WHEREFORE, Plaintiff, TERRENCE CLARKE, prays that this Court enter judgment in his favor and against Defendant, KHALED SHAAR, in a sum in excess of this Court's {jurisdictional limit of $50,000.00 and for the costs of bringing this lawsuit. COUNT I - NEGLIGENCE (Clarke v. Khaled Shaar) 29, Plaintiff, TERRENCE CLARKE, repeats and re-alleges Paragraphs 1 through 25 of this Complaint as and for Paragraph 29 of this Count, as if fully set forth herein. 30. At the time and place aforesaid, and at all times relevant hereto, Defendant, KHALED SHAAR, a bouncer”/seeurity guard for the Chicago Portillo's, owed a duty to exercise reasonable care towards the Chicago Portillo's patrons, including the Plaintiff, TERRENCE CLARKE. 31. At the time and place aforesaid, Defendant, KHALED SHAAR, was careless and negligent in one or more of the following respects: a. Carelessly and negligently handled Plaintiff in a way that wes overly aggressive and unnecessary; b. Carelessly and negligently used physical force without reasonable justification; c. Carelessly and negligently used excessive force without reasonable justification; . Carelessly and negligently applied more force than was necessary to restrain or apprehend the Plaintiff; e. Carelessly and negligently attempted to escort Plaintiff off the Chicago Portillo's premises in a way that caused injury when it could have and should have safely done so without causing injury; £ Carelessly and negligently beat, battered, struck, choked, bruised, wounded, kicked and ill treated the Plaintiff, TERRENCE CLARK; g Carelessly and negligently failed to take the necessary action to avoid injury to the plaintiff; and h. Otherwise carelessly and negligently cause injuries to the Plaintiff, TERRENCE CLARK, 32. Asadirect and proximate result of one or more of said wrongful acts or omissions of the Defendant, KHALED SHAAR, as set forth herein, the Plaintiff, TERRENCE CLARKE, sustained injuries of @ personal, pecuniary, and permanent nature and was injured, both physically and mentally, and has suffered and will in the future suffer great physical and emotional pain and discomfort, and physical and emotional impairment and disability and physical disfigurement, all of which injuries are permanent; and the plaintiff has been and will be prevented from attending to her ordinary affairs and duties, has Jost income and other pecuniary ‘gains, has suffered a permanently impaired earning capacity, and has become liable for certain sums of money for medical care and attention. WHEREFORE, the Plaintiff, TERRENCE CLARKE, prays for judgment against the Defendants, KHALED SHAAR, in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00), plus the cost of this lawsuit, COUNT Il- BATTERY (Clarke v. Officer Khaled Shaar) 33. Plaintiff hereby incorporates paragraphs | through 27 of Count I of this Complaint as Paragraph 33 of this Court as set forth herein. 34, At the time and place aforesaid, Plaintiff, TERRENCE CLARKE, did not provoke the physical contact or any offensive contact with Defendant, KHALED SHAAR. 35. At the time and place aforesaid, Defendant, KHALED SHAAR’s aforementioned conduct was intentional and constituted an unwanted touching of Plaintiff's person. 36.At the time and place aforesaid, Defendant, KHALED SHAAR’s actions in intentionally assaulting and battering Plaintiff, as described above, were committed with actual malice, deliberate violation and/or with gross negligent as to indicate a wanton disregard of Plaintiff's rights, 37. As a direct and proximate result of the aforesaid, the Plaintiff, TERRENCE CLARKE, sustained injuries of a personal, pecuniary, and permanent nature and wes injured, both physically and mentally, and has suffered and will in the future suffer great physical and emotional pain and discomfort, and physical and emotional impairment and disability and physical disfigurement, all of which injuries are permanent; and the plaintiff has been and will be prevented from attending to her ordinary affairs and duties, has lost ineome and other pecuniary gains, has suffered a permanently impaired earning capacity, and has become liable for certain sums of money for medical care and attention, WHEREFORE, the Plaintiff, TERRENCE CLARKE, prays for judgment against the Defendant, KHALED SHAAR, in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00), plus the cost of this lawsuit, COUNT IV ~ MALICIOUS PROSECUTION (Clarke v. Khaled Shar, Raymond M. Eulitch, Paul J. Burns, ‘Paula C. Schmeer, Charles J. Mammoser and Timothy Ross) 38. Plaintiff, TERRENCE CLARKE, repeats and re-alleges Paragraphs 1 through 25 of this Complaint as and for Paragraph 38 of this Count, as if fully set forth herein, 39, At the time and place aforesaid, Defendants, KHALED SHAAR, RAYMOND M. BLLITCH, PAUL J. BURNS, PAULA C. SCHMEER, CHARLES J. MAMMOSER, and TIMOTHY ROS: malicious prosecution against the Plaintiff, TERRENCE CLARKE, all without probable cause and despite knowing that the Plaintiff, TERRENCE CLARKE was not guilty of the offenses charged. Defendants were each instrumental in the initiation and perpetration of the prosecution of Plaintiff, TERRENCE CLARKE. Defendants, KHALED SHAAR, RAYMOND M. ELLITCH, PAUL J. BURNS, PAULA C, SCHMEER, CHARLES J. MAMMOSER, and individually and/or jointly and in conspiracy, initiated and/or continued a TIMOTHY ROSS, each acted with malice. 40. At the time and place aforesaid, the Defendant, KHALED SHAAR, made false statements regarding the Plaintiff, TERRENCE CLARKE’s conduct despite knowing the Plaintiff was not guilty of the offenses charged 41. At the time and place aforesaid, Defendant, TIMOTHY ROSS, made false statements regarding the Plaintiff, TERRENCE CLARKE’s conduct despite knowing the Plaintiff was not guilty of the offenses charged. 42. Thereafter, Defendants, KHALED SHAAR, RAYMOND M. ELLITCH, PAUL J. BURNS, PAULA C. SCHMEER, and CHARLES J. MAMMOSER, failed to further investigate Defendants, KHALED SHAAR and TIMOTHY ROSS's false statements and/or entered into an agreement to cover up his false statement, police brutality and/or excessive force. 43, The Defendants, KHALED SHAAR, RAYMOND M. ELLITCH, PAUL J. BURNS, PAULA C. SCHMFER, CHARLES J. MAMMOSER, and TIMOTHY ROSS, are liable for this ‘malicious prosecution because it was proximately cause by their aforesaid unlawful actions. 44, As a direct and proximate result of Plaintiff, TERRENCE CLARKE’s unprovoked, neediess and malevolent arrest, and Defendants’ aforesaid actions, Plaintiff, TERRENCE CLARKE, suffered physical and emotional injury as set forth in great detail herein, 45. Further, as a result of this unprovoked, needless and malevolent prosecution, Plaintiff, TERRENCE CLARKE, was required to hire the services of a lawyer and a private investigator to defend him against the charges incurring substantial legal expenses. WHEREFORE, the Plaintiff, TERRENCE CLARKE, prays for judgment against the Defendants, KHALED SHAAR, RAYMOND M. ELLITCH, PAUL J. BURNS, PAULA C. SCHMEER, CHARLES J, MAMMOSER, and TIMOTHY ROSS, in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00), plus the cost of this lawsuit, COUNT V- MALICIOUS PROSECUTION (Respondent Superior/ Apparent Agency) (Clarke v. Portillo’s Hot Dogs, LLC) 46. Plaintiff, TERRENCE CLARKE, repeats and re-alleges Paragraphs 38 through 41 of ‘Count IV as and for Paragraph as and for Paragraph 46 of this Count, as if fully set forth herein. 47, The Defendants, KHALED SHAAR, and TIMOTHY ROSS, are liable for this malicious prosecution because it was proximately cause by their aforesaid unlawful actions. 48. As a direct and proximate result of Plaintiff, TERRENCE CLARKE’s unprovoked, needless and malevolent arrest, and Defendants’ aforesaid actions, Plaintiff, TERRENCE CLARKE, suffered physical and emotional injury as set forth in great detail herein. 49, Further, as a result of this unprovoked, needless and malevolent prosecution, Plaintiff, ‘TERRENCE CLARKE, was required to hire the services of a lawyer and a private investigator to defend him against the charges incurring substantial legal expenses. 50. At the time and place aforesaid and at all times relevant hereto, Defendant, TIMOTHY ROSS, was acting as the duly authorized agents and/or employees of the Defendant, PORTILLO'S HOT DOGS, LLC, and then and there was acting within the scope of his employment with said principal 51. At the time and place aforesaid and at all times relevant hereto, Defendant, KHALED SHAAR, acted within the scope of Defendant, PORTILLO'S HOT DOGS, LLC, authority, as he acted with the intent of furthering his principals” interest in removing unwanted patrons from the premises of the Chicago Portillo's. 52. At the time and place aforesaid and at all times relevant hereto, Defendant, Portillo's HOT DOG'S, LLC held out the Defendant, KHALED SHAAR, as its agent, servant and/or apparent agent at their Chicago Portillo’s such that a reasonable person in the position of the Plaintiff, TERRENCE CLARKE, would suspect and believe that the Defendant, KHALED SHAAR, was the employee, agent, servant, and/or apparent agent of Defendant, Portillo's HOT DOG'S, LLC, upon justifiable reliance. 53. At the time and place aforesaid and at all times relevant hereto, Defendant, PORTILLO'S HOT DOG'S, LLC held out the Defendant, TIMOTHY ROSS, as its agent, employee servant and/or apparent agent at their Chicago Portillo's such that a reasonable person in the position of the Plaintiff, TERRENCE CLARKE, would suspect and believe that the Defendant, TIMOTHY ROSS, was the manager of the Chicago Portillo’s, and an employee, agent, servant, and/or apparent agent of Defendant, Portillo’s HOT DOG'S, LLC, upon justifiable reliance. 54. At the time and place aforesaid and at all times relevant hereto, Defendant, TIMOTHY ROSS, acted within the scope of Defendant, PORTILLO'S HOT DOGS, LLC’s authority, as he acted with the intent of furthering his principals’ interest as manager of the Chicago Portllo’s 55. At the time and place aforesaid and at all times relevant hereto, on information and belief, Defendant, PORTILLO'S HOT DOG'S, LLC, exercised control over the conduct of the Defendants, KHALED SHAAR and TIMOTHY ROSS, at all times relevant herein, and had the right to control the time, manner and method of his work. 56, Defendant, PORTILLO’S HOT DOG'S, LLC is vicariously liable under the doctrine of respondeat superior for the acts of its agents, officers, servants, apparent agents, employees and/or representative. WHEREFORE, the Plaintiff, TERRENCE CLARKE, prays for judgment against the Defendant, PORTILLO’S HOT DOGS, LLC, in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00), plus the cost of this lawsuit. 10 COUNT VI - MALICIOUS PROSECUTION (Respondeat Superior) (Clarke v. Jetty Security & Investigations, LLC) 57. Plaintiff, TERRENCE CLARKE, repeats and re-alleges Paragraphs 38 through 40 of Count TV as and for Paragraph 57 of this Count, as if fully set forth herein, 58. The Defendant, KHALED SHAAR, is liable for this malicious prosecution because it \was proximately cause by his aforesaid unlawful actions, 59. As a direct and proximate result of Plaintiff, TERRENCE CLARKE’s unprovoked, needless and malevolent arrest, and Defendant, KHALED SHAAR’s aforesaid actions, Plaintiff, TERRENCE CLARKE, suffered physical and emotional injury as set forth in great detail herein. 60. Further, as a result of this unprovoked, needless and malevolent prosecution, Plaintiff, ‘TERRENCE CLARKE, was required to hire the services of a lawyer and a private investigator to defend him against the charges incurring substantial legal expenses. 61. At the time and place aforesaid and at all times relevant hereto, the Defendant, KHALED SHAAR, was acting as the duly authorized agent and/or employee of the Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, and then and there was acting within the scope of his employment with said principal. 62. At the time and place aforesaid and at all times relevant hereto, on information and belief, Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, exercised control over the conduct of the Defendant, KHALED SHAAR, at all times relevant herein, and had the right to control the time, manner and method of his work. 63. Defendant, IETTY SECURITY & INVESTIGATIONS, LLC, is responsible for the Defendant, KHALED SHAAR’s actions and the consequences of his actions under the doctrines of respondeat superior and agency. WHEREFORE, the Plaintiff, TERRENCE CLARKE, prays for judgment against the Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00), plus the cost of this lawsuit. wer i ‘COUNT VIl - CONSPIRACY (Plaintiff v. Al Defendants) (64, Plaintiff, TERRENCE CLARKE, repeats and re-alleges Paragraphs 1 through 25 of this Complaint as and for Paragraph 64 of this Count, as if fully set forth herein. 65. At the aforesaid time and place, Defendants, CITY OF CHICAGO, OFFICER KHALED SHAAR, OFFICE RAYMOND M. ELLITCH, OFFICER PAUL J. BURNS, OFFICES PAULA C. SCHMEER, OFFICER CHARLES J. MAMMOSER, PORTILLO'S HOT DOGS, LLC, JETTY SECURITY & INVESTIGATIONS, LLC, and TIMOTHY ROSS, and other unnamed Portillo's Hot Dog’s employees knowingly and voluntarily entered into an agreement with OFFICER KHALED SHAAR to participate in a scheme to cover up OFFICER KHALED SHAAR’s vicious and brutal attack of Plaintiff, TERRENCE CLARK, to cover up OFFICER KHALED SHAAR’s history of violence, to protect OFFICER KHALED SHAAR from prosecution and criminal charges, to protect KHALED SHAAR’s job as a police officer for the CITY OF CHICAGO, to conduct no further investigation into the aforementioned incident, and to maliciously prosecute and overcharge Plaintiff, TERRENCE CLARK. (66. At the aforesaid time and place, Defendants, and others acted in their respective role according to a predetermined and commonly understood plan of action, all for the puspose of covering up OFFICER KHALED SHAAR?s vicious and brutal attack of Plaintiff, TERRENCE. CLARK, covering up OFFICER KHALED SHAAR’s history of violence, protecting KHALED SHAAR from prosecution and criminal charges resulting, KHALED SHAAR’s job as a police officer for the CITY OF CHICAGO, ceasing all investigation into the aforementioned incident resulting in the malicious prosecution and overcharging of Plaintiff, TERRENCE CLARK causing him substantial physical, emotional and other injuries sustained as described in more detail herein. 67. At all times relevant hereto, Defendants, PORTILLO'S HOT DOGS, LLC and JETTY, SECURITY & INVESTIGATIONS, LLC, knowing the aforementioned conduct of fellow Defendants, OFFICER RAYMOND M. ELLITCH, OFFICER PAUL J. BURNS, OFFICER PAULA C. SCHMEER, TIMOTHY ROSS, and other unnamed Portillo's Hot Dogs LLC’s employees, accepted, promulgated and encouraged the conduct of said officers, cmaployees, agents, servants and/or apparent agents. 12 68. The acts of the co-conspirators were contrary to law and included, malicious prosecution, overcharging the Plaintiff, battery, and willful and wanton conduct. 69, The co-conspirators, including PORTILLO’S HOT DOGS, LLC and JETTY, SECURITY & INVESTIGATIONS, LLC, knowing the aforementioned conduct of fellow Defendants, OFFICER KHALED SHAAR, OFFICER, RAYMOND M. ELLITCH, OFFICER PAUL J. BURNS, OFFICER PAULA C. SCHMEER, OFFICER CHARLES J. MAMMOSER TIMOTHY ROSS, and other unnamed Portillo’s Hot Dogs LLC’s employees, agreed to commit the unlawful acts alleged herein, There was a meeting of the minds among the Defendants to commit the unlawful acts alleged herein. 70. The Defendants, PORTILLO'S HOT DOGS, LLC and JETTY, SECURITY & INVESTIGATIONS, LLC, as a result of the foregoing, tacitly approved and implicitly ratified the conduct of Defendants, OFFICER KHALED SHAAR, OFFICER, RAYMOND M. ELLITCH, OFFICER PAUL J. BURNS, OFFICER PAULA C. SCHMEER, OFFICER CHARLES J. MAMMOSER and TIMOTHY ROSS 71, Each of the Defendants acted in their respective role and described in greater detail herein, according to 2 predetermined and commonly understood and accepted plan to further the conspiracy. Each committed unlawful acts in furtherance of the conspiracy. 72, Defendants’ actions were contrary to numerous provisions of law. 73. As a direct and proximate result of Defendants’ agreement and unlawful actions pursuant to and in furtherance of the common scheme described in greater detail herein, the Plaintiff, TERRENCE CLARKE, sustained injuries of @ personal, pecuniary, and permanent nature and was injured, both physically and mentally, and has suffered and will in the future suffer great physical and emotional pain and discomfort, and physical and emotional impairment and disability and physical disfigurement, all of which injuries are permanent; and the plaintiff has been and will be prevented from attending to her ordinary affairs and duties, has lost income ‘and other pecuniary gains, has suffered @ permanently impaired earning capacity, and has become liable for certain sums of money for medical care and attention, 74, Further, as a direct and proximate result of Defendants’ agreement and unlawful actions pursuant to and in furtherance of the common scheme described in greater detail herein, the Plaintiff, TERRENCE CLARKE, was required to hire the services of @ lawyer and an investigator to defend himself against the charges incurring substantial legal expenses. 13 75. Defendants, PORTILLO'S HOT DOGS, LLC and JETTY SECURITY & INVESTIGATIONS, LLC, are liable for the conduct of the other conspirators, including but not limited to OFFICER KHALED SHAAR, RAYMOND M. BLLITCH, OFFICER PAUL J. BURNS, OFPICER PAULA C, SCHMEER, TIMOTHY ROSS, and other unnamed Portillo’s Hot Dogs LLC’s employees due to the legal doctrines of respondeat superior and vicarious ity. As a result of Defendants’ conduct set forth herein, Plaintiff has been injured. WHEREFORE, the Plaintiff, TERRENCE CLARKE, prays for judgment against the Defendants, OFFICER KHALED SHAAR, OFFICE RAYMOND M. ELLITCH, OFFICER PAUL J. BURNS, OFFICES PAULA C. SCHMEER, OFFICER CHARLES J. MAMMOSER, PORTILLO’S HOT DOGS, LLC, JETTY SECURITY & INVESTIGATIONS, LLC, and TIMOTHY ROSS, in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00), liak plus the cost of this lawsuit COUNT VIII ~ Negligence (Respondeat Superior) (Plaintiff v. Jetty Security & Investigations, LLO) 76, Plaintiff, TERRENCE CLARKE, repeats and re-alleges Paragraphs 1 through 25 of this Complaint as and for Paragraph 76 of this Count, as if fully set forth herein. 77. At the aforesaid time and place and at all times relevant hereto, the Defendant, KHALED SHAAR, was acting as the duly authorized agent and/or employee of the Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, and then and there was acting within the scope of his employment with said principal, 78. At the aforesaid time and place and at all times relevant hereto, Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, exercised control over the conduct of the Defendant, KHALED SHAAR, at all times relevant herein, and had the tight to control the time, manner and method of his work 79, Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, is responsible for the Defendant, KHALED SHAAR?’s actions and the consequences of his actions under the doctrines of respondeat superior and agency. 80. At the aforesaid time and place and at all times relevant hereto, Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, through its duly authorized agent and employee, Defendant, KHALED SHAAR, owed a duty to exercise reasonable care towards the Chicago 14 Portillo’s patrons, including the Plaintiff, TERRENCE CLARKE, while working as a bouncer"/security guard for the Chicago Portillo's. 81. At the time and place aforesaid, Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, through its duly authorized agent and employee, Defendant, KHALED SHAAR, was careless and negligent in one or mote of the following respects: a. Carelessly and negligently handled Plaintiff in a way that was overly aggressive and unnecessary; b. Carelessly and negligently used physical force without reasonable justification; ©. Carelessly and negligently used excessive force without reasonable justification; d. Carelessly and negligently applied more force than was necessary to restrain or apprehend the Plaintiff; e. Carclessly and negligently attempted to escort Plaintiff off the Chicago Portillo's premises in a way that caused injury when it could have and should have safely done so without causing injury; £ Carelessly and negligently beat, battered, struck, choked, bruised, wounded, kicked and ill treated the Plaintiff, TERRENCE CLARK; g. Carelessly and negligently failed to take the necessary action to avoid injury to the plaintiff; and h, Otherwise carelessly and negligently cause injuries to the Plaintiff, TERRENCE CLARK. 82. Asa direct and proximate result of one or more of said wrongful acts or omissions of the Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, through its duly authorized agent and employee, Defendant, KHALED SHAAR, as set forth herein, Plaintiff, TERRENCE CLARKE, sustained injuries of a personal, pecuniary, and permanent nature and was injured, both physically and mentally, and has suffered and will in the future suffer great physical and emotional pain and discomfort, and physical and emotional impairment and disability end physical disfigurement, all of which injuries are permanent; and the plaintiff has been and will be prevented from attending to her ordinary affairs and duties, has lost income and other pecuniary gains, has suffered a permanently impaired earning capacity, and has become liable for certain sums of money for medical care and attention, WHEREFORE, the Plaintiff, TERRENCE CLARKE, prays for judgment against the Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, in an amount in excess of FIFTY THOUSAND DOLLARS nee 15 COUNT IX - NEGLIGENCE (Clarke v. Portitlo’s Hot Dogs, LLC) (Respondeat Superior/Apparent Agency) 83, Plaintiff, TERRENCE CLARKE, repeats and re-alleges Paragraphs 1 through 25 of this Complaint as and for Paragraph 83 of this Count, as if fully set forth herein, 84.At the time and place aforesaid and at all times relevant hereto, the “bouncer”/scourity guard, Defendant, KHALED SHAAR, acted within the seope of Defendants’, PORTILLO'S HOT DOGS, LLC and JETTY SECURITY & INVESTIGATIONS, LLC, authority, as he acted with the intent of furthering his principals’ interest in removing unwanted patrons from the premises of the Chicago Portillo's. 85. At the time and place aforesaid and at all times relevant hereto, Defendant, Portillo's HOT DOG'S, LLC held out the Defendant, KHALED SHAAR, as its agent, servant and/or apparent agent at their Chicago Portillo’s such that a reasonable person in the position of the Plaintiff, TERRENCE CLARKE, would suspect and believe that the Defendant, KHALED SHAAR, was the employee, agent, servant, and/or apparent agent of Defendant, Portillo's HOT DOG'S, LLC, upon justifiable reliance. 86, At the time and place aforesaid and at all times relevant hereto, on information and belief, Defendant, PORTILLO'S HOT DOG'S, LLC, exercised control over the conduct of the Defendant, KHALED SHAAR, at all times relevant herein, and had the right to control the time, manner and method of his work. 87. Defendant, Portillo’s HOT DOG'S, LLC. is vicariously liable under the doctrine of respondeat superior for the acts of its agents, officers, servants, apparent agents, employees andior representative. 88, Defendant, Portillo's HOT DOG'S, LLC, through its agent, servant and/or apparent agent, Defendant, KHALED SHAAR, was under a duty to exercise reasonable care, 89. At all times relevant hereio, Defendants knew ot in the exercise of ordinary care should have know that it's bouncers/security guard, KHALED SHAAR, was a person of ungovernable temper and violence. 90. At the time and place aforesaid and at all times relevant hereto, Defendant, Portillo's HOT DOG'S, LLC, through its agent, servant and/or apparent agent, Defendant, KHALED 16 SHAAR, an agent, servant and/or apparent agent for Defendant, Portillo's HOT DOG'S, LLC, at the Chicago Portillo's was under a duty to exercise reasonable care. 91, At the time and place aforesaid and at all times relevant hereto, Defendant, Portillo's HOT DOG'S, LLC, owed a duty of ordinary care to conduct its business, including that of removing unwanted persons with reasonable care 92. At the time and place aforesaid, Defendant, PORTILLO'S HOT DOGS, LLC, by and through it duly authorized agents, employees, servants, and/or its apparent agents was careless and negligent in one or more of the following respects a b. Carelessly and negligently operated it’s business; Carclessly and negligently failed to observe the condition and demeanor of its bouncers/security guards so as to be aware of the risk of harm to paying customers and patrons or it's business establishment; Carelessly and negligently failed to wam Plaintiff of the serious risk of harm presented by the actions and demeanor of its employee bouncers/seourity guards; Negligently failed to control it’s bouncers/security guards so as to avoid an assault and battery upon Plaintiff; Negligently assaulted and battered Plaintiff; Negligently failed to remove its bouncers/security guards from its patrons after recognizing that a tisk of harm to it’s patrons was represented; Negligently failed to probibit its bouncers/security guards from violently assaulting and battering its patrons, including Plaintiff, herein; Failed to provide adequate security for the Chicago Portillo's; Allowed known violent individuals (ie. Defendant, Khaled Shar) to work as a “bouncer” /security guard at the Chicago Portillo's; Failed to warn the plaintiff or anyone else of the an unsafe, dangerous or hazardous situation although they knew or should have known of the said dangerous and unsafe condition; Failed to prevent known violent individuals from entering the establishment; Failed to remove known violent individuals from the establishment; Failed to prevent known violent individuals from fighting within the establishment; Failed to protect Plaintiff from known violent patrons; Failed to take the necessary action to avoid injury to the plaintiff; Carelessly and negligently handled Plaintiff in a way that was overly aggressive and unnecessary; Carelessly and negligently used physical force without reasonable justification; Carelessly and negligently used excessive force without reasonable justification; Carelessly and negligently applied more force than was necessary to restrain or apprehend the Plaintif®, Carelessly and negligently attempted to escort Plaintiff off the Chicago Portillo's premises in a way that caused injury when it could have and should have safely done so without causing inju 17 u. Carelessly and negligently beat, battered, struck, choked, bruised, wounded, kicked and ill treated the Plaintiff, TERRENCE CLARK; vy. Carelessly and negligently failed to take the necessary action to avoid injury to the plaintiff; and W, Otherwise carelessly and negligently caused injuries to the Plaintiff, TERRENCE CLARK. x. Otherwise carelessly and negligently operated its business establishment (i.e. Chicago Pottillo’s).. 93. Asa direct and proximate result of one or more of said wrongful acts or omissions of the Defendant, PORTILLO'S HOT DOGS, LLC, as set forth herein, the Plaintiff, TERRENCE CLARKE, sustained injuries of a personal, pecuniary, and permanent nature and ‘was injured, both physically and mentally, and has suffered and will in the future suffer great physical and emotional pain and discomfort, and physical and emotional impairment and disability and physical disfigurement, all of which injuries are permanent; and the plaintiff has been and will be prevented from attending to her ordinary affairs and duties, has lost income and other pecuniary gains, has suffered a permanently impaired earning capacity, and has become liable for certain sums of money for medical care and attention. WHEREFORE, the Plaintiff, TERRENCE CLARKE, prays for judgment against the Defendant, PORTILLO’S HOT DOGS, LLC, in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00), plus the cost of this lawsuit. COUNT X - Negligent Training (Plaintiff v. Jetty Security & Investigations, LLC) 04, Plaintiff, TERRENCE CLARKE, repeats and re-alleges Paragraphs 1 through 25 of this Complaint as and for Paragraph 94 of this Count, as if fully set forth herein. 95. At the time and place aforesaid and at all times relevant hereto, Defendant, KHALED SHAAR, acted within the scope of Defendant, IETTY SECURITY & INVESTIGATIONS, LLC's authority, as he acted with the intent of furthering his principals’ interest in removing unwanted patrons from the premises of the Chicago Portillo's. 96, At the time and place aforesaid and et all times relevant hereto, Defendant, KHALED SHAAR, in the course and scope of his employment for JETTY SECURITY & INVESTIGATIONS, LLC, and in a perceived attempt to protect himself, the premises of Chicago Portillo's and other patrons doing business with his principal, used more fore than was 18 reasonably necessary against Plaintiff when he repeatedly struck the Plaintiff about his face and eyes. 97. At the time and place aforesaid and at all times relevant hereto, Defendant, KHALED SHAAR owed a duty of ordinary care in the operation and control of its business enterprise to its principals’ patrons and customers including the Plaintiff herein by training its employees, servants, agents and/or its apparent agents. 98. At the time and place aforesaid and at all times relevant hereto, Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, by and through it duly authorized agents, was careless and negligent in one or more of the following respects: a. Carelessly and negligently failed to properly train its “bouncers”/security personnel ‘on when and how to handle patrons; b. Carelessly and negligently failed to properly train its “bouncers"/security personnel ‘on the appropriate level of force to use when handling partrons; c. Carelessly and negligently supervised its “bouncers"/security personnel on when and how to handle patrons; . Negligently training its bouncers/security personnel, employees, agents, servants ‘and/or apparent agents in the proper supervision of security and safety for its patrons, including Plaintiff, herein; e. Failed to adequately train its employees, agents, servants and/or apparent agents (i.e Khaled Shaar); £ Negligently trained or failed to train its employees, agents, servants and/or apparent agents on how to calmly and properly wam patrons of Chicago Portillo's closing time; g. Negligently trained or failed to train its employees, agents, servants and/or apparent agents to not remove or ask patrons fo leave until Chicago Portillo's officially closed according to its posting closing time; h. Negligently trained or failed to train its employees, agents, servants and/or apparent agents to accurately report its employees, agents, servants, apparent agents and/or its patrons contact to the appropriate authorities; i. Negligently trained or failed to train its employees, agents, servants and/or apparent agents to accurately file a police report (verbal or written); |. Negligently trained or failed to train its employees, agents, servants and/or apparent agents to accurately and truthfully complete incident reports for customer issues; k. Otherwise carelessly or negligently trained its employees, agents, servants and/or apparent agents. 99. As a direct and proximate result of one or more of said wrongful acts or omissions of the Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, as set forth herein, the Plaintiff, TERRENCE CLARKE, sustained injuries of a personal, pecuniary, and permanent nature and was injured, both physically and mentally, and has suffered and will in the future 19 suffer great physical and emotional pain and discomfort, and physical and emotional impairment ‘and disability and physical disfigurement, all of which injuries are permanent; and the plaintiff has been and will be prevented from attending to her ordinary affairs and duties, has lost income and other pecuniary gains, has suffered a permanently impaired earning capacity, and has become liable for certain sums of money for medical care and attention. WHEREFORE, the Plaintiff, TERRENCE CLARKE, prays for judgment against the Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, in an amount in excess of FIFTY ‘THOUSAND DOLLARS ($50,000.00), plus the cost of this lawsuit. COUNT XI - Negligent Training (Plaintiff v. Portillo’s Hot Dog’s, LLC) 100, Plaintiff, TERRENCE CLARKE, repeats and re-alleges Paragraphs 1 through 25 of this Complaint as and for Paragraph 100 of this Count, as if fully set forth herein. 101. At the time and place aforesaid and at all times relevant hereto, Defendant, Portillo's HOT DOG'S, LLC, held out the Defendant, KHALED SHAAR, as its agent, servant and/or apparent agent at their Chicago Portillo's such that a reasonable person in the position of the Plaintiff, TERRENCE CLARKE, would suspect and believe that the Defendant, KHALED SHAAR, was the employee, agent, servant, and/or apparent agent of Defendant, Portillo’s HOT DOG'S, LLC, upon justifiable reliance. 102. At the time and place aforesaid and at all times relevant hereto, Defendant, KHALED SHAAR, acted within the scope of Defendant's, PORTILLO'S HOT DOGS, LLC, authority, as he acted with the intent of furthering his principals’ interest in removing unwanted patrons from the premises of the Chicago Portillo's as its “bouncer”/security guard 103. At the time and place aforesaid and at all times relevant hereto, Defendant, TIMOTHY ROSS, was acting as the duly authorized agents and/or employees of the Defendant, PORTILLO'S HOT DOGS, LLC, and then and there was acting within the scope of his employment with said principal 104, At the time and place aforesaid and at all times relevant hereto, DEFENDANT, TIMOTHY ROSS, acted within the scope of Defendant’s, PORTILLO’S HOT DOGS, LLC, authority, as he acted with the intent of furthering his principals” interest as manager of the Chicago Portillo’s. 20 108, At all times relevant hereto, Defendant, TIMOTHY ROSS, acted within the scope of Defendant, PORTILLO'S HOT DOGS, LLC’s authority, as he acted with the intent of furthering his principals’ interest as manager of the Chicago Portllo’s. 106. At the time and place aforesaid and at all times relevant hereto, on information and belief, Defendant, PORTILLO'S HOT DOG’S, LLC, exercised control over the conduct of the Defendants, KHALED SHAAR and TIMOTHY ROSS, at all times relevant herein, and had the right to control the time, manner and method of his work 107. Defendant, PORTILLO'S HOT DOGS, LLC is vicariously liable under the doctrine of respondeat superior for the acts of its agents, officers, servants, apparent agents, employees and/or representative. 108. At the time and place aforesaid and at all times relevant hereto, Defendant, KHALED SHAAR, as an apparent agent for Defendant, PORTILLO'S HOT DOGS, LLC, and in a perceived attempt to protect himself, the premises of his principal, the Chicago Portillo's, and other patrons doing business with his principal, used more force than was reasonably necessary against Plaintiff when he struck the Plaintiff about his face and eyes. 109. At the time and place aforesaid and at all times relevant hereto, Defendant, TIMOTHY ROSS, in the course and scope of his employment and as an agent for Defendant, PORTILLO'S HOT DOGS, LLC, contacted the Chicago Police Department, providing a false statement in a perceived attempt to report the aforementioned incident the proper authorities, the Chicago Police Department. 110. At the time and place aforesaid and at all times relevant hereto, Defendant, TIMOTHY ROSS, in the course and scope of his employment for Defendant, PORTILLO'S HOT DOGS, LLC, and in a perceived attempt to complete Defendant, PORTILLO'S HOT DOGS, LLC’s Risk Management Department Incident Report for Customer Issues, provided a false statement. 111. At the time and place aforesaid and at all times relevant hereto, Defendant, KHALED SHAAR, in the course and scope of his employment and as an agent for Defendant, PORTILLO'S HOT DOGS, LLC, contacted the Chicago Police Department, providing a false statement in a perceived attempt to report the aforementioned incident the proper authorities, the Chicago Police Department. a 112. At the time and place aforesaid and at all times relevant hereto, Defendants owed a duty of ordinary care in the operation and control of its business enterprise and premises to its patrons and customers including the Plaintiff herein by training its employees, servants, agents and/or its apparent agents. 113. At the time and place aforesaid and at all times relevant hereto, Defendant, PORTILLO'S HOT DOG'S, LLC, by and through it duly authorized agents, was careless and negligent in one or more of the following respects: a. Carelessly and negligently failed to properly train its “bouncers” /security personnel on when and how to handle patrons; b. Carelessly and negligently supervised its “bouncers”/security personnel on when and how to handle patrons; c. Carelessly and negligently training its bouncers/security personnel, employees, agents, servants and/or apparent agents in the proper supervision of security and safety for its patrons, including Plaintiff, herein; 4. Failed to adequately train its employees, agents, servants and/or apparent agents (i.e Khaled Shaar and Timothy Ross); e. Carelessly and negligently trained or failed to train its employees, agents, servants and/or apparent agents on how to calmly and properly war patrons of Chicago Portitlo’s closing time; £ Carelessly and negligently trained or failed to train its employees, agents, servants and/or apparent agents to not remove or ask patrons to leave until Chicago Portillo's officially closed according to its posting closing time; g. Carelessly and negligently trained or failed to train its employees, agents, servants and/or apparent agents to accurately report its employees, agents, servants, apparent agents and/or its patrons contact to the appropriate authorities; h. Carelessly and negligently trained or failed fo train its employees, agents, servants and/or apparent agents to accurately file an oral or written statement of an incident with the appropriate authorities (i.e. Chicago Police Department); Carelessly and negligently trained or failed to train its employees, agents, servants. and/or apparent agents to accurately prepare/file a Risk Management Department Incident Report for Customer Issues; |. Otherwise carelessly and negligently trained or failed to train its employees, agents, servants and/or apparent agents. 114, Asa direct and proximate result of one or more of said wrongful acts or omissions of the Defendant, PORTILLO'S HOT DOGS, LLC, as set forth herein, the Plaintiff, TERRENCE CLARKE, sustained injuries of a personal, pecuniary, and permanent nature and was injured, both physically and mentally, and has suffered and will in the future suffer great physical and emotional pain and discomfort, and physical and emotional impairment and disability and physical disfigurement, all of which injuries are permanent; and the plaintiff has 22 been and will be prevented from attending to her ordinary affairs and duties, has lost income and other pecuniary gains, has suffered a permanently impaired earning capacity, and has become liable for certain sums of money for medical care and attention. WHEREFORE, the Plaintiff, TERRENCE CLARKE, prays for judgment against the Defendant, PORTILLO’S HOT DOGS, LLC, in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00), plus the cost of this lawsuit COUNT XI — NEGLIGENT HIRING (Clarke v. Jetty Security & Investigations, LLC) 115, Plaintiff, TERRENCE CLARKE, repeats and re-alleges Paragraphs | through 25 of this Complaint as and for Paragraph 115 of this Count, as if fully set forth herein. 116, Prior to June 15-16, 2015, Defendant, JETTY SECURITY & INVESTIGATIONS, bired Defendant, KHALED SHAAR, as an employee to work as a “bouncer/security guard. 117.Prior to his employment with Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, bad been investigated, reprimanded and/or otherwise disciplined for misconduct, the use excessive force, and/or other improper conduct on numerous occasions. 118.On at least three occasions prior to June 15-16, 2015, Defendant, KHALED SHAAR, was investigated, reprimanded and/or otherwise disciplined for police brutality and the use of excessive force in the line of duty. 119, Defendant, IETTY SECURITY & INVESTIGATIONS, LLC, knew or should have known of Defendant, KHALED SHAAR had a particular unfitness to guard as @ “bouncer"Ysecurity personnel due to his past misconduct when hiring him. 120, Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, knew or should have known that Defendant, KHALED SHAAR has a particular unfitness for working as a “bouncer”/security personnel because of his propensity to use excessive force so as to create a danger of harm to third persons (é¢. Plaintiff, Terrence Clarke) 121, Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, carelessly and nogligently chose to hire the defendant, KHALED SHAAR, despite his unfitness as @ law enforcement officer for the Chicago Police Department. 122.As a direct and proximate cause of Defendant, JETTY SECURITY & INVESTIGATIONS, LLC's decision to hire Defendant, KHALED SHAAR, Plaintiff, 23 TERRENCE CLARKE sustained injuries that were consistent with Defendant, KHALED SHAAR’s aforementioned prior misconduct. 123.As a direct and proximate cause of Defendant, JETTY SECURITY & INVESTIGATIONS, LLC’s careless and negligent hiring, Plaintiff, TERRENCE CLARKE, was required to hire the services of a lawyer and a private investigator to defend him against the charges incurring substantial legal expenses. 124. Further as a direct and proximate cause of Defendant JETTY SECURITY & INVESTIGATIONS, LLC, as set forth herein, the Plaintiff, TERRENCE CLARKE, sustained injuries of a personal, pecuniary, and permanent nature and was injured, both physically and mentally, and has suffered and will in the future suffer great physical and emotional pain and discomfort, and physical and emotional impairment and disability and physical disfigurement, all of which injuries are permanent; and the plaintiff has been and will be prevented from attending to her ordinary affairs and duties, has lost income and other pecuniary gains, has suffered a permanently impaired earning capacity, and has become liable for certain sums of money for ‘medical care and attention, WHEREFORE, the Plaintiff, TERRENCE CLARKE, prays for judgment against the Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00), plus the cost of this lawsuit COUNT XU - NEGLIGENT RETENTION (Clarke v. Jetty Security & Investigations, LLC) 125, Plaintiff, TERRENCE CLARKE, repeats and re-alleges Paragraphs | through 25 of this Complaint as and for Paragraph 125 of this Count, as if fully set forth herein, 126. Prior to June 15-16, 2015, Defendant, JETTY SECURITY & INVESTIGATIONS, LLC hired Defendant, KHALED SHAR, as an employee to work as a bouncer"/secutity guard. 127. During his employment with Defendant, JETTY SECURITY & INVESTIGATIONS, had been investigated, reprimanded and/or otherwise disciplined for misconduct, the use excessive force, and/or other improper conduct on numerous occasions. 128. During his employment with Defendant, Defendant, KHALED SHAAR, was investigated, reprimanded and/or otherwise disciplined for police brutality and the use of excessive force in the line of duty. 24 129, Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, knew or should have known in the exercise of ordinary care of Defendant, KHALED SHAAR had a particular unfitness to work as a “bouncer”/sceurity guard due to his misconduct, 130. Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, knew or should have known in the exercise of ordinary care that Defendant, KHALED SHAAR has a particular unfitness for working as a “bouncer”/security guard because of his propensity to use excessive force so as to create a danger of harm to third persons (i.e, Plaintiff, Terrence Clarke), and was a person of ungovernable temper and violence. 131. Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, carelessly and negligently chose to retain the Defendant, KHALED SHAAR, despite his unfitness 25 a law enforcement officer for the Chicago Police Department 132. As a direct and proximate cause of Defendant, JETTY SECURITY & INVESTIGATIONS, LLC’s careless and negligent retention of Defendant, KHALED SHAAR, Plaintiff, TERRENCE CLARKE sustained injuries that were consistent with Defendant, KHALED SHAAR’s aforementioned prior misconduct. 133. As a direct and proximate cause of Defendant, JEYTY SECURITY & INVESTIGATIONS, LLC’s careless and negligent retention, Plaintiff, TERRENCE CLARKE, was required to hite the services of a lawyer and a private investigator to defend him against the charges incurring substantial legal expenses. 134, Further as a direct and proximate cause of Defendant JETTY SECURITY & INVESTIGATIONS, LLC’s retention of Defendant, KHALED SHAAR, as set forth herein, the Plaintiff, TERRENCE CLARKE, sustained injuries of a personal, pecuniary, and permanent nature and was injured, both physically and mentally, and has suffered and will in the future suffer great physical and emotional pain and discomfort, and physical and emotional impairment and disability and physical disfigurement, all of which injuries are permanent; and the plaintiff has been and will be prevented from attending to her ordinary affairs and duties, has lost ineome and other pecuniary gains, has suffered a permanently impaired earning capacity, and has become liable for certain sums of money for medical care and attention. 25 WHEREFORE, the Plaintiff, TERRENCE CLARKE, prays for judgment against the Defendant, JETTY SECURITY & INVESTIGATIONS, LLC, in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00), plus the cost of this lawsuit. Law Offices of Kevin E. O'Reilly, LLC Kevifi E. O'Reilly NT TO SUPREME COURT R! AFFIDAVIT OF DAMAGES PURSI Under the penalties as provided by law pursuant to 735 ILCS 5/1-109, I, Kevin E. O'Reilly, state that I am one of the attomeys for the Plaintiff in the above entitled cause of action secking money damages, and stale that this cause of action exceeds FIFTY THOUSAND DOLLARS ($50,000.00). SZ - —Kevij Kevin E. O'Reilly (keolaw@kevineoreilly.com) Michael Mintzer (mamintzer@kevineorcilly.com) Law Offices of Kevin E. O'Reilly, LLC Three First National Plaza 70 West Madison Street, Suite 2100 Chicago, Illinois 60602 T G12) 726-4510 ¥ G2) 726-4512 Attorney Number: 33537 26