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Plaintiff,
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vs.
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CITY OF ZION, City of Zion Police
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Officer PAUL SAGE (Star #48), and City )
of Zion Police Officer Erik Gonzalez
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(Star # 26),
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Defendants. )
No. 1:17-cv-435
COMPLAINT
Devon J. Davidson, by and through his attorneys, Andrew M. Stroth of Action Injury
Law Group LLC, and Carlton Odim of Odim Law Offices, complains of Defendants, City of
Zion, City of Zion Police Officer Paul Sage and City of Zion Police Officer Erik Gonzalez (Star
#26) (Defendant Officers) as follows:
Introduction
1. This is a civil rights action brought by Devon J. Davidson, an African-American male
resident of Zion, Illinois, against the City of Zion and two of its police officers.
2. On July 26, 2016 at approximately 11:00 pm, Defendant Officer Paul Sage fired a
bullet into the chest of Devon J. Davidson, severely wounding him.
3. At the time of the shooting, Devon J. Davidson presented no immediate threat to Zion
Police Officer Paul Sage or to anyone else.
Count 2
42 U.S.C. 1983 Monell Policy Claim Against Defendant City of Zion
23. Plaintiff repeats and realleges the preceding paragraphs of this complaint as if they
were fully set out in this Count.
24. The constitutional violation detailed above were caused in part by the customs,
policies and practice of the defendants, as promulgated, enforced and disseminated by the City of
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Count 3
State Law Claim for Conspiracy
31. Plaintiff repeats and realleges the preceding paragraphs of this complaint as if they
were fully set out in this Count.
32. Defendant Officer Sage and Defendant Officer Gonzalez, together with their unsued
Count 4
State Law Claim for Battery
35. Plaintiff repeats and realleges the preceding paragraphs of this complaint as if they
were fully set out in this Count.
36. The Defendants knowingly and without legal justification caused bodily harm to
Plaintiff when they shot and injured him, thereby constituting battery under Illinois law.
WHEREFORE, Plaintiff demands substantial actual or compensatory damages, and,
because Defendant Officer Sage and Defendant Officer Gonzalez acted maliciously, wantonly,
or oppressively, plaintiff demands punitive damages, plus the costs of this action and whatever
additional relief this Court deems equitable and just.
Count 5
State Law Claim for Intentional Infliction of Emotional Distress
37. Plaintiff repeats and realleges the preceding paragraphs of this complaint as if they
were fully set out in this Count.
38. The conduct and actions of Defendant Officer Sage and Defendant Officer Gonzalez,
as set forth above, were extreme and outrageous, were done intentionally, willfully and
wantonly, and/or knowing their was a high probability that their conduct would cause Plaintiff
severe emotional distress.
39. As a direct and proximate result of Defendants' extreme and outrageous conduct,
Plaintiff was injured and experienced severe emotional distress constituting intentional infliction
of emotional distress under Illinois state law.
WHEREFORE, Plaintiff demands substantial actual or compensatory damages, and,
because Defendant Officer Sage and Defendant Officer Gonzalez acted maliciously, wantonly,
or oppressively, plaintiff demands punitive damages, plus the costs of this action and whatever
additional relief this Court deems equitable and just.
Count 6
State Law Claim for Respondeat Superior Against Defendant City of Zion
40. Plaintiff repeats and realleges the preceding paragraphs of this complaint as if they
were fully set out in this Count.
41. Defendant Officer Sage and Defendant Officer Gonzalez were, at all times material to
the allegations made in this complaint, employees and agents of the Defendant City of Zion
acting within the scope of their employment. Defendant City of Zion is liable for the acts of
Defendants which violated state law under the doctrine of respondeat superior.
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/s/Andrew Stroth
Andrew M. Stroth
Action Injury Law Group, LLC
191 North Wacker Drive, Suite 2300
Chicago, IL 60606
(312) 771-2444
astroth@actioninjurylawgroup.com
Carlton Odim
Odim Law Offices
225 West Washington Street, Suite 2200
Chicago, Illinois 60606
(312) 578-9390
carlton@odimlaw.com