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Case: 1:14-cv-08967 Document #: 1 Filed: 11/07/14 Page 1 of 7 PageID #:1

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IN THE UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

DEON DUFF, )
FHE.EM
Pov 01 aor{
'Novollort|/-
Plaintiff,
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- T}IOMAS G. BRUTON
__ cr4Rr!, u.s. DtsTRrcriio0nr
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SERGEANT GRANDBERRY, OFFICER I 14cv8967


PATRICK TTENTY, and the VILLAGE OF
MAYWOOD,
Judge Guzman
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Magistrate Judge Rowtand
Defendants.
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COMPLAINT AT LAW

Plaintiff, DEON DUFF, by counsel, the MOOR LAW OFFICE, P.C., states for his

Complaint at'Law against Sbrgeant GRANDBERRY, Officer PATRICK REILLY, and the

VILLAGE OF MAYWOOD, as follows:


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L This action arises under the United States Constitution, the Civil Rights Act of 1871
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(42 U.S.C. $ 1983), and the laws of the State of Illinois. This Court has jurisdiction over this

action pursuant to 28 U.S.C. $


it:: l, 28 U.S.C. 13a3(a)(3), and 28 U.S.C. 1367.

2. Venue is proper in this District under 28 US.C. $ 1391 because all Defendants

reside in the District and also because all of the events or omissions giving rise to the claim
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occurred in this District. I


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: . PARTIES

3. ,Sergeant
GRANDBERRY was employed on February 9,2014, and at all relevant

times, by the Villhge of Maywood Police Department, and at all relevant times alleged her'ein was

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Case: 1:14-cv-08967 Document #: 1 Filed: 11/07/14 Page 2 of 7 PageID #:2

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acting under the color ofllaw in the course of his.employment as a Village of Maywood police
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sergeant. This defendant is being sued.in his individual/personal capacity.
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Officei PATRICK REILLY.was employed on February 9,2014, and at all relevant
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times, by the Village of Maywbod Police Department , and atall relevant times alleged hdrein was

under the color of law in the course.of his employment as a Village of Maywood police
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sergeant. This defendant is being sued in his individual/personal capacity.


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- 5. The VILLAGE OF MAYWOOD was on February 9,2014', and is a local municipal
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corpbration organized under the laws of the State of Illinois.

6. The VILLAGEiOF MAYWOOD, on February g,2Ol4, and at all relevant times,


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maihtained as a division of itsdlf a police department known as the Maywood Police Department.

and is the employer of the Defendants Sergeairt GRANDBERRY and Officer PATRICK REILLY.

7.
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* . On February 9,2014, and at all relevant times, Plaintiff DEON DUFF was a citizen

of the,United States and a'resident of Berkeley, Cook County, Illinois.

FACTS ,

8. On February 9,,2014, at ab6ut 4:00 a.m., DEON DUFF stopped running in heavy 4

sriow and stood in.?the side yard of .l 17 S. 12th Avenue in May*ood,,Illinois, and motioned to
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pursuing police officers that he would surrender by holding his hands up.
'9. ; . Seigeant'GRANDBERRY and Officer PATRICK nefflY approached DEON

DUFF inthe side yard of the hbuse located at ll7 S. l2th Avenue in Maywood, Illinois.

10. When GRANDBERRY and Qfficer PATRICK REILLY approached DEON DUFF

-in the side yard of the house located at ll7 S. 12th Avenue in Maywood, Illinois, Plaintiff did not

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resist arrest.

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11. , At the moment when Sergeant GRANDBERRY and Officer PATRICK REILLY

dpproached'DEON DUFF, Plaintiff was standing still waiting to be taken into custody.

12. Instead of takirig DEON DUFF into custody, Sergeant GRANDBERRY pushed

DEON.DUFF'up against the side of the house at lll S. 12th Avenue. Officer Patrick REILLY

also grabbed DEON DUFF, and tog;ther Sergeant GRANDBERRY and'Officer PATRICK

REILLY then slammed DEON DUFF to the ground.

13. After DEON DUFF was slammed to the. ground, Sergeant GRANDBERRY

continued to sue excessive fo... in the arrest aiid put his knee on DEON DUFF's neck with all of
his weight. Officer PATRICK REILLY continued to sue excessive force in the arrest and piaced
'his
knee in DEON DUFF's back with all of his weight and both officers repeatedly struck DEON

DUFF. " .'

' 14. DEON DUFF was handcuffed while on the ground and then yanked up and dragged

to the street where he was pushed against Officer PATRICK REILY's undercover car by Sergeant

GRANDBERRY. Sergeant GRANDBERRY continued to use excessive force and slammed

DEON DUFF's head against the car multiple times. Then Officer PATRICK REILLY, who had

gotten in the car, pulled away while DEON DUFF was splayed against the car, causing him to fall.

15. DEON DUFF wai then put in Officer PATRICK REILY's car and taken to the

Maywood Police Station and to be processed.

16. When DEON DUFF was in the Maywood Police station processing/property room,

the Defendant police officers continued to use excessive force. DEON DUFF was thrown to the

floor by Sergeant GRANDBERRY while handcuffed, and was beat by Sergeant GRANDBERRY

and by Officer PATRICK REILLY. During the continued beating DEON DUFF heard Officer

PATRICK REILLY yell to "turn the camera off."


Case: 1:14-cv-08967 Document #: 1 Filed: 11/07/14 Page 4 of 7 PageID #:4

17 . Plaintiff was not fesisting arrest at any time in the Maywood Police station.
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I 18. In pain since his arrest, DEON DUFF was transported nine hours liter on February

9,2014 to the Westlake Hospital Emergency room where he was diagnosed with a traumatic Type

III1 acromioclavicular joint separation and faciai lacerations


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' 19. DEON DUFF has undergone extensive medical treatment for his injuries since ,

February 9,2014, treatment which is continting.


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COUNT I - 42 U.S.C. I 1?83 - Excessivg Force


(Deon Duff v. Sergeant Grandberry)
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- 1-19. Plaintiff adopts and ie-alleges paragraphs 1 through 19, above, as paragraphs 1
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through 19 of Count I, as if fully set forth herein.

' 20. On Februar y 9,2Ol4,and at all times relevant herein, it was the duty of Defendant

Sergeant GRANDBERRY to'refrain from using unreasonable excessive force against others,

including Plaintiff DEON DUFF.


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21. On February 9,2014, in breach of said duty, Defendant Sergeant GRANDBERRY

us6d unreasonable and excessive force in violation of the United States Constitution, while acting

unber the color of state law, by pushing Plaintiff up against the house at 117 S. 12th Avenue, by
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slamming Plaintiff to the ground and thrusting his knee onto Plaintiff s neck, by beating Plaintiff
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while he was on the ground, by yanking Plaintiff up after cuffing him and dragging him to a police
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car, by slamming Plaintiff s head into the body said police car, by throwing Plaintiff to the floor
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of the Maywood Police Department processing/property room while Plaintiff was handcuffed, and
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by beating him in the processing/property room while Plaintiff was handcuffed.
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, 22. The acts described above and herein were committed by Sergeant GRANDBERRY

when he was not in fear of death or in fear of great bodily harm, when Plaintiff was not resisting
Case: 1:14-cv-08967 Document #: 1 Filed: 11/07/14 Page 5 of 7 PageID #:5

arrest, when Plaintiff was not threatening the offlrcers, and when Plaintiff was not fleeing or

atdempting to flee arrest.

23. The actions of Defendant Sergeant GRANDBERRY in committing the acts


described above and herein were willful, intentional, malicious, and/or done with reckless
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indifference and calloris disregard for Plaintiff s rights, amounting to an abuse of power that shocks'
the conScience.

24. As a proximate result of the excessive force inflicted by Defendant, Plaintiff


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sustained injuries, including physical and psychological pain and suffering.
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WHEREFORE, Plaintiff DEON DUFF, respectfully prays that this Court enter judgment

against Defendant; Sergeant GRANDBERY,.awarding compensatory damages, attorney's fees

and costs, punitive damages, and any other relief that this Court deems just.

Pl2iintiff demands trial by jury.

,.' COUNT II - 42 U.S.C. S 1983 - Excessive Force


. ' (Deon Duff v. Officer Patrick Reilly)

1-19. Plaintiff adopts and re-alleges"paragraphs I through 19, above, as paragraphs 1

through 19 of Count Il, as if fully set forth herein.

20. On February 9,20l4,and at all times relevant herein, it was the duty of Defendant
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Officer PATRICK REILLY to refrain from using unreasonable excessive force against others,
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including Plaintiff DEON DUFF.
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i, 21.
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On February 9,2014,in breach of said duty, Defendant Officer PATRICK REILLY

used unreasonable and excessive force in violation of the United States Constitution, while acting

under the color of state law, by slamming Plaintiff to the ground at I 17 S . 1 2th Avenue and thrusting
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hidknee onto Plaintiff s neck, by beating Plaintiff while he was on the ground, by yanking Plaintiff
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up after cuffing him and dragging him to a police car,by driving his car forward when the Plaintiff

was splayed against it, and by beating Plaintiff in the Maywood Police Department
processing/property room while Plaintiff was handcuHed.

, 22. The acts described above and herein were committed by Officer PATRICK

REILLY when he was not in fear of death or in fear of great bodily harm, when Plaintiff was not

resisting arrest, when Plaintiff was not threatening the officers, and when Plaintiff was not fleeing

or attempting to flee arrest.

23. The actions of Defendant Officer PATRICK REILLY in committing the acts
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dei;cribed above and herein .were willful, intentional, malicious, and/or done with reckless

indifference and callous disregard for Plhintiff s rights, amounting to an abuse of power that shocks

the conscience.

24. As a proximate result of'the excessive force inflicted by Defendant, Plaintiff

suStained injuries, iricluding pliysical and psychological pain and suffering.

WHEREFORE, Plainti,ff DUFF, respectfully prdys that this Court enter judgment
"DEON
against Defendant, Officer PAIRICK REILLY, awarding compensatory damages, attorney's fees

and costs, punitive damages, and any other relief that this Court deems just.

15 Plaintiff demands trial by jufy.

COUNT III - 745 ILCS 10/9-102 - Indemnitv


' (Deon Duff v. Village of Maywood)

r 1-19. Plaintiff adopts and re-alleges paragraphd I through 19, above, as paragraphs 1

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thrbugh 19 of Count III, as if fully set forth herein.

20. As a local public entity that employed the Defendants Sergeant GRANDBERRY

and Officer PATRICK'REILLY, the VILLAGE OF MAYWOOD is required, pursuant to 745

II-CS 10/9-102, to pay any tort judgment or settlement for compensatory damages against
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Defendants Sergehnt GRANDBERRY and Officer PATRICK REILLY for conduct commitf6d
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within the scope of their employmeht activities, and may pay.associated attomey's fees and costs.
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- 2L This action is
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by 745 ILCS 10/9 -102 to the extent, of compensatory
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damages and attorney's fees and costs.

22. As a proximate result,of Defendants Sergeant GRANDBERRY and Officer PATRICK


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REILLY's conduct in the course of their'employment with the VILLAGE OF MAYWOOD,

Plaintiff sustained injuries, iriciuding physical and psychological pain and suffering.

" WHEREFORE, Plaintiff DEON DUFF, respectfully prays that if a judgmeht is entered
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against Defendants Sergeant GRANDBERRY and Officer PATRICK REILLY, that this Court

find the VILLAGE OF MAYWOOD'liable for any compensatory damages awarded to Plaintiff,
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'and also prays for an award of attorney's fees and costs. Plaintiff further requests any other relief

that this Court deems just.

MOOR LAW OFFICE, P.C.

/s/ Edward R. Moor

Edward R. Moor
Moor Law Office, P.C.
One N. LaSalle Street, Suite 600.
Chicago, Illinois 60602
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312-726-6207
erm@moorlaw.net
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