Timothy Brownlee vs Sgt Drew Peterson et al”
http://www.acandyrose.com/2007-12-17-BrownleeVsPeterson.htm
Brownlee v. Peterson et al - Case 1:07-cv-07085 (December 17, 2007)
Download Full Complaint HERE (479kb 2007-12-17-Brownlee Complaint.pdf file)
http://www.acandyrose.com/2007-12-17-Brownlee%20Complaint.pdf
Transcribed by www.acandyrose.com
Case 1:07-cv-07085 Document 1 Filed 12/17/2007 Page 1 of 18
Filed December 17, 2007 Michael W. Dobbins, Clerk, U.S.District Court
Judge Ruben Castillo, Magistrate Judge Denlow
07 C 7085
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
TIMOTHY BROWNLEE
(Plaintiff)
vs
BOLINGBROOK SERGEANT DREW PETERSON,
BOLINGBROOK POLICE OFFICER DAVI,
BOLINGBROOK POLICE OFFICER JOHN DOE,
AND THE VILLAGE OF BOLINGBROOK.
(Defendants)
JURY TRIAL DEMANDED
COMPLAINT
NOW COMES Plaintiff, TIMOTHY BROWNLEE, by his attorneys LOEVY & LEOVY, and complaining of Defendants, BOLINGROOK SERGEANT DREW PETERSON, BOLINGBROOK POLICE OFFICER DAVI, BOLINGBROOK POLICE OFFICER JOHN DOE, (collectively, "Defendant Officers") and the VILLAGE OF BOLINGBROOK, states as follows:
INTRODUCTION:
1. This action is brought pursuant to 42 U.S.C. Section 1983 to redress the deprivation under color of law of Plaintiff's rights as secured by the United States Constitution.
2. The following events concern the brutal breaking of Plaintiff's right thumb by Defendant Sergeant Drew Peterson. Plaintiff began his Memorial Day by planning a holiday barbecue. He was healthy and surrounded by his family. His day ended in the hospital with a broken thumb and being falsely accused of a crime. This suit seeks redress for this violation of his rights.
Case 1:07-cv-07085 Document 1 Filed 12/17/2007 Page 2 of 18
JURISDICTION AND VENUE
3. This Court has jurisdiction of the action pursuant to 28 U.S,.C. 1331 and 1367.
4. Venue is proper under 28 U.S.C. 1391(b). All parties reside in this judicial district, and the events giving rise to the claims asserted herein occurred within the district.
PLAINTIFF'S ALLEGATIONS
5. Mr. Brownlee is a thirty-five year-old father of three who lives in Bolingbrook, Illinois. He has lived in the same single-family home in Bolingbrook since 2002, and works as a barber.
6. On May 28, 2007, Plaintiff and his family were celebrating Memorial Day in a traditional American fashion - by hosting a barbecue. Plaintiff's two nieces joined him, his fiancé, and their three children to celebrate the holiday.
7. That morning, Plaintiff returned from the store to discover that Bolingbrook police officers were at his home investigating an alleged dispute between Plaintiff's next-door neighbors and his family.
8. Plaintiff immediately spoke with the officers, Defendants Davi and Doe, and provided his driver's license when asked for his identification.
9. After speaking to all of the parties, Defendants Davi and Doe left the scene without incident, telling everyone involved to try and get along.
Case 1:07-cv-07085 Document 1 Filed 12/17/2007 Page 3 of 18
10. Approximately half an hour later, Defendant Davi returned to Plaintiff’s house and accused Plaintiff of having previously given him a false name. Plaintiff denied the allegation, pointing out that he had given the officer his state-issued identification which had his correct name on it. Moreover, Plaintiff had no reason to lie about his identity - he had not committed any crime, he had no warrants out for his arrest, and he was at his own home.
11. Davi insisted, however, that Plaintiff had told him that his name was "Timothy Sandifer" rather than "Timothy Brownlee." Defendant Davi may very well have confused Plaintiff's last name with that of his fiancé, Tiggen Sandifer, because Plaintiff and his fiancé have the same birth day, albeit one year apart.
12. Nevertheless, Defendant Davi ordered Plaintiff out of his house and immediately handcuffed him. He then placed him in the back of his squad car (without searching him) and drove off.
13. While Defendant Davi drove to the station, he told Plaintiff (who is African-American) that "niggers don't belong in Bolingbrook," and said that "a thirty-five year-old man shouldn't be picking on an eighty year-old man," (or words to that effect), referring to Plaintiff's neighbor.
14. Defendant Davi continued his verbal assault on Plaintiff by telling him that he and other officers would "kick
Case 1:07-cv-07085 Document 1 Filed 12/17/2007 Page 4 of 18
his ass" at the police station, or words to that effect.
15. Plaintiff, who was arrested wearing only sweat pants, a tank top, and flip flops, became concerned for his safety. He still had his cell phone clipped to his pants, so he reached over with his handcuffed hands, activated his cell phone, and called his brother, A Chicago police officer.
16. When Defendant Davi heard Plaintiff's cell phone (it was on speaker, given the fact that Plaintiff's hands were still cuffed behind his back), he immediately accused Plaintiff of recording his racist speech. Defendant Davi radioed to Defendant Doe and then pulled over into the Seventh Day Adventist church parking lot in Bolingbrook, where he was met by Defendant Doe.
17. In the parking lot, Defendant Davi yanked Plaintiff out of the back of the car by his handcuffs. Plaintiff was taken to the back of the car and searched in an invasive manner. Defendant Davi, while searching Plaintiff, reached between Plaintiff's legs and grabbed his testicles in a painful manner.
18. Defendant Doe, meanwhile, retrieved Plaintiff’s cell phone and attempted to find out whether Plaintiff had in fact been recording his conversation. The cell phone, however, required an access code to be inputted to permit Defendant Doe to read it.
19. Defendant Davi then pulled Plaintiff's arms (which were still cuffed behind him) over his head, causing him pain, while
Case 1:07-cv-07085 Document 1 Filed 12/17/2007 Page 5 of 18
trying to get Plaintiff to give him his access code.
20. Defendant Davi then returned Plaintiff to the squad car and drove him to the police station.
21. Once at the station, Defendant Officers Davi and Doe took Plaintiff's sandals and his pants from him, telling Plaintiff it was because the drawstring on the pants were sewn in. Plaintiff, who was not wearing underwear, was placed in a holding cell wearing nothing but his tank top.
22. After a period of time, one of the Defendants came to get Plaintiff from his cell. When Plaintiff asked for his sandals, the Defendant left.
23. All three Defendant Officers then returned, including Defendant Sergeant Peterson, and proceeded to grab Plaintiff and drag him by this legs to the front of the booking area. Once there, the Defendants threw Plaintiff to the ground and then began kneeing him in his back and neck and pulling his arms into painful positions. Plaintiff made no effort to resist in any way, and went limp instead.
24. The Defendants pulled Plaintiff's arms behind his back and re-handcuffed him.
25. After he was cuffed, Defendant Peterson grabbed his right thumb and twisted it, breaking it. Plaintiff immediately experienced terrible pain.
Case 1:07-cv-07085 Document 1 Filed 12/17/2007 Page 6 of 18
26. Plaintiff was taken to the hospital, where x-rays were taken of his thumb, revealing that Sgt. Peterson had broken it.
27. Defendants then falsely charged Plaintiff with disorderly conduct and obstruction of justice for allegedly giving a false name to the Defendants. Plaintiff was never charged with resisting arrest or battery to a police officer or any other such crime.
28. Four months later, all charges against Plaintiff were dismissed in a manner indicative of his innocence.
29. Notwithstanding his eventual exoneration, Plaintiff spent the rest of his Memorial day under guard at the hospital, and was then transported from the hospital to the Will County jail as an accused criminal, where he was booked and forced to post bond.
30. Moreover, Plaintiff suffered excruciating pain from his broken thumb and had difficulty working as a barber for months until his thumb healed.
Case 1:07-cv-07085 Document 1 Filed 12/17/2007 Page 7 of 18
To read pages 7 thru 18:
Download Full Complaint HERE (479kb 2007-12-17-Brownlee Complaint.pdf file)
http://www.acandyrose.com/2007-12-17-Brownlee%20Complaint.pdf
CIVIL DOCKET FOR CASE #: 1:07-cv-07085
Brownlee v. Peterson et al
Assigned to: Honorable Ruben Castillo
Cause: 42:1983 Civil Rights Act
Date Filed: 12/17/2007
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Date Filed # Docket Text
12/17/2007 1 COMPLAINT filed by Plaintiff Timothy Brownlee; Jury Demand. Filing fee $ 350.(smm) (Entered: 12/18/2007)
12/17/2007 2 CIVIL Cover Sheet. (smm) (Entered: 12/18/2007)
12/17/2007 3 ATTORNEY Appearance for Plaintiff Timothy Brownlee by Arthur R. Loevy. (smm) (Entered: 12/18/2007)
12/17/2007 4 ATTORNEY Appearance for Plaintiff Timothy Brownlee by Jonathan I. Loevy. (smm) (Entered: 12/18/2007)
12/17/2007 5 ATTORNEY Appearance for Plaintiff Timothy Brownlee by Michael I Kanovitz. (smm) (Entered: 12/18/2007)
12/17/2007 6 ATTORNEY Appearance for Plaintiff Timothy Brownlee by Russell R Ainsworth. (smm) (Entered: 12/18/2007)
12/18/2007 8 SUMMONS Issued as to Defendants The Village of Bolingbrook, Drew Peterson, Davi (smm) (Entered: 12/18/2007)
12/20/2007 9 MINUTE entry before Judge Ruben Castillo :After review of the initial pleadings in this case, this Court has decided to hold an expedited settlement conference. Plaintiff's counsel is directed to immediately serve the complaint and exhaust all settlement possibilities for this lawsuit. Parties to file a joint status report on or before 2/12/2008. The Court will hold a settlement conference in chambers on 2/15/2008 at 3:00 PM. Clients with settlement authority are directed to appear or be available by telephone.Mailed notice (rao, ) (Entered: 12/20/2007)
12/27/2007 10 SUMMONS Returned Executed by Timothy Brownlee as to The Village of Bolingbrook on 12/18/2007, answer due 1/7/2008. (Ainsworth, Russell) (Entered: 12/27/2007)
12/27/2007 11 SUMMONS Returned Executed by Timothy Brownlee as to Davi on 12/18/2007, answer due 1/7/2008. (Ainsworth, Russell) (Entered: 12/27/2007)
12/27/2007 12 SUMMONS Returned Executed by Timothy Brownlee as to Drew Peterson on 12/19/2007, answer due 1/8/2008. (Ainsworth, Russell) (Entered: 12/27/2007)
01/07/2008 13 ATTORNEY Appearance for Defendants The Village of Bolingbrook, Davi by Craig G. Penrose (Penrose, Craig) (Entered: 01/07/2008)
01/07/2008 14 MOTION by Defendants The Village of Bolingbrook, Davi for extension of time to file answer or otherwise plead (Penrose, Craig) (Entered: 01/07/2008)
01/07/2008 15 NOTICE of Motion by Craig G. Penrose for presentment of motion for extension of time to file answer14 before Honorable Ruben Castillo on 1/15/2008 at 09:45 AM. (Penrose, Craig) (Entered: 01/07/2008)