UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
)
)
)
AUSTIN BENNAZA, )
an
)
v. )
)
JULES MEDRANO, )
an
)
THE
an
)
)
COMPLAINT
On or around
3:00am on the morning of October 10, 2010 the Plaintiff Austin Bennaza (“Bennaza”) was driving
home when he was stopped by Defendant Police Officer Jules(“Medrano”) for
allegedly “swerving”. During the subsequent
interview by Medrano of Bennaza, Medrano struck Bennaza’s wallet out of his hands and attempted to strike
Bennaza with his Service Flashlight without provocation.
To avoid being struck by Medrano ’s flashlight Bennaza
attempted to move out of the way of the oncoming blow and in the process fell
to the ground and sustained serious injuries that required hospital care. Medrano acting in a manner known and tolerated
by
THE PARTIES
1.
Austin Bennaza is a citizen
of the
2.
Officer Jules Medrano is a Police Officer for the
3.
The Kenilworth Police Department is a municipal police
department located in
JURISDICTION AND VENUE
4. This Court has jurisdiction pursuant to 28 U.S.C §1331.
5. Venue is proper in this district pursuant to 28 U.S.C. §1391(b). Defendants reside or conduct business in this District. A substantial part of the events giving rise to this cause of action occurred in this District.
6. This Court has in personam jurisdiction over Defendants because they are residents and/or citizens of this District, they conduct business in this District, and/or a substantial part of the events giving rise to these claims occurred in this District; defendants were served with process pursuant to Fed.R.Civ.P. 4.
COUNT I
7. The allegations of Paragraphs 1 through 6 are hereby incorporated by reference.
8. Medrano performed a traffic stop on Bennaza at or around 3:00am on October 10, 2010.
9. During the traffic stop Medrano asked Bennaza to exit his vehicle, and Bennaza complied.
10. When Medrano was interrogating Bennaza he intentionally moved his service flashlight towards Bennaza’s head in a such a manner to cause Bennaza reasonably to apprehend that he would immediately by struck by the service flashlight.
11. In order to avoid being struck by Medrano ’s service flashlight Bennaza took evasive action.
12. In the course of the reasonably necessary attempt to avoid being struck by Medrano , Bennaza was injured in a fall.
13. As a direct and proximate result of these actions, Bennaza suffered severe physical injury, pain, mental anguish and substantial medical bills.
COUNT II
14. The allegations of Paragraphs 1 through 13 are hereby incorporated by reference.
15. During the traffic stop Medrano asked Bennaza to exit his vehicle, and Bennaza complied.
16. Medrano asked Bennaza to produce his Driver’s License.
17. While Bennaza was in the process of producing his Driver’s License, Medrano intentionally struck Bennaza’s wallet which contained his Driver’s License out of his hand.
18. In striking Bennaza’s wallet out of his hand Medrano was intentionally causing an offensive contact with an object intimately connected with Bennaza’s person.
19. As a direct and proximate result of these actions, Bennaza suffered severe physical injury, pain, mental anguish and substantial medical bills.
COUNT III
20. The allegations of Paragraphs 1 through 19 are hereby incorporated by reference.
21. Medrano unlawfully deprived Bennaza of his rights as granted under the 4th Amendment to the United States Constitution when he caused the unlawful detaining of Bennaza on October 10, 2007, and when he engaged in unreasonable conduct during the detention.
22. As a direct and proximate result of these actions, Bennaza suffered severe physical injury, pain, mental anguish and substantial medical bills.
COUNT IV
23. The allegations of Paragraphs 1 through 22 are hereby incorporated by reference.
24.
The
25.
The
26.
The
27.
The
28. As a direct and proximate result of these actions, Bennaza suffered severe physical injury, pain, mental anguish and substantial medical bills.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that this court:
Award Plaintiff such actual, exemplary or punitive damages as are deemed appropriate in light of the willful, intentional, and malicious nature of Defendants’ conduct.
Award Plaintiff such other relief that this court may find just and appropriate.
Respectfully submitted,
___________________
Joe Sirchio
Sirchio William Penn & Warren
312-558-3114