3:14-cv SEM-TSH # 1 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION

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1 3:14-cv SEM-TSH # 1 Page 1 of 10 E-FILED Wednesday, 26 March, :37:15 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION LUCINDA WHITE, Plaintiff, v. CITY OF SPRINGFIELD, an Illinois Municipal Corporation, SGT. EDWARD HIGGINSON, Star # 545, and OFFICER MARK CORDES, Star #688, Defendants. NO: JURY DEMANDED COMPLAINT AT LAW AND DEMAND FOR JURY TRIAL NOW COMES the Plaintiff, LUCINDA WHITE, by and through her attorneys, WHITESIDE & GOLDBERG, LTD., and for her complaint at law against the Defendants, CITY OF SPRINGFIELD, an Illinois Municipal Corporation, SGT. EDWARD HIGGINSON, Star # 545, and OFFICER MARK CORDES, Star # 688, City of Springfield police officers, alleges and states as follows: JURISDICTION 1. This is an action for money damages to redress the deprivation under color of the laws of the State of Illinois and the ordinances of the City of Springfield of rights secured to plaintiff herein by the Fourth and Fourteenth Amendments to the United States Constitution, the violation of which is actionable pursuant to 42 U.S.C Jurisdiction is conferred on this Court pursuant to 28 U.S.c. 1331, 28 U.S.C and 28 U.S.c

2 3:14-cv SEM-TSH # 1 Page 2 of 10 VENUE 2. Venue is proper in this Court as all acts complained of occurred in the City of Springfield, County of Sangamon, State of Illinois. PARTIES 3. Plaintiff, LUCINDA WHITE (hereinafter "WHITE" is a citizen of the United States and a resident of Springfield, Sangamon County, Illinois. 4. Defendant, CITY OF SPRINGFIELD, an Illinois Municipal Corporation, is a municipality organized pursuant to the laws of the State of Illinois and is the public employer of Defendants, EDWARD HIGGINSON, Star # 545 and OFFICER MARK CORDES, Star # Defendant, SGT. EDWARD HIGGINSON, Star # 545 (hereinafter "HIGGINSON" is an employee, agent, and/or servant of Defendant, CITY OF SPRINGFIELD. At all times relevant hereto, defendant, HIGGINSON, was duly appointed and an acting officer of the police department of the CITY OF SPRINGFIELD, acting within the scope of his authority and under color of law, to wit, under color of the statutes, ordinances, regulations, policies, customs and usages of the State of lllinois and/or the CITY OF SPRINGFIELD. 6. Defendant, OFFICER MARK CORDES, Star # 688 (hereinafter "CORDES" is an employee, agent, and/or servant of Defendant, CITY OF SPRINGFIELD. At all times relevant hereto, defendant, CORDES, was duly appointed and an acting officer of the police department of the CITY OF SPRINGFIELD, acting within the scope of his authority and under color of law, to wit, under color of the statutes, ordinances, 2

3 3:14-cv SEM-TSH # 1 Page 3 of 10 regulations, policies, customs and usages of the State of Illinois and/or the CITY OF SPRINGFIELD. FACTUAL ALLEGATIONS 7. On or about March 30, 2013 at approximately 4:19 P.M., the Plaintiff, WHITE, was legally on the premises of Best Buy in the parking lot next to her automobile, located at 3193 S Veterans Pkwy, Springfield, Sagamon County, Illinois. 8. At the aforementioned date and time, the Plaintiff, WHITE, called the Springfield police for assistance regarding a minor automobile collision involving her vehicle at the aforementioned location. 9. At the aforementioned time, Defendant, CITY OF SPRINGFIELD, dispatched a police officer to the aforementioned place to respond to said call for assistance. 10. After arriving on the scene, said police officer of the CITY OF SPRINGFIELD requested assistance from other police officers of the CITY OF SPRINGFIELD, resulting in the Defendants, HIGGINSON and CORDES, reporting to the aforementioned place at the aforementioned time. 11. At all times relevant and material hereto, WHITE was approximately 8 months pregnant with child and was visibly pregnant with child. 12. At all times relevant and material hereto, WHITE was acting in a peaceful and nonthreatening manner. 13. At the aforementioned time and place, Defendant, HIGGINSON, without provocation or cause, forcefully grabbed WHITE, tasered WHITE, and forcefully caused WHITE to fall to the pavement. 3

4 3:14-cv SEM-TSH # 1 Page 4 of Prior to the aforementioned tasering and the aforementioned forcing WHITE to the pavement, HIGGlNSON knew that WHITE appeared to be pregnant with child. 15. The force used upon the person of the Plaintiff, WHITE, who was visibly pregnant with child, was unnecessary and unreasonable. 16. Thereafter, Defendants, HIGGlNSON, CORDES and CITY OF SPRINGFIELD, without cause, arrested plaintiff, WHITE, and filed false and unwarranted charges including aggravated battery and resisting arrest against WHITE, causing WHITE to be incarcerated against her will, including in the Sangamon County Jail. 17. By reason of the above described acts, plaintiff, WHITE, sustained injuries, including but not limited to physical pain, physical discomfort, humiliation, indignity, emotional distress, and lost income, all to her damage in the amount not yet ascertained. 18. The City of Springfield and the Springfield Police Department have a pervasive and unconstitutional custom, practice and policy of allowing and condoning the use of excessive force by its police officers against pregnant women, including, but not limited to, the use of a taser and/or stun gun against pregnant women. 19. The aforementioned acts of Defendants were willful, wanton, malicious, oppressive and done with a reckless disregard for plaintiff's rights and justify the awarding of exemplary and punitive damages against the individual Defendants in an amount to be ascertained at time of trial. 20. By reason of the aforementioned acts of Defendants, Plaintiff, WHITE, was required to retain an attorney to investigate, institute, prosecute and render legal assistance to her in the within action so that she might vindicate the loss and impairment of her rights. By 4

5 3:14-cv SEM-TSH # 1 Page 5 of 10 reason thereof, Plaintiff, WHITE, requests payment by defendants of a reasonable sum for attorneys' fees pursuant to 42 U.S.c or any other provision set by law. COUNT I - EXCESSIVE FORCE (LUCINDA WIDTE v. SGT. EDWARD IDGGINSON 21. Plaintiff, WHITE, incorporates and re-alleges paragraphs 1-20 as though set forth herein. 22. By reason of the conduct of the Defendant, HIGGINSON, the Plaintiff was deprived of the rights, privileges and immunities secured to her by the Fourth and Fourteenth Amendments to the United States Constitution and laws enacted thereunder. 23. Defendant's use of force on Plaintiff on March 30, 2013 was without cause and was unnecessary and unreasonable and was therefore in violation of Plaintiff's Fourth and Fourteenth Amendment Rights. All of the force described above was without legal cause and constituted excessive force. Therefore, Defendant, HIGGINSON, is liable to Plaintiff pursuant to 42 U.S.c C. Punitive damages as allowed by law as against the Defendant in his individual capacity; D. An award of reasonable attorneys' fees, costs, and litigation expenses, and E. Such other and further relief as the Court may deem just or equitable. COUNT II - UNREASONABLE SEIZURE OF PLAINTIFF'S PERSON (LUCINDA WIDTE v. SGT. EDWARD IDGGINSON 24. Plaintiff, WHITE, incorporates and re-alleges paragraphs 1-20 as though set forth herein. 5

6 3:14-cv SEM-TSH # 1 Page 6 of By reason of the conduct of the Defendant, HIGGINSON, the Plaintiff was deprived of the rights, privileges and immunities secured to her by the Fourth and Fourteenth Amendments of the United States Constitution and laws enacted thereunder. 26. The seizure and arrest of the Plaintiff on March 30, 2013 was caused by HIGGINSON and was done without legal cause and was unreasonable. Therefore, HIGGINSON is liable to Plaintiff pursuant to 42 U.S.c C. Punitive damages as allowed by law, as against the Defendant in his individual capacity; D. An award of reasonable attorneys' fees, costs, and litigation expenses, and E. Such other and further relief as the Court may deem just or equitable. COUNT III - UNREASONABLE SEIZURE OF PLAINTIFF'S PERSON (LUCINDA WIDTE v. OFFICER MARK CORDES 27. Plaintiff, WHITE, incorporates and re-alleges paragraphs 1-20 as though set forth herein. 28. By reason of the conduct of the Defendant, CORDES, the Plaintiff was deprived of the rights, privileges and immunities secured to her by the Fourth and Fourteenth Amendments of the United States Constitution and laws enacted thereunder. 29. The seizure and arrest of the Plaintiff on March 30, 2013 was caused by CORDES and was done without legal cause and was unreasonable. Therefore, CORDES is liable to Plaintiff pursuant to 42 U.S.C

7 3:14-cv SEM-TSH # 1 Page 7 of 10 C. Punitive damages as allowed by law, as against the Defendant in his individual capacity; D. An award of reasonable attorneys' fees, costs, and litigation expenses, and E. Such other and further relief as the Court may deem just or equitable. COUNT IV - EXCESSIVE FORCE AS POLICY AND CUSTOM (LUCINDA WIDTE v. CITY OF SPRINGFIELD 30. Plaintiff, WHITE, incorporates and re-alleges paragraphs 1-20 as though set forth herein. 31. Through its customs, policies, training and procedures regarding its police officers, the CITY OF SPRINGFIELD authorizes, condones, and otherwise encourages its police officers to use excessive force on pregnant women, including the force described above which HIGGINS used on the Plaintiff, WHITE, including, but not limited to, the tasing of pregnant women. 32. As a direct and proximate result of the aforementioned customs, policies, training and/or procedures of the CITY OF SPRINGFIELD regarding its police officers, the Defendant, HIGGINSON, at the time and place alleged above, deprived the Plaintiff of the rights, privileges and immunities secured to her by the Fourth and Fourteenth Amendments to the United States Constitution and laws enacted thereunder. 33. Defendant, HIGGINS's, use of force on Plaintiff on March 30, 2013 was without cause and was unnecessary and unreasonable and was therefore in violation of Plaintiff's Fourth and Fourteenth Amendment Rights. All of the force described above was without legal cause and constituted excessive force. 7

8 3:14-cv SEM-TSH # 1 Page 8 of 10 C. An award of reasonable attorneys' fees, costs, and litigation expenses, and D. Such other and further relief as the Court may deem just or equitable. COUNT V - BATTERY (SUPPLEMENTAL STATE CLAIM (LUCINDA WIDTE v. IDGGINSON and CITY OF SPRINGFIELD 34. Plaintiff, WHITE, incorporates and re-alleges paragraphs 1-20 as though set forth herein. 35. The Defendant, HIGGINSON, without legal cause or justification, made unwelcome and offensive physical contact with the Plaintiff, WHITE. 36. As a direct and proximate result of the offensive physical contract, Plaintiff was injured, physically, emotionally and financially. 37. The Defendant, CITY OF SPRINGFIELD, is liable for the acts of HIGGINSON pursuant to the doctrine of respondeat superior, because at the time of the acts afore described, HIGGINSON was an employee, agent and/or servant of the Defendant, CITY OF SPRINGFIELD, and was engaged in actions within the scope of his employment. 38. Therefore, Defendants, HIGGINSON and CITY OF SPRINGFIELD, are liable to the Plaintiff, WHITE, under the supplemental state claim of battery. 8

9 3:14-cv SEM-TSH # 1 Page 9 of 10 C. Punitive damages as allowed by law, as against the Defendant, HIGGINSON, in his individual capacity; D. An award of reasonable attorneys' fees, costs, and litigation expenses, and E. Such other and further relief as the Court may deem just or equitable. COUNT VI - FALSE IMPRISONMENT (SUPPLEMENTAL STATE CLAIM (LUCINDA WHITE v. ALL DEFENDANTS 39. As against all Defendants, Plaintiff, WHITE, incorporates and re-alleges paragraphs 1-20 as though set forth herein. 40. The Defendants, without legal cause or justification, caused the Plaintiff, WHITE, to be imprisoned in a confined space against her will for an unreasonable period of time. 41. The Plaintiff, White, was arrested and detained despite Defendants' knowledge that there was no lawful justification for doing so. 42. As a direct and proximate result of the false imprisonment suffered by the Plaintiff, Plaintiff was injured, physically, emotionally and financially. 43. Therefore, Defendants, HIGGINSON, CORDES and CITY OF SPRINGFIELD, are liable to the Plaintiff, WHITE, under the supplemental state claim of false imprisonment. C. Punitive damages as allowed by law, as against the Defendants, HIGGINSON and CORDES, in their individual capacities; D. An award of reasonable attorneys' fees, costs, and litigation expenses, and E. Such other and further relief as the Court may deem just or equitable. 9

10 3:14-cv SEM-TSH # 1 Page 10 of 10 COUNT VII - INDEMNIFICATION CLAIM PURSUANT TO 745 ILCS 10/9-102 (LUCINDA WHITE v. CITY OF SPRINGFIELD 44. Plaintiff, WHITE, incorporates and re-alleges paragraphs 1-20 as though set forth herein. 45. The acts of the Defendants, HIGGINSON and CORDES, described above were willful and wanton, and committed within the scope of employment for the Defendant, CITY OF SPRINGFIELD. 46. Pursuant to the lllinois Tort Immunity Act, 745 ILCS 10/9-102, Defendant, CITY OF SPRINGFIELD, is liable for any judgments for compensatory damages in this case arising from the Defendants' HIGGINSON's and/or CORDES's actions. WHEREFORE, Plaintiff, LUCINDA WHITE, asks this Honorable Court to order Defendant, CITY OF SPRINGFIELD, to indemnify the Defendants, HIGGINSON and CORDES, for any judgment for compensatory damages in this case arising from their actions. Respectfully submitted, WHITESIDE & GOLDBERG, LTD. Michael J. Goldberg (ARDC # WHITESIDE & GOLDBERG, LTD. 155 N. Michigan Avenue, Suite 540 Chicago, IL Phone: ( Fax: ( mgoldberg@wglawgroup.com By: Michael J. Goldberg, One of the Attorneys for Plaintiff, LUCINDA WHITE 10