Case: 1:16-cv-08107 Document #: 1 Filed: 08/16/16 Page 1 of 14 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION LAFAYETTE THOMAS, ) ) Plaintiff, ) ) v. ) ) THE CITY OF MARKHAM, ILLINOIS, ) Officer WILLIAM BRAZIL, and ) JURY TRIAL DEMANDED Officer ZAKIYA LARRY, ) ) Defendants. ) COMPLAINT Now comes Plaintiff LAFAYETTE THOMAS, by and through his attorneys, Loevy & Loevy, and complaining of the CITY OF MARKHAM, ILLINOIS, and Markham Police Officers WILLIAM BRAZIL (#536) and ZAKIYA LARRY (badge number unknown), states as follows: Introduction 1. On March 17, 2016, Plaintiff LaFayette Thomas, a 47-year-old man in fragile health, was brutally assaulted by Markham Police Officer William Brazil while Officer Zakiya Larry looked on. 2. Thomas had done absolutely nothing to warrant any use of force against him, much less the extreme and excessive force used by Defendant Officer Brazil. He had committed no crime; he had given the officers no reason to suspect him of a crime; he had not even violated a traffic law.
Case: 1:16-cv-08107 Document #: 1 Filed: 08/16/16 Page 2 of 14 PageID #:2 3. Thomas was merely a passenger in his father s car when Defendant Officer Brazil pulled them over. 4. Notwithstanding the lack of any legitimate provocation, Defendant Officer Brazil attacked Thomas, repeatedly slamming him into a police car. 5. The assault left Thomas with severe contusions and swelling to his arms, shoulder, face, and chest, and sent him into a severe health crisis from which he still has not fully recovered. 6. Defendant Officer Larry witnessed the entire attack, yet did nothing to stop it. 7. Thomas brings this lawsuit under 42 U.S.C. 1983 for violations of his constitutional rights, seeking such redress for his injuries as the law allows. Jurisdiction and Venue 8. This Court has jurisdiction of this action pursuant to 28 U.S.C. 1331 and 1367. 9. Venue is proper under 28 U.S.C. 1391(b) as a substantial part of the events or omissions giving rise to the claim occurred in this district. In addition, Defendant City of Markham is a municipal corporation in this district. Further, on information and belief, all Defendant officers reside in this judicial district. The Parties 10. Plaintiff LAFAYETTE THOMAS is a resident of Markham, Illinois. 11. Defendant Officer WILLIAM BRAZIL was at all times relevant to this Complaint a Markham Police Officer, badge number 536. Defendant Brazil is sued 2
Case: 1:16-cv-08107 Document #: 1 Filed: 08/16/16 Page 3 of 14 PageID #:3 here in his individual capacity. At all times relevant to this Complaint, Defendant Brazil was acting under color of law and within the scope of his employment. 12. Defendant Officer ZAKIYA LARRY was at all times relevant to this Complaint a Markham Police Officer. Officer Larry s badge number is not known to Plaintiff. Defendant Larry is sued here in her individual capacity. At all times relevant to this Complaint, Defendant Larry was acting under color of law and within the scope of her employment. 13. Defendant CITY OF MARKHAM is a political subdivision of the state of Illinois. At the time of the events giving rise to this Complaint, Defendant City of Markham was the employer of Defendant Officers Brazil and Larry (together, the Defendant Officers ), who acted pursuant to the City s policies and practices. Under the doctrine of respondeat superior, the CITY OF MARKHAM is liable for the torts of its employees occurring within the course and scope of their employment. General Allegations 14. On or about March 17, 2016, LaFayette Thomas was a passenger in a car driven by his father, Cleophus Marshall. Thomas suffers from sickle cell disease and had recently been hospitalized. Marshall was taking Thomas to his doctor to pick up some medication. 15. While turning left from 167th Street onto Pulaski Avenue, they were signaled to pull over by a Markham Police Department vehicle. 3
Case: 1:16-cv-08107 Document #: 1 Filed: 08/16/16 Page 4 of 14 PageID #:4 16. Marshall and Thomas immediately turned into a parking lot, and the police car pulled in behind them. 17. They sat in their car for several minutes until finally a Markham police officer got out of the police car and approached the driver s side window of Marshall s car. 18. The officer was not wearing a name badge and was not wearing his uniform hat. 19. Thomas later learned that the officer was Defendant Officer Brazil. 20. Defendant Officer Brazil asked Marshall for his driver s license. Marshall did not have one on him and told Defendant Officer Brazil so. 21. Defendant Officer Brazil went back to his squad car for a short time. When he returned, he told Marshall that he, Marshall, was driving on a suspended license and instructed Marshall to get out of the car. 22. Defendant Officer Brazil then made a call to arrange to have the car impounded. He then arrested and handcuffed Marshall, and put him in the back seat of the squad car. 23. After putting Marshall into the squad car, Defendant Officer Brazil opened the passenger side door of Marshall s car and told Thomas to get out of the vehicle. 24. At no time was Thomas cited or charged with any offense. 25. As Thomas exited the vehicle, his keys fell out of his pocket onto the seat of the car. Defendant Officer Brazil picked them up and asked Thomas whether 4
Case: 1:16-cv-08107 Document #: 1 Filed: 08/16/16 Page 5 of 14 PageID #:5 they were Thomas s keys. Thomas answered affirmatively, then asked if he could look around the car briefly to see whether he had he left behind any other personal items. Defendant Officer Brazil told Thomas to get the fuck away from the car, or words to that effect. 26. Thomas then asked Defendant Officer Brazil if he, Brazil, could look to see whether any personal items remained in the car. 27. Defendant Officer Brazil shouted at Thomas, I am not looking for anything! or word to that effect. Defendant Officer Brazil then began screaming curse words at Thomas. 28. At that point, Thomas asked the officer for his name. Defendant Officer Brazil refused to give it to him. Thomas asked again several times, and Defendant Officer Brazil refused and began to threaten to harm Thomas. 29. Thomas then called his godmother, LaJolyn Robinson. Robinson is an employee of the Markham Police Department. 30. With Robinson on the phone, Thomas again asked Defendant Officer Brazil for his name. Instead of answering, Defendant Officer Brazil let loose a stream of expletives directed at Thomas and audible to Robinson on the phone. 31. Robinson told Thomas to look at the Officer s name badge and to tell her who it was. Thomas explained to Robinson that Brazil was not wearing any name badge and was not wearing anything that would identify him or his badge number. 5
Case: 1:16-cv-08107 Document #: 1 Filed: 08/16/16 Page 6 of 14 PageID #:6 32. Around this time, a second Markham Police Officer, Defendant Officer Zakiya Larry, arrived on the scene. Defendant Officer Larry witnessed all of what followed, but did nothing to stop it. 33. Defendant Officer Brazil walked past Thomas, who was still on the phone, and came up behind him. He grabbed Thomas s right arm and twisted it up behind Thomas s back. Using Thomas s right arm like a handle, Defendant Officer Brazil repeatedly slammed Thomas s torso down onto the hood of the police car, causing Thomas s chest and face to hit the vehicle. 34. At the same time, Defendant Officer Brazil began to grab for Thomas s phone, but was unable to get it. 35. Thomas begged Defendant Officer Brazil to stop, telling him that he had sickle cell anemia and had recently had brain surgery. 36. Defendant Officer Brazil did not stop. Instead, he told Thomas There s nothing wrong with you, or words to that effect, and slammed Thomas s head into the car several more times. 37. This attack occurred in plain view of Defendant Officer Larry and Cleophus Marshall, who was in the backseat of the police car. 38. Meanwhile, a tow truck arrived to seize Marshall s vehicle. 39. Once the car was removed, the Defendant Officers left the scene, leaving Thomas stranded alone in the parking lot. Neither of them offered any transportation or medical assistance to Thomas, even though he was obviously injured and in need of medical care. 6
Case: 1:16-cv-08107 Document #: 1 Filed: 08/16/16 Page 7 of 14 PageID #:7 40. Robinson, who had been on the phone for most of the time, came to pick up Thomas, but it was several minutes before she arrived. Mr. Thomas s Damages 41. Thomas was treated in the Emergency Room at Ingalls Hospital for the severe contusions to his shoulder and arm and the injuries to his face. He was given a sling for his right arm. He was also treated for chest pain. 42. After leaving the hospital, however, the pain in Thomas s chest became worse. Defendant Officer Brazil s attack caused Thomas to go into a sickle cell crisis, a condition that results in severe pain throughout the body and puts a person at risk of organ failure. 43. This crisis lasted for several days. In fact, Thomas had to be admitted to Northwestern Hospital a few days after the attack and was given a blood transfusion, oxygen, and pain medications. 44. Thomas was also experiencing nightmares from the attack. While he was hospitalized, he began receiving medications for nightmares and anxiety. 45. Thomas was initially hospitalized for a week, but he has been readmitted several times since for ongoing problems. For example, Thomas developed Bell s Palsy a few weeks after the incident. He is also now required to wear a life vest a mobile defibrillator because of the trauma to which he was subjected. 46. In addition to his physical symptoms, Thomas also has continuing problems with nightmares, anxiety, and loss of sleep, and has been diagnosed with post-traumatic stress disorder. 7
Case: 1:16-cv-08107 Document #: 1 Filed: 08/16/16 Page 8 of 14 PageID #:8 Count I 42 U.S.C. 1983 Excessive Force 47. Plaintiff incorporates the above paragraphs of this Complaint by reference as if fully restated herein. 48. As described more fully above, Defendant Brazil used excessive force against Plaintiff in violation of his rights under the Fourth Amendment. 49. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally and with willful indifference to Plaintiff s constitutional rights. 50. The misconduct described in this Count was undertaken with malice, willfulness, and reckless indifference to the rights of others. 51. As a result of Defendant Brazil s unjustified and excessive use of force, Plaintiff suffered pain and injury, including emotional distress. 52. Further, Plaintiff s injuries were proximately caused by the Defendant City of Markham s policy, practice, and custom of failing to train, supervise and control its police officers. Defendant Brazil s misconduct was undertaken pursuant to the policy, practice, and custom of the City of Markham. 53. As a matter of both policy and practice, the City of Markham directly encourages, and is thereby the moving force behind, the very type of misconduct at issue here by failing to adequately train, supervise and control its officers, such that its failure to do so manifests deliberate indifference; 54. As a matter of both policy and practice, the City of Markham facilitates the very type of misconduct at issue here by failing to adequately punish and 8
Case: 1:16-cv-08107 Document #: 1 Filed: 08/16/16 Page 9 of 14 PageID #:9 discipline prior instances of similar misconduct, thereby leading Markham police officers to believe their actions will never be scrutinized and, in that way, directly encouraging future abuses such as those affecting Plaintiff. 55. The City of Markham is aware that Officer Brazil has engaged in repeated acts of abuse toward citizens. Indeed, Officer Brazil has been named as a defendant in lawsuits involving citizen abuse at least four times in the last five years. See Longley v. Brazil, 13-cv-01296 (N.D. Ill.); Hodge v. City of Markham, 12- cv-08198, (N. D. Ill.), Pratts v. Doe, 12-cv-9438 (N.D. Ill); and McCartney v. Newell, 11-cv-05862 (N.D. Ill.). The City of Markham has settled these suits for an undisclosed sum. 56. Further, days after Plaintiff was assaulted, Plaintiff spoke to Markham Mayor David Webb about the incident. When he told Mayor Webb that the officer who attacked him was Officer Brazil, the Mayor uttered an expletive that clearly indicated this was not the first time he had heard complaints about Brazil. 57. Moreover, the City of Markham s problem with police abuse is not limited to Officer Brazil. Markham officers have in the past been caught on video abusing citizens, leading to additional lawsuits. See http://www.nbcchicago.com/ investigations/alleged-police-brutality-captured-on-surveillance-tape- 270550321.html. 58. Additionally, former Deputy Chief Anthony DeBois was found to have sexually assaulted a woman in custody, and lied to the FBI about it. See http://articles.chicagotribune.com/2013-09-05/news/chi-former-deputy-police-chief- 9
Case: 1:16-cv-08107 Document #: 1 Filed: 08/16/16 Page 10 of 14 PageID #:10 of-markham-pleads-guilty-to-lying-to-fbi-20130905_1_deputy-police-chief-markhampolice-officer-police-custody. For many years, Deputy Chief DeBois himself was the head of Markham s Internal Affairs division, the office responsible for responding to citizen complaints of abuse. 59. Despite clear notice of a problem, the City of Markham has failed to act to remedy the patterns of abuse described in the preceding sub-paragraphs. That failure has caused the types of injuries alleged here. Count II - 42 U.S.C. 1983 Failure to Intervene 60. Plaintiff incorporates all of the above paragraphs of this Complaint by reference as if fully restated herein. 61. As described more fully above, Defendant Officer Larry had a reasonable opportunity to intervene to prevent the violation of Plaintiff s constitutional rights, but she failed to do so. 62. Defendant Officer Larry s actions were undertaken intentionally, with malice and reckless indifference to Plaintiff s constitutional rights. 63. As a result of Defendant Larry s failure to intervene, Plaintiff suffered physical and emotional injuries as described above. 64. Further, Defendant Larry s failure to intervene to prevent Plaintiff s injuries was proximately caused by the Defendant City of Markham s policy, practice, and custom of failing to train, supervise and control its police officers. Defendant Officer Larry s misconduct was undertaken pursuant to the policy, practice, and custom of the City of Markham as described in paragraphs 52-59. 10
Case: 1:16-cv-08107 Document #: 1 Filed: 08/16/16 Page 11 of 14 PageID #:11 Count III 42 U.S.C. 1983 Conspiracy 65. Plaintiff incorporates the above paragraphs of this Complaint by reference as if fully restated herein. 66. As described more fully above, Defendant Officers Brazil and Larry reached an agreement between themselves to use excessive force on Plaintiff and thereby deprive him of his constitutional rights. 67. In furtherance of the conspiracy, each of the co-conspirators committed overt acts and was an otherwise willing participant in the joint activity. 68. The misconduct described in this Count was undertaken with malice, willfulness, and reckless indifference to the rights of others. 69. As a result of the illicit prior agreement described above, Plaintiff s rights were violated and he suffered physical and emotional injury as described above. Count IV -- State Law Claim Assault and Battery 70. Plaintiff incorporates the above paragraphs of this Complaint by reference as if fully restated herein. 71. In the manner described above, the conduct of Defendant Officer Brazil, acting under color of law and within the scope of his employment, constituted unjustified and offensive physical contact, undertaken willfully and wantonly, proximately causing Plaintiff s bodily injuries. 11
Case: 1:16-cv-08107 Document #: 1 Filed: 08/16/16 Page 12 of 14 PageID #:12 72. The misconduct described in this Count was objectively unreasonable and was undertaken intentionally with willful indifference to Plaintiff s constitutional rights. 73. The misconduct described in this Count was undertaken with malice, willfulness, and reckless indifference to the rights of others. 74. As a result of the misconduct described in this Count, Plaintiff suffered physical and emotional injuries as described above. Count V -- State Law Claim Intentional Infliction of Emotional Distress 75. Plaintiff incorporates the above paragraphs of this Complaint by reference as if fully restated herein. 76. The actions, omissions, and conduct of the Defendant Officers as set forth above were extreme and outrageous. These actions were rooted in an abuse of power and authority and were undertaken with the intent to cause, or were in reckless disregard of the probability that their conduct would cause, severe emotional distress to Plaintiff, as is more fully alleged above. 77. As a result of the Defendant Officers actions, Plaintiff suffered severe emotional distress as described above. Count VI -- State Law Claim Respondeat Superior 78. Plaintiff incorporates the above paragraphs of this Complaint by reference as if fully restated herein. 12
Case: 1:16-cv-08107 Document #: 1 Filed: 08/16/16 Page 13 of 14 PageID #:13 79. In committing the acts and omissions alleged in the preceding paragraphs, the Defendant Officers were members and agents of the Markham Police Department acting at all relevant times within the scope of their employment. 80. Defendant City of Markham is liable as principal for all torts committed by its agents. Count VII -- State Law Claim Indemnification 81. Plaintiff incorporates the above paragraphs of this Complaint by reference as if fully restated herein. 82. Illinois law provides that public entities are directed to pay any tort judgment for compensatory damages for which employees are liable within the scope of their employment activities. 83. The Defendant Officers are or were employees of the Markham Police Department who acted within the scope of their employment in committing the misconduct described above. WHEREFORE, Plaintiff LaFayette Thomas respectfully requests that this Court enter judgment in his favor and against Defendant Officers Brazil and Larry and Defendant City of Markham, awarding compensatory damages, attorneys fees, and punitive damages against Defendant Officers Brazil and Larry in their individual capacities, as well as any other relief this Court deems just and appropriate. 13
Case: 1:16-cv-08107 Document #: 1 Filed: 08/16/16 Page 14 of 14 PageID #:14 JURY DEMAND Plaintiff, LAFAYETTE THOMAS, hereby demands a trial by jury pursuant to Federal Rule of Civil Procedure 38(b) on all issues so triable. Respectfully submitted, Jon Loevy Arthur Loevy Gretchen E. Helfrich LOEVY & LOEVY 311 North Aberdeen Street Third Floor Chicago, Illinois 60607 Phone: (312) 243-5900 Fax: (312) 243-5902 Jon@loevy.com Arthur@loevy.com Gretchen@loevy.com /s/ Gretchen E. Helfrich One of Plaintiff s Attorneys 14