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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION KENYATTA HILL COTTON, as the Administrator of i ‘The Estate of MR. RICKEY ROZELLE, deceased, ) ) No. 2014 L 8588 Plaintiff, ) ) Calendar B “vs. ) } ‘THE CITY OF CHICAGO, a municipal corporation, and Jury} Fat = JOHN POULOS, a Chicago Police Officer, ) 320 =. Zoo = ) Bg.5 Defendants. ) 22 5 7 ) 825° o fag 0.5 w First Amended Complaint at Law = = NOW COMES THE PLAINTIFF, MRS. KENYATTA HILL COTTON, as the Administrator of the Estate of Mr. Rickey Rozelle, now deceased, by her attorney, Michael C. Goode, and for her First Amended Complaint at law against the defendants the City of Chicago, a municipal corporation and John Poulos, individually, a Chicago Police Officer, alleges as follows: 1. The plaintiff KENYATTA HILL COTTON is the sister and the duly appointed Administrator of the Estate of Mr. Rickey Rozelle. 2. The defendant City of Chicago, is a municipal corporation, duly organized under the laws of the State of Illinois and located in Cook County, Illinots, and at all times relevant to this matter employed a police force or department known as the City of Chicago Police Department. 3. One of the police officers employed by the City of Chicago on August 31, 2013 and September 1, 2013, is an individual whose name is John Poulos. 4, John Poulos was, at all times relevant to this cause of action a sworn police officer acting within the scope of that officer’s employment with the City of Chicago, 5. On or about August 31, 2013 and into September 1, 2013, the plaintiff Rickey Rozelle was present in the vicinity of the 1900 block of North Lincoln Avenue in the City of Chicago, County of Cook and State of illinois. 6. At that time and at or near 1935 North Lincoln Avenue, Chicago, Cook County, llinois, John Poulos, a Chicago Police officer observed Rickey Rozelle at or near the second floor porch of an uninhabited building 7. At said time and place John Poulos called out to Rickey Rozelle and ordered Rickey Rozelle to leave the porch area and to come down to the alley where Chicago Police Officer John Poulos was standing. 8. As Rozelle left the porch and entered the alley area where Chicago Police Officer John Poulos was standing Officer John Poulos had a hand gun in his hand and aimed 2 gun at Rozelle, 9. At that time and place (at or near 1935 North Lincoln Avenue, Chicago, Cook County, llincis), Officer John Poulos did continue to speak with Rozelle as Rozelle walked away from the Police Officer John Poulos. 10. Officer John Poulos continued to speak with Rozelle and Rozelle tuned around and faced Officer John Poulos. 11. As Rozelle faced John Poulos the Chicago Police Officer did then and there fire two shots from the weapon he was then holding, 12. One or more of the two shots fired by the Chicago Police Officer did then and there strike Rickey Rozelle in his person. 13. One or more of the gun shots fired by the Chicago Police Officer did then cause the death of Rickey Rozelle. 14. At the time Rickey Rozelle was’ shot as described above, Rickey Rozelle was not armed with’a gun, 15, At the time Rickey Rozelle was shot as described above, Rickey Rozelle was not armed with a weapon. 16. The defendant City of Chicago and their agents and employees never located or recovered a gun or other weapon from the person or body of Rickey Rozelle 17. The defendant City of Chicago and their agents and employees never located or recovered a gun or other weapon in the immediate vicinity of the body of Rickey Rozelle. 18. At the time Rickey Rozelle was shot he was not posing a danger to any other person. 19. The weapon or gun used by the Chicago Police Officer when he shot Rickey Rozelle was not owned by or registered to the Chicago Police Officer who then shot Rickey Rozelle. 20. The weapon or gun used by the Chicago Police Officer when he shot Rickey Rozelle was not the officer’s service weapon. Wrony Against the City of Chi 21. At all times relevant to these proceedings it was the duty of the defendant City of Chicago, acting by and through its agents and employees, including Chicago Police Officer John Poulos who fired a gun at Rickey Rozelle on or about August 31, 2013, to refrain from conduct exhibiting reckless or conscious disregard for the safety of others, including plaintif’s decedent, Rickey Rozelle. 22. Notwithstanding said duty, the defendant City of Chicago, acting by and through its agents and employees, including Chicago Police Officer John Poulos, on August 31, 2013, at or near at or near 1935 North Lincoln Avenue, Chicago, Cook County, llinois, committed one or more of the following willful and wanton acts and/or ‘omissions: a. Used deadly force against Rickey Rozelle under circumstances in which Rickey Rozelle did not present or pose a threat of death or serious bodily harm to any individual, including officer John Poulos; b. Discharged a firearm at Rickey Rozelle under circumstances in which Rickey Rorelle did not present or pose a threat of death or serious bodily harm to police officers or other persons; ©. Discharged a firearm at Rickey Rozelle when Rickey Rozelle was not armed; d. Discharged a firearm at Rickey Rozelle when the Chicago Police Officer who shot Rickey Rozelle knew or should have known that Rickey Rozelle was not armed; - Recklessly or intentionally discharged a firearm at Rickey Rozelle knowing that said act would cause the death or great bodily harm to Rickey Rozelle; f Discharged a firearm at Rickey Rozelle under circumstances that were not appropriate for the use of deadly force by a Chicago Police Officer. 23. As a direct and a proximate result of one or more of the foregoing acts and/or omissions by the defendant City of Chicago, acting by and through its agents, police officers and/or others, Rickey Rozelle was shot and Rickey Rozelle did then expire or die from being shot. 24. Rickey Rozelle is survived by his next of kin and minor child Rickey Antonio Steele. 25, Asa direct and a proximate result of the death of Rickey Rozelle, his next of kin has suffered great and grievous losses of a personal and a pecuniary nature, and has been deprived of the society, companionship, friendship, comfort, guidance, love, support and affection of a father, subjecting the defendant City of Chicago to liability Pursuant to the illinois Wrongful Death Act 740 ILCS 180/1, et seq. WHEREFORE, the plaintiff, MRS. KENYATTA HILL COTTON, as the Administrator of the Estate of Mr. Rickey Rozelle, deceased, prays that this court enter judgment as and against the defendant The City of Chicago, in an amount in excess of Fifty Thousand Dollars, plus the plaintiff's costs of this action, and further, for that relief deemed proper by this great and honorable court. 1-25) As and for paragraphs one through twenty-five of Count Two of this Complaint at Law, the plaintiff, MRS. KENYATTA HILL COTTON, as the Administrator of the Estate of Mr. Rickey Rozelle does hereat re-plead and re-allege paragraphs one through twenty-five from the above sections of this complaint as though the same were set forth hereat in their entirety. 26. Asa further direct and proximate result of one or more of the above mentioned acts and/or omissions of the City of Chicago, acting by its agent and/or employee, including John Poulos, prior to his death Rickey Rozelle, decedent, did suffer serious injuries of a personal and pecuniary nature, including but not limited to great pain and suffering prior to his death, subjecting the defendants to liability pursuant to the llinois Survival Act, 755 ILCS 5/27-6, WHEREFORE, the plaintiff, MRS. KENYATTA HILL COTTON, as the Administrator of the Estate of Mr. Rickey Rozelle, deceased, prays that this court enter judgment as and against the defendant The City of Chicago, in an amount in excess of Fifty Thousand Dollars, plus the plaintiff's costs of this action, and further, for that relief deemed proper by this great and honorable court. Wrongful Death Against Chicago Police Officer John Poulos indi 1-26) As and for paragraphs one through twenty-six of Count Three of this Complaint at Low, the plaintiff, MRS. KENYATTA HILL COTTON, as the Administrator of the Estate of Mr. Rickey Rozelle does hereat re-plead and re-allege paragraphs one through twenty-six from the above sections of this complaint as though the same were set forth hereat in their entirety. 27. At all times relative to this Complaint at Law, it was the duty of the defendant police officer John Poulos, to refrain from conduct exhibiting a reckless or a conscious isregard for the safety of others, including the plaintiff's decedent Rickey Rozelle. 28. Notwithstanding said duty, the defendant police officer, John Poulos, committed one or more of the following wrongful, willful and wanton acts and/or omissions: a Used deadly force against Rickey Rozelle under circumstances in which Rickey Rozelle did not present or pose a threat of death or serious bodily harm to any individual, including officer John Poulos; Discharged a firearm at Rickey Rozelle under circumstances in which Rickey Rozelle did not present or pose a threat of death or serious bodily harm to police officers or other persons; Discharged a firearm at Rickey Rozelle when Rickey Rozelle was not armed; Discharged a firearm at Rickey Rozelle when the Chicago Police Officer who shot Rickey Rozelle knew or should have known that Rickey Rozelle was not armed; Recklessly or intentionally discharged a firearm at Rickey Rozelle knowing that said act would cause the death or great bodily harm to Rickey Rozelle; Discharged a firearm at Rickey Rozelle under circumstances that were not appropriate for the use of deadly force by a Chicago Police Officer. 29. As 2 direct and a proximate result of one or more of the foregoing acts and/or ‘omissions by the defendant John Poulos, Rickey Rozelle was shot and Rickey Rozelle did then expire or die from being shot. 30. Rickey Rozelle is survived by his next of kin and minor child Rickey Antonio Steele. 31, Asa direct and a proximate result of the death of Rickey Rozelle, his next of kin has suffered great and grievous losses of a personal and a pecuniary nature, and has been deprived of the society, companionship, friendship, comfort, guidance, love, support and affection of a father, subjecting the defendant City of Chicago to lability Pursuant to the Ilinois Wrongful Death Act 740 ILCS 180/1, et seq. WHEREFORE, the plaintiff, MRS. KENYATTA HILL COTTON, as the Administrator of the Estate of Mr. Rickey Rozelle, deceased, prays that this court enter judgment as and against the defendant John Poulos, in an amount in excess of Fifty Thousand Dollars, plus the plaintiff's costs of this action, and further, for that relief deemed proper by this great and honorable court. Count Fo Survival Action Against Chicago Police Officer John Poulos — individually 1.25) As and for paragraphs one through twenty-five of Count Four of this Complaint at Law, the plaintiff, MRS. KENYATTA HILL COTTON, as the Administrator of the Estate of Mr. Rickey Rozelle does hereat re-plead and re-allege paragraphs one through twenty-five from the above sections of this complaint as though the same were set forth hereat in their entirety, 26:31. Paragraph numbers twenty six through thirty-one are not used in Count Four of ‘this Complaint at Law. 32, Asa further direct and proximate result of one or more of the above mentioned acts and/or omissions of the defendant John Poulos, (the Chicago Police Officer who shot the plaintiff, the decedent), prior to his death Rickey Rozelle did suffer serious Injuries of a personal and pecuniary nature, including but not limited to great pain 8 and suffering prior to his death, subjecting the defendants to liability pursuant to the Minois Survival Act, 755 ILCS 5/27-6. WHEREFORE, the plaintiff, MRS. KENYATTA HILL COTTON, as the Administrator of the Estate of Mr. Rickey Rozelle, deceased, prays that this court enter judgment as and against the defendant John Poulos, in an amount in excess of Fifty Thousand Dollars, plus the plaintiff's costs of this action, and further, for that relief deemed proper by this great and honorable court. Count Five Violation of Civil Rights ~Section 1983 Action John Poulos individually and City of Chicago 1:31) } As and for paragraphs one through thirty-one of Count Five of this Complaint at Law, the plaintiff, MRS. KENYATTA HILL COTTON, as the Administrator of the Estate of Mr. Rickey Rozelle does hereat re-plead and re-allege paragraphs one through thirty-one from the above sections of this complaint as though the same were set forth hereat in their entirety. 33, The above actions by the defendant John Poulos, acting under color of state law and authority, and the City of Chicago constitute a violation of Section 1983, and is a violation of the civil rights of the plaintiff Ricky Rozelle, WHEREFORE, the plaintiff, MRS. KENYATTA HILL COTTON, as the Administrator of the Estate of Mr. Rickey Rozelle, deceased, prays that this court enter judgment as, and against the defendant John Poulos individually, and the City of Chicago, in an amount in excess of Fifty Thousand Dollars, plus the plaintiff's costs of this action, and further, for that relief deemed proper by this great and honorable court. he submitte “4, ee Michael C. Goode, Esq., Attorney's Code Number 70701 Attorney for MRS. KENYATTA HILL COTTON, as the Administrator of the Estate of Mr. Rickey Rozelle 30 East Adams Street, suite 1040, Chicago, tlinois 60603 (312) 541-1331 FAX 312-236-3894 10 Affidavit Pursuant to illinois Suoreme Court Rule 222 Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the as attorney for the party plaintiff, he has made a Good faith analysis of this case which seeks money damages, and the facts related thereto and that he does believe the damages sought in this case exceed $50,000. Respectfully submitted, Michael C. Goode, Esq, Atty. For the plaintiff 30. Adams Street, #1040 Chicago, iinois 60603 (322) 541-2331 Atty. Code no. 70701