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Case: 1:19-cv-03728 Document #: 1 Filed: 06/04/19 Page 1 of 20 PageID #:1
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
WILLIAM RIVERA, )
)
Plaintiff, )
)
v. ) Case No.
)
TOWN OF CICERO; OFFICER ARMANDO )
GALVIN, STAR No. 242; OFFICER KANE, Star )
No. 282; OFFICER PEREZ; OFFICER ANDREW )
GUITERREZ, Star No. 256; DETECTIVE )
SALVADOR OROZCO, Star No. 482; OFFICER )
CHARLES SIERRA, Star No. 260; OFFICER, J. )
KOSENESKI, Star No. 286; OFFICER EDGAR )
ALBA, Star No. 223; OFFICER LARA, Star No. )
244; CAPTAIN CHRISTOPHER WOJTOWICZ; )
DEPUTY POLICE SUPERINTENDANT )
SCHULLO; and Unknown Town of Cicero Police )
Officers; )
)
Defendants. )
COMPLAINT AT LAW
NOW COMES, the Plaintiff, WILLIAM RIVERA, by and through his attorneys,
Anthony J. Peraica & Associates, Ltd., and complains against the Defendants as follows:
Nature of Action
1. This action is brought pursuant to the laws of the United States, specifically through
42 U.S.C. 1983 and 42 U.S.C. 1988, pursuant to the rights secured through the United States
Constitution, and pursuant to the Laws of the State of Illinois, to redress deprivations of the Civil
Rights of the Plaintiff by the Defendants when the Plaintiff was wrongfully subject to a Terry
Stop, Arrest, and Criminal Trial for attempting to serve Federal subpoenas on June 7, 2018.
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Jurisdiction and Venue
2. This Court has jurisdiction pursuant to 28 U.S.C. 1331, 28 U.S.C. 1343, and 28
U.S.C. 1367.
3. At all relevant times, the Plaintiff was a resident of the State of Illinois in this Judicial
District.
4. The TOWN OF CICERO is a municipal corporation located in the State of Illinois in
this Judicial District.
5. At all times relevant to this complaint, the TOWN OF CICERO was the employer of
the Individually named Defendants.
6. The Individually named Defendants are: OFFICER ARMANDO GALVIN, STAR
No. 242; OFFICER KANE, Star No. 282; OFFICER PEREZ; OFFICER ANDREW
GUITERREZ, Star No. 256; DETECTIVE SALVADOR OROZCO, Star No. 482; OFFICER
CHARLES SIERRA, Star No. 260; OFFICER, J. KOSENESKI, Star No. 286; OFFICER
EDGAR ALBA, Star No. 223; OFFICER LARA, Star No. 244; CAPTAIN CHRISTOPHER
WOJTOWICZ; DEPUTY POLICE SUPERINTENDANT SCHULLO; and Unknown Town of
Cicero Police Officers. They are named in their individual and official capacities. Upon
information and belief, all of the Individually named Defendant Officers are residents of the
State of Illinois.
7. All of the Individually Named Defendants were at all relevant times employed by the
TOWN OF CICERO and duly appointed police officers in the TOWN OF CICERO.
8. At all relevant times, the Individually Named Defendants were acting within the
course and scope of their employment and under color of law as police officers for the Town of
Cicero.
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9. The events giving rise to the claims asserted herein occurred within this Judicial
District. Venue is proper pursuant to 28 U.S.C. 1391(b).
Facts
10. On June 5, 2018, Plaintiff William Rivera picked up federal subpoenas from a law
firm to serve upon Larry Dominick and Ruth Ortega.
11. On June 5, 2018, Rivera went to the Town of Cicero hall to see if Larry Dominick,
the President of the Town of Cicero, was in his office in order to serve the federal subpoena.
12. Upon learning from Dominick’s secretary that he was not in and only comes in for
meetings, Rivera inquired as to where Dominick lived.
13. The secretary told Rivera that Larry Dominick lives on Austin and 34th Street.
14. Rivera left the area and returned to his home office to perform a skip trace on Larry
Dominick to locate his address.
15. The Skip Trace provided an Austin address as Larry Dominick’s home.
16. In the afternoon of June 5, 2018, Rivera proceeded to the Austin address to see if
Dominick resided there.
17. Upon Rivera’s arrival at the Austin address, he knocked on the door but there was no
answer.
18. At that time, Rivera saw a box and picked it up to see if the resident of the home was
Larry Dominick. Not seeing Dominick’s name, he returned the box to the ground and proceeded
to his vehicle.
19. As Rivera was heading to his vehicle, a woman from across the street loudly asked
him why he was knocking on that door. Rivera told the woman that he was looking for Larry
Dominick’s house. She told Rivera that Larry Dominick lives on 60th Court and Austin Avenue.
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20. Rivera then left the area and continued on to serve subpoenas in Justice, Illinois.
21. On June 7, 2018, Rivera stopped by the law firm to discuss the federal subpoenas he
was serving.
22. When he left the law firm, Rivera went to the Berwyn address on the federal
subpoena for Ruth Ortega. There was no answer at that address and Ortega’s name was not on
the mailbox, so Rivera left.
23. Upon returning to his car, Rivera looked over the skip trace on Larry Dominick
again and proceeded to go through the addresses set forth on the skip trace.
24. The first address was on 60th Court, there was no answer at the residence and no
outside mailbox with a name on it.
25. The second address was on 59th Court. This house had cameras on the outside, but no
one answered the door.
26. The third address was also on 59th Court. A Spanish speaking male answered the door
and told Rivera that Larry Dominick did not live there but used to own the building. The resident
told Rivera that Dominick lived down the block and confirmed that the other address on 59th
Court was Dominick’s house.
27. Since no one answered the 59th Court address that was identified as Dominick’s
home, Rivera started to drive home.
28. Rivera went down Austin Avenue to Pershing Road, made a left on Pershing headed
towards Central Avenue.
29. After turning onto Pershing, a Cicero Police Department squad car pulled up behind
Rivera, put their lights on and pulled him over.
30. Officers Kane and Galvin were in the Cicero Police Department squad car that pulled
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Rivera over.
31. Around 1:45pm on June 7, 2018, Officer Kane approached Rivera’s driver side door
and asked for his driver’s license.
32. Rivera asked why he was stopped and no response was provided by Officer Kane.
33. Officer Kane saw Rivera’s process server badge and asked if he was a police officer.
34. Rivera responded that he was not an officer but a process server.
35. Officer Kane asked for the badge and Rivera provided it to him.
36. Officer Kane then asked if Rivera worked for Cook County.
37. Rivera responded that he does not work for Cook County but had taken his process
serving courses in Cook County and they provided him with the badge.
38. Officer Kane then asked Rivera who he was serving and can he see the document.
39. Rivera told Officer Kane that he was attempting to serve Larry Dominick and show
him the envelope.
40. Officer Kane asked who send him to serve the subpoena and Rivera did not respond.
41. Officer Kane told Rivera that he was not authorized to serve the subpoena because he
does not work for Cook County. Rivera attempted to explain that he was a private process server
and did not work for Cook County. Officer Kane pressed him for a Cook County identification
card and Rivera reiterated that he does not work for Cook County but does have a PERC card.
42. Officer Kane took Rivera’s process server badge, PERC card and driver’s licenses
back to the squad car.
43. Officer Galvin than approached Rivera’s driver’s side door and told him to stay in the
vehicle and they will be back. Officer Galvin then joined Officer Kane by the squad car.
44. About 10 minutes later, around 2:00pm, two more police cars come to the location
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that Rivera is stopped at. One of the new officers was a captain or sergeant in a white shirt with
three stripes, he proceeded to ask Rivera the same questions about his process server badge and
who he was trying to serve.
45. The sergeant walked away from Rivera laughing, with the other officers.
46. The sergeant than left and only Officers Kane, Galvin and Perez were there.
47. Another Town of Cicero police car arrived about 5 minutes later, and a tall Hispanic
officer arrived and spoke with the other officers but did not approach Rivera.
48. Shortly thereafter, a short, chubby, Caucasian officer pulled up in a Town of Cicero
police car. This officer looked over Rivera’s documents with Officer Kane and then approached
Rivera and inquired why he was serving subpoenas when he does not work for Cook County and
why he was serving Ruth Ortega.
49. Rivera responded that he has a subpoena for her.
50. The Officer also asked why Rivera was serving Dominick when he is the President of
Cicero?
51. Rivera responded that he was a private process server and that he serves legal
documents such as subpoenas and evictions. Rivera responded that he did not know why
Dominick was being served with a subpoena because it is none of his business, his job is to just
serve the papers.
52. Around 2:10pm, another Town of Cicero police car arrives with another two officers.
Now there are about six officers at Rivera’s traffic stop.
53. One of the newly arrived young, Hispanic officers approached Rivera’s vehicle and
ordered him out of the vehicle. Rivera got out of the vehicle then was ordered to work to the
back of his vehicle and put his hands on the hood of the police vehicle. The officer than asked
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Rivera if he carried a gun, to which Rivera responded no, he is a process server. The officer
proceeded to pat Rivera down.
54. The young Hispanic Officer receives Rivera’s driver’s license, badge, PERC card and
papers from Officer Kane. He walks away from Rivera while speaking to someone on a cell
phone as he looks through the papers Officer Kane handed him.
55. The young Hispanic Officer finished his conversation and walked back toward
Rivera. He asked Rivera what he was doing around there and Rivera responded he came to serve
subpoenas. The officer then put Rivera’s badge in his pocket and handed the papers back to
Officer Kane. The officer walked away saying he was going to investigate Rivera.
56. Officer Ramirez then approaches Rivera and tells him that he is under arrest. Rivera
asks what for to which the officer stated he has something.
57. Rivera was not read his Miranda Rights and was not provided with a reason for his
arrest.
58. Officer Kane placed handcuffs onto Rivera, placed him in the police car and drove
him to the Town of Cicero police station.
59. Officer Kane and Officer Galvin told Rivera that his vehicle will be parked there and
he can pick it up later. As they drove away, Rivera saw Officer Ramirez open Rivera’s vehicle,
the glove box and truck.
60. At the Cicero Police Station, Rivera was processed by having his fingerprints taken
and mug shot.
61. The officer performing the processing was rough on Rivera and insulted Rivera by
calling him stupid. The officer also had Rivera remove his shoes, shoe laces, socks and
sweatshirt.
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62. Rivera complained that the floor was cold so he was allowed to put his socks back on.
63. After being processed, the same officer asked Rivera whether he was right or left
handed and tightly cuffed his left hand, pressing into Rivera’s bone, and the other handcuff
attached to the wall. Another officer prepared the paperwork.
64. After the paperwork was completed, the handcuff was removed from the wall and
placed on Rivera’s free arm. Rivera was then transported to a single cell, number 132.
65. Rivera was pushed into the cell and had to place his hands in the window to be
uncuffed. The officer was pulling on Rivera’s arms and rough in removing the handcuffs. Rivera
saw Officer Galvin shaking his head when Rivera was in the cell.
66. Officer Rodriguez then told Rivera he will be investigated in an hour, not too late but
soon.
67. The air conditioning in the cell caused the temperature to be freezing.
68. Rivera asked the officers to lower the air conditioning or place him in a warmer place
but they refused. After the request was denied, the temperature of the cell Rivera was in became
even colder.
69. The officers had taken Rivera’s sweater so Rivera placed his arms in his T-shirt and
put it over his head.
70. Rivera asked to call a lawyer and his request was denied. He was told, he had to be
processed first.
71. As the time in the cell progressed and the temperature remained freezing, Rivera fell
to the floor trembling. Officers walked by but did not do anything. One of the officers told
Rivera that they can keep him there for 72 hours.
72. Rivera took the toilet paper and started wrapping it around his chest for some warmth.
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An officer came by and asked why he did that; Rivera told him that he is a diabetic and his heart
is beating very fast. The officer only response was that you cannot use toilet paper for that
purpose.
73. Rivera’s family concerned that they had not heard from Rivera all afternoon and
Rivera was not answering his cell phone, they checked the locator of Rivera’s car and learned
that it was in Berwyn.
74. Around 8:00pm on June 7, 2018, Rivera’s family proceed to the Berwyn police
department and learned from the officers there that Rivera was in custody of the Cicero Police
Department.
75. Rivera’s family proceeded to the Cicero Police Department and asked to speak with
Rivera. The Officer at the front desk told Rivera’s family that he is under investigation and they
will not be able to see him until 4pm tomorrow. Rivera’s family left and went home.
76. Rivera was not removed from the freezing cell until approximately 1:35 am on
Friday, June 8, 2018, when he was taken to an interrogation room.
77. Two officers—one of them being Officer Ramirez—were laughing at Rivera when he
was removed from the cell.
78. In the interrogation room, Rivera was provided with a donut and coffee with little
cream.
79. A paper was then placed in front of Rivera to read and sign. On the paper were
written his Miranda Rights. They were never read to Rivera only given to him to sign.
80. Again, Rivera asked for an attorney and was denied.
81. Rivera asked what this was about and what was he there.
82. One of the officers responded that he was being charge for theft for having stolen
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something. The officers never told Rivera what it was that he was suspected of stealing.
83. One of the officers then told him there was a video of him stealing a package and
walking across the street to speak with a lady. Rivera asked to see the video but was instead
shown two still photographs of a house.
84. One of the officers proceed to tell Rivera that “if you’re not honest, we have to give
you 2 to 5 years for stealing a box.” Rivera told the officers that they don’t have any proof and
that they were lying.
85. The officers continued to press Rivera for a confession threatening him with felony
charges for not being a Cook County process server and stealing.
86. The officers then changed their investigative tactic and told Rivera that if he just signs
the paper with a confession he will get only a misdemeanor but if he doesn’t then Rivera will be
charged with a felony and have to serve 2-5 years in prison. They threatened to get a search
warrant for Rivera’s house and that if the missing box was not located they will argue that it was
already sold.
87. After continuous pressure by the police officers, their threats of elevating of the
charges and threats of returning him to the freezing cell, Rivera signed a confession under
duress.
88. The Officers proceed to pressure Rivera for him to provide them with an item.
89. The Officers intentionally manipulated Rivera to provide support for charges under
the guise that Rivera would be let go but instead they were fabricating evidence for charges.
90. The Officers handed Rivera his cell phone to call his wife and tell her that the officers
were coming over shortly.
91. The officers told Rivera that if his wife provided them with something/anything the
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charge would remain a misdemeanor but if they returned to the police department without an
item then the charge would be a felony.
92. Around 3:15am on June 8, 2018, Rivera called his wife and told her about the Cicero
Police coming there.
93. Because of Rivera’s “cooperation”, the Cicero police moved Rivera to a different cell
that was not as cold.
94. Rivera was in a cell by himself but could see a larger cell nearby with multiple people
in it.
95. Upon information and belief, the officers arrived at Rivera’s house in the early
morning hours waking the house up. There were two Cicero Police officers at the door. They did
not show a warrant nor their badges but had on bulletproof vests and blue shirts. The officers
gave Rivera’s wife a document written in English to sign. Rivera’s wife has limited English
proficiency and cannot read English. The officers did not verbalize what the document said.
They push their way into Rivera’s house into the living room asking questions about Rivera and
the family.
96. The officers looked around Rivera’s house and told Mrs. Rivera that they must return
with something.
97. Around 4:00am, Cicero police officers brought Rivera a cold hamburger. He did not
eat it.
98. Around 10:30am, Rivera asked an officer walking by his cell what the status was but
the only response was “under investigation”.
99. Around 12:45pm on June 8, 2018, Rivera was allowed out of the cell and to sit on a
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bench not handcuffed. An officer told him that he is lucky he is not getting a felony charge for
illegally attempting to serve when not a Cook County officer and only a misdemeanor. However,
they said they needed more information from Rivera. He was given a second sheet of paper with
Miranda Rights on it, again not read to him, to sign.
100. Shortly thereafter, an officer came by and told Rivera that he was given a bond
and that he can “Call his parents” to bail him out. Rivera once again had his fingerprints and
pictures taken. Rivera was allowed to call his parents but called a law firm instead, which upset
the officers and caused them to place him back in a holding cell.
101. That afternoon, Rivera was released on bond.
102. Upon release, Cicero Police Department retained Rivera’s process server
identification, his driver’s license, his badge, and his PERC card. When they provided Rivera
with his wallet, numerous credit cards and law firm business cards were missing.
103. Rivera was given the run around with his vehicle as well. When he was able to
retrieve it from a lot in Berwyn, several items were missing including the subpoenas and legal
papers he was attempting to serve, his cell phone charger, papers from his glove box, $40 in gas
money that he kept in the center console, and the brand new air compressor that was in his truck.
In addition, there were dents and scratches to the exterior of the vehicle that were not there
before.
COUNT I: 42 U.S.C. §1983 UNLAWFUL SEARCH AND SEIZURE-4TH AMENDMENT

AGAINST ALL DEFENDANTS
104. The Plaintiff re-alleges Paragraphs 1 through 103, inclusive, and incorporates
those Paragraphs herein, as though fully stated as this Paragraph.
105. The Individual Defendant Officers did not have a search warrant for Plaintiff, his
vehicle, or his home.
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106. The Individual Defendant Officers did not have probable cause to believe that
evidence of a crime was present at the time that they stopped Plaintiff’s vehicle.
107. The Individual Defendant Officers violated Plaintiff’s constitutional right to be
free from unlawful searches and seizures in violation of the 4th Amendment.
108. As a result of the Defendant Officers’ actions in the unlawful search and seizure,
Plaintiff suffered pain and injury, as well as emotional distress. These Defendant Officers had a
reasonable opportunity to prevent the harm had they been so inclined, but failed to do so.
WHEREFORE, Plaintiff respectfully requests:
A. General and compensatory damages;
B. Punitive damages as allowed by law;
C. An award of reasonable attorneys’ fees, costs, and litigation expenses; and
D. Such other relief as the Court may deem just or equitable.
COUNT II: 42 U.S.C. §1983 FALSE ARREST/FALSE IMPRISONMENT

110. Plaintiff was detained, restrained and arrested by the Defendants.
111. The Defendants acted without having reasonable grounds to believe that an
offense was committed by the Plaintiff.
112. As a result of the Defendant Officers’ actions in effectuating the false arrest and
imprisonment of the Plaintiff, Plaintiff suffered pain and injury, as well as emotional distress.
These Defendant Officers had a reasonable opportunity to prevent the harm had they been so
inclined, but failed to do so.
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COUNT III: 42 U.S.C. §1983 EXCESSIVE FORCE AGAINST ALL DEFENDANTS
114. The conduct of the Defendant Officers, acting under color of law, constituted
excessive force in violation of the United States Constitution.
115. The misconduct described in this Count was objectively unreasonable and was
undertaken intentionally with willful indifference to Plaintiff’s constitutional rights.
116. The misconduct described in this Count was undertaken with malice, willfulness,
and reckless indifference to the rights of others.
117. As a result of the Defendant Officers’ unjustified and excessive use of force, as
well as the Town of Cicero’s policies and practice, Plaintiff has suffered pain and injury, as well
as emotional distress.
118. The misconduct, described in this Count, was undertaken pursuant to the policy
and practice of the Cicero Police Department in that:
a. As a matter of both policy and practice, the Cicero Police Department 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
14
its officers, such that its failure to do so manifests deliberate indifference, and
by hiring unqualified individuals as police officers;
b. As a matter of both policy and practice, the Cicero Police Department
facilitates the very type of misconduct, thereby leading Cicero Police Officers
to believe their actions will never be scrutinized and, in that way, directly
encouraging future abuses such as those affecting Plaintiff;
c. Specifically, Cicero Police Officers accused of excessive force can be
confident that the Town will not investigate those accusations in earnest, and
will refuse to recommend discipline even where the Officer has engaged in
excessive force;
d. Generally, as a matter of widespread practice so prevalent as to comprise
municipal policy, officers of the Cicero Police Department abuse citizens in a
manner similar to that alleged by Plaintiff in this Count on a frequent basis,
yet the Cicero Police Department makes findings of wrongdoing in a
disproportionately small number of cases;
e. Municipal policy-makers are aware of, and condone and facilitate by their
inaction, a “code of silence” in the Cicero Police Department, by which
officers fail to report misconduct committed by other officers, such as the
misconduct at issue in this case; and
f. The Town of Cicero has failed to act to remedy the patterns of abuse
described in the preceding sub-paragraphs, despite actual knowledge of the
same, thereby causing the types of injuries alleged here.
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119. The misconduct described in this Count was undertaken by the Defendant
Officers within the scope of their employment and under color of law.
120. As a result of these Defendant Officers’ use of excessive force, Plaintiff suffered
pain and injury, as well as emotional distress. These Defendant Officers had a reasonable
opportunity to prevent the harm had they been so inclined, but failed to do so.
COUNT IV: 42 U.S.C. §1983 FAILURE TO INTERVENE

those paragraphs herein, as though fully stated as this Paragraph.
122. During the events described above, all of the Defendant Officers stood by
watched without intervening to prevent the violence to which Plaintiff was subjected in violation
of the United States Constitution. Some of the Defendant Officers failed to intervene to prevent
the mistreatment of Rivera and the improper stop which led to fictitious criminal charges. The
remaining Defendant Officers failed to intervene to prevent the mistreatment and fictitious
charges brought against William Rivera.
123. As a result of these Defendant Officers’ failure to intervene to prevent the
excessive use of force, Plaintiff suffered pain and injury, as well as emotional distress. These
Defendant Officers had a reasonable opportunity to prevent the harm had they been so inclined,
but failed to do so.
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124. The misconduct described in this Count was undertaken pursuant to the policy
and practice of the Cicero Police Department in the manner described in preceding paragraphs.
125. The misconduct described in this Count was undertaken by the Defendant
Officers within the scope of their employment and under color of law.
SUPPLEMENTAL STATE LAW CLAIMS
COUNT V: FALSE ARREST/FALSE IMPRISONMENT AGAINST ALL DEFENDANTS
126. Plaintiff, William Rivera, incorporates and re-alleges paragraphs 1 through 103, as
though set forth herein in their entirety.
127. Plaintiff was arrested and detained despite Defendants’ knowledge that there was
no lawful justification for doing so.
128. In the manner described herein, supra, Defendants unreasonably restrained
Plaintiff’s liberty by detaining him for several hours.
129. As a result of this misconduct, Plaintiff has suffered and continues to suffer
damages, including but not limited to emotional distress and anguish.
130. The misconduct set forth herein, supra, was undertaken intentionally, with malice
and reckless indifference to Plaintiff’s rights.
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COUNT VI: ILLINOIS STATE LAW INDEMNIFICATION—TOWN OF CICERO
those paragraphs herein, as though fully stated as this Paragraph.
132. At all relevant times, the Defendant Officers were acting under color of law and
under the course and scope of their employment.
133. At all relevant times, the Town of Cicero was the employer of the Defendant
Officers.
134. The Town of Cicero indemnifies its employees against actions arising from their
employment.
135. As a result of the Defendant Officers’ actions, Plaintiff suffered pain and injury,
as well as emotional distress. These Defendant Officers had a reasonable opportunity to prevent
the harm had they been so inclined, but failed to do so.
136. The Town of Cicero is responsible for the damages caused by its employees, the
officers of the Town of Cicero Police Department.
COUNT VII: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

137. Plaintiff, Willliam Rivera, incorporates and re-alleges paragraphs 1 through

18
103, as though set forth herein in their entirety.
138. Defendants’ conduct constituted extreme, outrageous, and reckless conduct
by improperly and falsely directing Plaintiff to be arrested, charged with theft and impersonating
an officer, detained and incarcerated.
139. Defendants’ conduct constituted extreme, outrageous, and reckless conduct by
improperly and falsely fabricating evidence to have Plaintiff arrested and criminally charged with
theft and impersonating an officer.
140. Defendants intended to inflict severe emotional distress or knew that there was a
high probability that their conduct would do so.
141. As a direct and proximate result of the foregoing conduct, Plaintiff was wrongfully
arrested and incarcerated, and Plaintiff was and is forced to endure humiliation, shame,
embarrassment, severe emotional distress, mental pain and anguish, and damage to his personal
and professional reputation.
A. Such other relief as the Court may deem just or equitable.
COUNT VIII: IN THE ALTERNATIVE TO COUNT VII, NEGLIGENT INFLICTION

OF EMOTIONAL DISTRESS AGAINST ALL DEFENDANTS
142. Plaintiff, William Rivera, incorporates and re-alleges paragraphs 1 through 103, as
though set forth herein in their entirety.
143. Defendants had a duty to Plaintiff to employ reasonable care to prevent their actions
from inflicting emotional distress upon Plaintiff.

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144. That Defendants breach their duty of care towards Plaintiff in that their conduct
constituted extreme, outrageous, and reckless conduct by improperly and falsely directing Plaintiff
to be arrested, charged with theft and impersonating an officer, detained and incarcerated.
145. Defendants’ conduct constituted extreme, outrageous, and reckless conduct by
improperly and falsely fabricating evidence to have Plaintiff arrested and criminally charged with
theft and impersonating an officer.
146. Defendants acted negligently in causing severe emotional distress to Plaintiff.
147. As a direct and proximate result of the foregoing conduct, Plaintiff was wrongfully
arrested and incarcerated, and Plaintiff was and is forced to endure humiliation, shame,
embarrassment, severe emotional distress, mental pain and anguish, and damage to his personal
and professional reputation.
Respectfully Submitted,
William Rivera
By: s/ Anthony J. Peraica
Anthony J. Peraica, ARDC #6186661

Anthony J. Peraica & Associates, Ltd.
5130 S. Archer Avenue
Chicago, Illinois 60632
(773) 735-1700
PeraicaLaw@aol.com; Support@peraica.com
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Case: 1:19-cv-03728 Document #: 1 Filed: 06/04/19 Page 1 of 20 PageID #:1

IN THE UNITED STATES DISTRICT COURT

Jurisdiction and Venue

4. The TOWN OF CICERO is a municipal corporation located in the State of Illinois in

this Judicial District.

the Individually named Defendants.

6. The Individually named Defendants are: OFFICER ARMANDO GALVIN, STAR

WOJTOWICZ; DEPUTY POLICE SUPERINTENDANT SCHULLO; and Unknown Town of

District. Venue is proper pursuant to 28 U.S.C. 1391(b).

firm to serve upon Larry Dominick and Ruth Ortega.

meetings, Rivera inquired as to where Dominick lived.

Dominick to locate his address.

Dominick resided there.

the mailbox, so Rivera left.

outside mailbox with a name on it.

one answered the door.

Court was Dominick’s house.

home, Rivera started to drive home.

towards Central Avenue.

Rivera, put their lights on and pulled him over.

and asked for his driver’s license.

him the envelope.

back to the squad car.

who he was trying to serve.

why he was serving Ruth Ortega.

49. Rivera responded that he has a subpoena for her.

serve the papers.

Now there are about six officers at Rivera’s traffic stop.

proceeded to pat Rivera down.

phone as he looks through the papers Officer Kane handed him.

asks what for to which the officer stated he has something.

him to the Town of Cicero police station.

the glove box and truck.

and mug shot.

attached to the wall. Another officer prepared the paperwork.

put it over his head.

Rivera that they can keep him there for 72 hours.

that it was in Berwyn.

Friday, June 8, 2018, when he was taken to an interrogation room.

was removed from the cell.

80. Again, Rivera asked for an attorney and was denied.

shown two still photographs of a house.

that they were lying.

were coming over shortly.

item then the charge would be a felony.

Police coming there.

that was not as cold.

the only response was “under investigation”.

Miranda Rights on it, again not read to him, to sign.

101. That afternoon, Rivera was released on bond.

COUNT I: 42 U.S.C. §1983 UNLAWFUL SEARCH AND SEIZURE-4TH AMENDMENT

those Paragraphs herein, as though fully stated as this Paragraph.

vehicle, or his home.

107. The Individual Defendant Officers violated Plaintiff’s constitutional right to be

WHEREFORE, Plaintiff respectfully requests:

A. General and compensatory damages;

B. Punitive damages as allowed by law;

C. An award of reasonable attorneys’ fees, costs, and litigation expenses; and

D. Such other relief as the Court may deem just or equitable.

COUNT II: 42 U.S.C. §1983 FALSE ARREST/FALSE IMPRISONMENT

those Paragraphs herein, as though fully stated as this Paragraph.

110. Plaintiff was detained, restrained and arrested by the Defendants.