ACLU Complaint and Summonses

4:20-cv-04007-SLD-JEH # 1 Page 1 of 13 E-FILED
Tuesday, 21 January, 2020 05:20:24 PM

Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF ILLINOIS
JAYLAN BUTLER, )
)
Plaintiff, )
)
v. ) Case No.
)
TRAVIS STAES, East Moline Police )
Officer, in his individual capacity; )
ETHAN BUSH, Hampton Police Officer, )
in his individual capacity; JACK )
ASQUINI, Rock Island County Sheriff’s )
Deputy, in his individual capacity; )
DEPUTY PENA (first name unknown), )
Rock Island County Sheriff’s Deputy, in )
his individual capacity; and JOHN DOES )
1 and 2, unknown law enforcement )
officers, in their individual capacities, )
)
Defendants. )
COMPLAINT AND DEMAND FOR JURY TRIAL
1. Plaintiff Jaylan Butler has always known that he could be targeted by police
officers because he is Black. Mr. Butler’s father taught him at a young age how to maximize his
chances of surviving an encounter with law enforcement—stop instantly, put your hands up,
drop anything you are holding, and drop to your knees. Mr. Butler hoped he would never have to
use his father’s advice. His hope was shattered on February 24, 2019 when, within minutes, Mr.
Butler went from riding on a bus with his college swim team returning from a conference
championship swim meet, to being forcefully held on the ground by police officers with a
handgun pressed into his forehead while a police officer threatened to “blow [his] fucking head
off” if he moved. Even once the police officers realized that this was a case of mistaken identity
and that Mr. Butler had committed no crime, they continued with his detention and arrest.
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JURISDICTION AND VENUE
2. This civil action arises under 42 U.S.C. § 1983. The Court has subject matter
jurisdiction over Plaintiff’s federal claims pursuant to 28 U.S.C. §§ 1331 and 1343. The Court
has supplemental jurisdiction over Plaintiff’s state law claims pursuant to 28 U.S.C. § 1367.
3. Venue is proper under 28 U.S.C. § 1391 because all of the conduct complained of
occurred within this District.
PARTIES
4. Plaintiff Jaylan Butler is a student at Eastern Illinois University in Charleston,
Illinois.
5. Defendant Travis Staes was at all relevant times a police officer acting under
color of state law for the City of East Moline, Illinois. Defendant Staes is sued in his individual
capacity.
6. Defendant Ethan Bush was at all relevant times a police officer acting under color
of state law for the City of Hampton, Illinois. Defendant Bush is sued in his individual capacity.
7. Defendant Jack Asquini was at all relevant times a Sheriff’s deputy acting under
color of state law for the County of Rock Island, Illinois. Defendant Asquini is sued in his
individual capacity.
8. Defendant Deputy Pena (first name unknown) was at all relevant times a Sheriff’s
deputy acting under color of state law for the County of Rock Island, Illinois. Defendant Pena is
sued in his individual capacity.
9. Defendants JOHN DOE 1 and 2 are unknown police officers who acted under
color of state law. Defendants DOE 1 and 2 are sued in their individual capacities.
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FACTS
10. Mr. Butler attends Eastern Illinois University in Charleston, Illinois, and is a
member of the school’s swim team.
11. In February 2019, the Eastern Illinois University swim team competed in the
Summit League Swimming and Diving Championships in Sioux Falls, South Dakota.
12. On February 24, 2019, the Eastern Illinois University swim team was traveling by
charter bus from South Dakota back to Charleston, Illinois. After several hard days of
swimming, Mr. Butler was looking forward to relaxing and socializing with his teammates on the
long bus ride home.
13. Shortly after 8:00 p.m., the bus pulled over on a frontage road off of Interstate 80
near a rest stop in East Moline, Illinois. Mr. Butler and several students stepped off the bus to
stretch their legs. One of Mr. Butler’s coaches suggested he take a photo of a road sign that said
“Buckle Up. It’s the Law” to post on the team’s social media account. Mr. Butler took a photo of
himself smiling in front of the sign, and then began walking back toward the bus.
14. After only a few steps, several law enforcement vehicles with flashing lights
suddenly pulled up in front of him.
15. Defendants Staes and Bush were in one of those vehicles. On information and
belief, Defendants Asquini, Pena, Doe 1, and Doe 2 were in separate vehicles.
16. When Mr. Butler saw the law enforcement vehicles pull up, he was surprised and
confused, but knew what to do. He instantly stopped, put his hands up, dropped the cell phone
that was in his hand, and dropped to his knees.
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17. Mr. Butler had not committed or attempted to commit any crime. The officers did
not observe Mr. Butler committing any crime, attempting to commit any crime, or behaving
suspiciously.
18. Defendants exited the vehicles with their firearms pointed at Mr. Butler. At least
one Defendant was carrying what appeared to be a rifle.
19. Defendants shouted at Mr. Butler: “Get down!” and “Don’t fucking move! Stay
right there!”
20. Mr. Butler kept his hands up and complied with Defendants’ orders.
21. Defendants forced Mr. Butler to lie face down on the snowy ground.
22. On information and belief, Defendants Staes, Asquini, Pena, and additional
Defendants held Mr. Butler down while Defendant Bush handcuffed his arms behind his back.
23. At least one Defendant had his knee pressed into Mr. Butler’s back, and at least
one Defendant was pressing down on Mr. Butler’s neck.
24. Another Defendant was squatting down in front of Mr. Butler. He put his handgun
against Mr. Butler’s forehead and said, “If you keep moving, I’m going to blow your fucking
head off.”
25. Mr. Butler was unarmed and did not exhibit any behavior to suggest he was
carrying a weapon.
26. Mr. Butler did not resist Defendants and complied with all of Defendants’ orders.
27. Mr. Butler never threatened Defendants or anyone else, or made any threatening
movements.
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28. The charter bus driver asked Defendants what they were doing with his passenger.
Mr. Butler’s swim coach explained to the officers that Mr. Butler was part of the Eastern Illinois
University swim team.
29. Mr. Butler also tried to explain to Defendants that he was part of the Eastern
Illinois University swim team and the charter bus was the swim team’s bus.
30. Defendants quickly realized that Mr. Butler was not the suspect for whom they
were searching. Defendant Staes informed the local dispatcher that it was a false alarm.
31. After several minutes of forcing Mr. Butler to lie face down on the ground while
handcuffed, Defendants allowed Mr. Butler to sit up. They did not, however, remove his
handcuffs or inform him that he was free to go, even though they had already recognized that
Mr. Butler was not the suspect for whom they were searching.
32. Defendants told Mr. Butler he was being arrested for resisting arrest.
33. Defendants had no justification for continuing to detain Mr. Butler.
34. After several more minutes of sitting on the ground handcuffed, Defendants
picked up Mr. Butler and forced him over to a squad car. Defendants patted him down, searched
inside of his coat pockets, and placed him in the back of a squad car.
35. Defendants left Mr. Butler in the squad car for several minutes.
36. Thereafter, Defendants finally removed Mr. Butler’s handcuffs and asked him to
retrieve his identification card from the bus. Mr. Butler complied and was released from police
custody.
37. Defendants never told Mr. Butler why they detained and arrested him, particularly
after recognizing that he was not the suspect for whom they were searching.
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38. Mr. Butler informed at least two Defendants that he wanted to make a complaint.
The first Defendant ignored him. The second Defendant said, “There’s nothing I can do.”
Neither Defendant gave Mr. Butler any of the Defendants’ names, badge numbers, law
enforcement agency affiliations, or any other information to enable him to file a complaint.
39. Defendants did not document the stop and search as required under the Illinois
Traffic and Pedestrian Stop Statistical Study Act, 625 ILCS 5/11-212.
40. Defendants did not give Mr. Butler a receipt for the stop and search as required
under 725 ILCS 5/107-14.
41. Mr. Butler was traumatized by this incident. Since the event, he has felt angry,
scared, and depressed. He has had trouble concentrating at school and participating in activities.
42. In class the next day, Mr. Butler found himself staring down at the bruises around
his wrists, replaying the previous night’s events in his head until finally he realized his class had
ended and he was the only person still sitting there.
43. Over the next several months, Mr. Butler tried to keep a positive outlook and not
think about this frightening incident, but his emotions still surfaced. He became acutely aware of
the presence of police officers, and seemingly innocuous events would trigger feelings of fear
and anxiety. One day, upon seeing multiple officers responding to a car accident, he began to
tear up as he relived his experience with Defendants.
44. Mr. Butler began seeing a therapist to address the trauma and depression caused
by Defendants’ conduct.
45. Defendants’ unlawful conduct directly and proximately caused Mr. Butler’s
emotional distress.
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46. Each of the Defendants personally participated in the unlawful conduct described
herein, or failed to intervene or stop the other Defendants from engaging in the unlawful
conduct.
COUNT I: Fourth Amendment, 42 U.S.C. § 1983

Unlawful Search and Seizure
47. The allegations of paragraphs 1 through 46 are realleged and incorporated by
reference as if fully set forth herein.
48. Defendants seized Mr. Butler when they ordered him to get on the ground. This
seizure did not end until Mr. Butler’s handcuffs were removed and he was free to leave the
scene.
49. Defendants did not have a reasonable suspicion that Mr. Butler had committed,
was committing, or was about to commit a crime at any point during their seizure of Mr. Butler.
50. Mr. Butler did not match the description of the suspect for whom Defendants
were searching.
51. Defendants intentionally and unlawfully patted down and searched Mr. Butler
without reasonable suspicion, probable cause, consent, or any other lawful justification.
52. Defendants did not have a reasonable suspicion to believe that Mr. Butler was
concealing a weapon or otherwise posed any danger to the officers or others at the time they
patted him down and searched his pockets.
53. Defendants acted under color of law when they searched and seized Mr. Butler.
54. The actions of Defendants described herein violated the rights of Mr. Butler to be
free from unlawful searches and seizures as guaranteed by the Fourth Amendment of the United
States Constitution.
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COUNT II: Fourth Amendment, 42 U.S.C. § 1983

False Arrest
56. Defendants arrested Mr. Butler without probable cause.
57. Defendants acted under color of law when they arrested Mr. Butler without
probable cause.
58. The actions of Defendants described herein violated the rights of Mr. Butler to
free from unlawful seizures as guaranteed by the Fourth Amendment of the United States
Constitution.
COUNT III: Fourth Amendment, 42 U.S.C. § 1983

Excessive Detention
60. Defendants arrested Mr. Butler without an arrest warrant.
61. Defendants unreasonably delayed releasing Mr. Butler from custody.
62. Defendants acted under color of law when they unreasonably delayed releasing
Mr. Butler.
free from unreasonable seizures guaranteed by the Fourth Amendment of the United States
Constitution.
COUNT IV: Fourth Amendment, 42 U.S.C. § 1983

Excessive Force
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65. Defendants intentionally used force against Mr. Butler.
66. The force Defendants used was unreasonable in light of the facts and
circumstances.
67. Defendants acted under color of law when they used unreasonable force against
Mr. Butler.
free from unreasonable seizures guaranteed by the Fourth Amendment of the United States
Constitution.
COUNT V: Fourth Amendment, 42 U.S.C. § 1983

Failure of Bystander Officers to Intervene in Unconstitutional Conduct
70. As alleged in Counts I-IV, Defendants violated Mr. Butler’s constitutional rights.
71. The bystander Defendants who were present but did not participate in the
violations of Mr. Butler’s constitutional rights knew that the other Defendants were about to
violate Mr. Butler’s constitutional rights.
72. The bystander Defendants had a realistic opportunity to do something to prevent
harm from occurring to Mr. Butler.
73. The bystander Defendants failed to take reasonable steps to prevent harm from
occurring to Mr. Butler.
74. The bystander Defendants’ failure to act caused Mr. Butler to suffer harm.
COUNT VI: Article I, Section 6 of the Illinois Constitution
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76. Defendants unreasonably and unlawfully arrested, detained, searched and used
force against Mr. Butler.
77. The actions of the Defendants described herein violated the rights of Mr. Butler to
be free from unreasonable searches, seizures, and invasions of privacy as guaranteed by Article I,
Section 6 of the Illinois Constitution.
COUNT VII: State Tort of False Imprisonment
79. Defendants unreasonably and/or unlawfully restrained Mr. Butler’s personal
liberty against his will.
80. Defendants intended to restrain Mr. Butler.
81. Based upon the foregoing, Defendants are liable for the Illinois common law tort
of false imprisonment.
COUNT VIII: State Tort of False Arrest
83. Defendants restrained and/or arrested Mr. Butler.
84. Defendants did not have reasonable grounds to believe that Mr. Butler had
committed an offense.
of false arrest.
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COUNT IX: State Tort of Intrusion on Seclusion
87. Defendants intentionally invaded Mr. Butler’s seclusion when they forcibly
stopped, arrested, searched, and detained him without reasonable suspicion, probable cause,
consent, or other lawful justification.
88. Defendants’ actions would be highly offensive to any reasonable person.
89. Defendants’ actions were undertaken intentionally, with malice and reckless
indifference to Plaintiff’s rights.
90. The matter intruded upon was private.
91. As a result of these intrusions, Mr. Butler has suffered mental anguish.
of intrusion upon seclusion.
COUNT X: State Tort of Assault
94. A currently unidentified Defendant screamed, “If you keep moving, I’m going to
blow your fucking head off,” while pointing his gun to Mr. Butler’s head.
95. This threat caused Mr. Butler to reasonably apprehend an imminent battery.
96. Defendant’s actions were intentional.
97. Based upon the foregoing, Defendant is liable for the Illinois common law tort of
assault.
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COUNT XI: State Tort of Battery
99. Defendants intentionally touched Mr. Butler’s body when they forcefully pinned
him to the ground.
100. Defendants’ touching was harmful and/or offensive.
of battery.
COUNT XII: State Tort of Intentional Infliction of Emotional Distress
103. Defendants’ conduct described herein was extreme and outrageous.
104. Defendants intended to cause Mr. Butler emotional distress and/or recklessly
disregarded the probability of causing Mr. Butler emotional distress.
105. Mr. Butler suffered severe and/or extreme emotional distress.
106. Mr. Butler’s emotional distress was proximately caused by Defendants’
outrageous conduct.
of intentional infliction of emotional distress.
PRAYER FOR RELIEF
WHEREFORE, Mr. Butler respectfully requests the following relief:
A. A declaratory judgment that Defendants violated Mr. Butler’s right to be free
from unreasonable searches, seizures, and invasions of privacy guaranteed by the Fourth
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Amendment of the United States Constitution and Article I, Sections 6 of the Illinois
Constitution.
B. Compensatory damages, in an amount to be ascertained at trial.
C. Punitive damages, in an amount to be ascertained at trial, for Defendants’
intentional and/or willful and wanton conduct described herein.
D. Attorneys’ fees, costs, and expenses, pursuant to 42 U.S.C. § 1988 and the Illinois
Civil Rights Act of 2003, 740 ILCS 23/1 et seq.
E. Such other and further relief as this Court may deem just and proper.
DATED: January 21, 2020 Respectfully submitted:
s/ Karen A. Sheley
Lead Counsel for Plaintiff
Leslie Kuhn-Thayer Karen Sheley

Sidley Austin LLP Rachel Murphy
One South Dearborn Street Rick Mula
Chicago, Illinois 60603 Roger Baldwin Foundation of ACLU, Inc.
Telephone: (312) 853-7000 150 N. Michigan Ave., Ste. 600
Facsimile: (312) 853-7036 Chicago, Illinois 60601
Telephone: (312) 201-9740
Facsimile: (312) 288-5225
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4:20-cv-04007-SLD-JEH # 1-2 Page 1 of 1 E-FILED
IN THE UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF ILLINOIS
JAYLAN BUTLER, )
)
Plaintiff, )
)
v. ) Case No.
)
TRAVIS STAES, East Moline Police )
Officer, in his individual capacity; )
ETHAN BUSH, Hampton Police Officer, )
in his individual capacity; JACK )
ASQUINI, Rock Island County Sheriff’s )
Deputy, in his individual capacity; )
DEPUTY PENA (first name unknown), )
Rock Island County Sheriff’s Deputy, in )
his individual capacity; and JOHN DOES )
1 and 2, unknown law enforcement )
officers, in their individual capacities, )
)
Defendants. )
CERTIFICATE OF INTEREST
The undersigned, counsel of record for Jaylan Butler, Plaintiff, furnishes the following in
compliance with Rule 11.3 of this Court.
1. Jaylan Butler.
2. N/A
3. Roger Baldwin Foundation of ACLU, Inc., 150 N. Michigan Ave., Ste. 600,
Chicago, IL 60601, T: 312-201-9740; Sidley Austin LLP, One South Dearborn St., Chicago, IL
60603, T: 312-853-7000.
DATED: January 21, 2020 s/ Karen A. Sheley

Lead Counsel for Plaintiff
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
CentralDistrict
__________ Districtof
of__________
Illinois
)
)
)
Jaylan Butler )
Plaintiff(s) )
)
v. Civil Action No.
TRAVIS STAES, East Moline Police Officer, in his individual capacity; )
ETHAN BUSH, Hampton Police Officer, in his individual capacity; JACK )
ASQUINI, Rock Island County Sheriff’s Deputy, in his individual capacity; )
DEPUTY PENA (first name unknown), Rock Island County Sheriff’s
Deputy, in his individual capacity; and JOHN DOES 1 and 2, unknown law )
enforcement officers, in their individual capacities )
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)

Travis Staes
East Moline Police Department
915 16th Ave.
East Moline, IL 61244
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Karen A. Sheley
Roger Baldwin Foundation of ACLU, Inc.
150 N. Michigan Ave., Ste. 600
Chicago, IL 60601
ksheley@aclu-il.org
T: 312-201-9740
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date: January 21, 2020

Signature of Clerk or Deputy Clerk
4:20-cv-04007-SLD-JEH # 1-3 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
Print Save As... Reset

for the
CentralDistrict
of__________
Illinois
)
)
)
Jaylan Butler )
Plaintiff(s) )
)
v. Civil Action No.
Defendant(s) )

Ethan Bush
Hampton Police Department
901 4th Street
Hampton, IL 61256
Karen A. Sheley
Chicago, IL 60601
ksheley@aclu-il.org
T: 312-201-9740
CLERK OF COURT

4:20-cv-04007-SLD-JEH # 1-4 Page 2 of 2
Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address

for the
CentralDistrict
of__________
Illinois
)
)
)
Jaylan Butler )
Plaintiff(s) )
)
v. Civil Action No.
Defendant(s) )

Jack Asquini
Rock Island Sheriff's Department
1317 Third Avenue
Rock Island, IL 61201
Karen A. Sheley
Chicago, IL 60601
ksheley@aclu-il.org
T: 312-201-9740
CLERK OF COURT

4:20-cv-04007-SLD-JEH # 1-5 Page 2 of 2
Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address

for the
CentralDistrict
of__________
Illinois
)
)
)
Jaylan Butler )
Plaintiff(s) )
)
v. Civil Action No.
Defendant(s) )

Deputy Pena (first name unknown)
Rock Island Sheriff's Department
1317 Third Avenue
Rock Island, IL 61201
Karen A. Sheley
Chicago, IL 60601
ksheley@aclu-il.org
T: 312-201-9740
CLERK OF COURT

4:20-cv-04007-SLD-JEH # 1-6 Page 2 of 2
Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address

ACLU Complaint and Summonses

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4:20-cv-04007-SLD-JEH # 1 Page 1 of 13 E-FILED

Tuesday, 21 January, 2020 05:20:24 PM

IN THE UNITED STATES DISTRICT COURT

COMPLAINT AND DEMAND FOR JURY TRIAL

JURISDICTION AND VENUE

occurred within this District.

4. Plaintiff Jaylan Butler is a student at Eastern Illinois University in Charleston,

sued in his individual capacity.

member of the school’s swim team.

long bus ride home.

suddenly pulled up in front of him.

that was in his hand, and dropped to his knees.

one Defendant was carrying what appeared to be a rifle.

one Defendant was pressing down on Mr. Butler’s neck.

University swim team.

33. Defendants had no justification for continuing to detain Mr. Butler.

under 725 ILCS 5/107-14.

ended and he was the only person still sitting there.

tear up as he relived his experience with Defendants.

COUNT I: Fourth Amendment, 42 U.S.C. § 1983

47. The allegations of paragraphs 1 through 46 are realleged and incorporated by

reference as if fully set forth herein.

patted him down and searched his pockets.

COUNT II: Fourth Amendment, 42 U.S.C. § 1983

55. The allegations of paragraphs 1 through 54 are realleged and incorporated by

reference as if fully set forth herein.

56. Defendants arrested Mr. Butler without probable cause.

COUNT III: Fourth Amendment, 42 U.S.C. § 1983

59. The allegations of paragraphs 1 through 58 are realleged and incorporated by

reference as if fully set forth herein.

60. Defendants arrested Mr. Butler without an arrest warrant.

61. Defendants unreasonably delayed releasing Mr. Butler from custody.

COUNT IV: Fourth Amendment, 42 U.S.C. § 1983

64. The allegations of paragraphs 1 through 63 are realleged and incorporated by

reference as if fully set forth herein.

65. Defendants intentionally used force against Mr. Butler.

COUNT V: Fourth Amendment, 42 U.S.C. § 1983

69. The allegations of paragraphs 1 through 68 are realleged and incorporated by

reference as if fully set forth herein.

violate Mr. Butler’s constitutional rights.

72. The bystander Defendants had a realistic opportunity to do something to prevent

harm from occurring to Mr. Butler.

occurring to Mr. Butler.

COUNT VI: Article I, Section 6 of the Illinois Constitution

75. The allegations of paragraphs 1 through 74 are realleged and incorporated by

reference as if fully set forth herein.

force against Mr. Butler.

Section 6 of the Illinois Constitution.

COUNT VII: State Tort of False Imprisonment

78. The allegations of paragraphs 1 through 77 are realleged and incorporated by

reference as if fully set forth herein.

79. Defendants unreasonably and/or unlawfully restrained Mr. Butler’s personal

liberty against his will.

80. Defendants intended to restrain Mr. Butler.

COUNT VIII: State Tort of False Arrest

82. The allegations of paragraphs 1 through 81 are realleged and incorporated by

reference as if fully set forth herein.

83. Defendants restrained and/or arrested Mr. Butler.

COUNT IX: State Tort of Intrusion on Seclusion

86. The allegations of paragraphs 1 through 85 are realleged and incorporated by

reference as if fully set forth herein.

consent, or other lawful justification.

88. Defendants’ actions would be highly offensive to any reasonable person.

32!$"-" 32(2"&2421102