IN THE UNITED STATES DISTRICT COURT FOR THE IN THE UNITED STATES DISTRICT COURT FOR THE 

NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION 

MARCOS TRAYLOR ) 

 ) 

 Plaintiff, ) 

 ) 

 v. ) No. 12 cv 1748 

 ) 

THE CITY OF CHICAGO, JAMES D. ) Judge Edmond Chang 

FRANKLIN, and DAVID A. BROWN, ) 

 ) Magistrate Judge Denlow 

 Defendants ) 

FOURTHAMENDED AMENDED AMENDED COMPLAINT COMPLAINT COMPLAINT AT LAW 

 NOW COMES the Plaintiff, MARCOS TRAYLOR, by and through his 

attorneys, STOTIS & BAIRD CHARTERED, and hereby complains of the 

Defendants, THE CITY OF CHICAGO, JAMES D. FRANKLIN, and DAVID A. 

BROWN as follows: 

JURISDICTION AND VENUE JURISDICTION AND VENUE 

 1. This Court has jurisdiction of this action pursuant to 28 USC §§1331 

(Count I) and 1367 (Count II). 

 2. Venue is proper under 28 USC §1391(b); all parties are residents of 

this judicial district, and the events giving rise to the claims asserted herein 

occurred in this judicial district. 

PARTIES PARTIES 

3. Plaintiff, MARCOS TRAYLOR, is a United States citizen and a 

resident of Cook County, Illinois. 

Case: 1:12-cv-01748 Document #: 43 Filed: 07/10/12 Page 1 of 4 PageID #:694
4. Defendant, CITY OF CHICAGO, is a municipality within Cook 

County, Illinois, which maintains a department of police that employs the 

individual police officer defendants in this action, JAMES D. FRANKLIN and 

DAVID A. BROWN. 

5. Defendants, JAMES D. FRANKLIN and DAVID A. BROWN, are 

Citizens of the United States, residents of Cook County and employees of the 

Chicago department of police. 

COUNT I COUNT I 

 

(Violation of 42 U.S.C.A. § 1983 v. Individual Officers) 

 

1. That for some time prior to September 11, 2009, the Defendants, 

JAMES D. FRANKLIN and DAVID A. BROWN (collectively the “Officer 

Defendants”) were at all relevant times acting under the color of state law. 

 2. That on September 10, 2009, the Plaintiff, MARCOS TRAYLOR, was 

lawfully at or near 73rd and Jeffrey in the City of Chicago, Cook County, Illinois. 

 3. That on September 10, 2009, the Officer Defendants stopped the 

Plaintiff, MARCUS TRAYLOR, at or near 73rd and Jeffrey in the City of Chicago, 

Cook County, Illinois. 

 4. That the Officer Defendants deprived the Plaintiff, MARCOS 

TRAYLOR, of the rights guaranteed to him by the Constitution and laws of the 

United States, in one or more of the following ways: 

a. Took the Plaintiff in to custody, when they had no reason 

to believe that he had committed any offense; 

b. Struck the Plaintiff in the face and body, knocked him to 

the ground, and caused him physical harm. 

Case: 1:12-cv-01748 Document #: 43 Filed: 07/10/12 Page 2 of 4 PageID #:694
 5. That the aforementioned deprivations of rights of the Plaintiff, 

MARCOS TRAYLOR, were committed callously and with reckless indifference by 

the Officer Defendants while acting under the color of state law. 

6. That as a direct and proximate result of one or more of the foregoing 

violations of his statutory and constitutional rights, the Plaintiff sustained personal 

and pecuniary injury and was deprived of his liberty, all to his damage. 

7. That the identity of the Officer Defendants was first discovered by the 

Plaintiff on February 7, 2012. 

 WHEREFORE, the Plaintiff, MARCOS TRAYLOR, demands judgment 

against the Officer Defendants, JAMES D. FRANKLIN and DAVID A. BROWN, for 

compensatory damages, attorneys’ fees and punitive damages, together with the costs 

of this suit. 

COUNT II COUNT II 

 

(Willful and Wanton Conduct v. City of Chicago (Willful and Wanton Conduct v. City of Chicago Willful and Wanton Conduct v. City of Chicago and its agents) and its agents) ts agents) 

 

 1. That for some time prior to September 10, 2009, the Defendant, CITY 

OF CHICAGO operated and maintained a department of police. 

 2. That on or about September 10, 2009, the Defendant, CITY OF 

CHICAGO, employed JAMES D. FRANKLIN and DAVID A. BROWN as police 

officers, who were at all relevant times acting within the scope of their employment. 

 3. That on September 10, 2009, the Plaintiff, MARCOS TRAYLOR, was 

lawfully at or near 73rd and Jeffrey in the City of Chicago, Cook County, Illinois. 

Case: 1:12-cv-01748 Document #: 43 Filed: 07/10/12 Page 3 of 4 PageID #:694
 4. That at all times material hereto, it was the duty of the Defendant, 

CITY OF CHICAGO, individually and through its agents, JAMES D. FRANKLIN 

and DAVID A. BROWN, to refrain from willful and wanton conduct with respect to 

the Plaintiff. 

 5. That notwithstanding said duty, the Defendant, CITY OF CHICAGO, 

committed one or more of the following willful and wanton acts: 

a. Took the Plaintiff in to custody, when they had no reason 

to believe that he had committed any offense; 

b. Struck the Plaintiff in the face and body, knocked him to 

the ground, and caused him physical harm. 

 6. That as a direct and proximate result of one or more of the foregoing 

willful and wanton acts, the Plaintiff sustained personal injury, was caused to incur 

medical bills, to experience pain and suffering, was caused disability and 

disfigurement, and was deprived of his liberty, all to his damage. 

 WHEREFORE, the Plaintiff, MARCOS TRAYLOR, demands judgment 

against the Defendant, THE CITY OF CHICAGO, for pecuniary, compensatory 

damages, the costs and fees associated with this suit. 

 STOTIS & BAIRD CHARTERED STOTIS & BAIRD CHARTERED STOTIS & BAIRD CHARTERED 

 By: /s/Brion Doherty 

 Brion Doherty 

STOTIS & BAIRD CHARTERED STOTIS & BAIRD CHARTERED 

Attorneys for Plaintiff Attorneys for Plaintiff 

200 West Jackson Boulevard, #1050 200 West Jackson Boulevard, #1050 

Chicago, Illinois 60606- Chicago, Illinois 60606-6941 

312/461- 312/461-1000 

bdoherty@stotis-baird.com 

Case: 1:12-cv-01748 Document #: 43 Filed: 07/10/12 Page 4 of 4 PageID #:694