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IN THE UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

JAMIL C. GRAYER, ) 

 ) 

Plaintiff, ) 

 ) 

v. ) No.: 

 ) 

CHICAGO POLICE OFFICER JORGE ) JURY DEMAND 

CERDA, STAR NO. 10607; CHICAGO POLICE ) 

OFFICER RYAN DELANEY, STAR NO. 4024; ) 

CHICAGO POLICE OFFICER SERGIO ) 

CORONA, STAR NO. 3331; CHICAGO ) 

POLICE OFFICER M. KUSHINER, STAR ) 

NO. 15895, CHICAGO POLICE OFFICER W. ) 

JOHNSON, STAR NO. 17442; CHICAGO ) 

POLICE OFFICER JAVIER ZAMBRANO, ) 

STAR NO. 5475, individually and as employees/ ) 

Agents of the CITY OF CHICAGO, a municipal ) 

Corporation and THE CITY OF CHICAGO, ) 

 ) 

Defendants. ) 

COMPLAINT AT LAW

 NOW COMES, JAMIL C. GRAYER, by and through his attorney, JEFFREY J. 

NESLUND, LAW OFFICES OF JEFFREY J. NESLUND, and in complaining of the 

Defendants, CITY OF CHICAGO and CHICAGO POLICE OFFICER JORGE CERDA, STAR 

NO. 10607; CHICAGO POLICE OFFICER RYAN DELANEY, STAR NO. 4024; CHICAGO 

POLICE OFFICER SERGIO CORONA, STAR NO. 3331; CHICAGO POLICE OFFICER M. 

KUSHINER, STAR NO. 15895, CHICAGO POLICE OFFICER W. JOHNSON, STAR NO. 

17442; CHICAGO POLICE OFFICER JAVIER ZAMBRANO, STAR NO. 5475, states as 

follows: 

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INTRODUCTION

1. This is an action for civil damages brought pursuant to 42 U.S.C. Sec. 1983 for 

the deprivation of plaintiff’s constitutional rights. This Court has jurisdiction pursuant to 28 

U.S.C. Sec. 1331 and 1343. 

2. Venue in this district is proper pursuant to 28 U.S.C sec. 1391 (b), because the 

facts which give rise to the claims asserted herein occurred in the Northern District of Illinois. 

3. Plaintiff, JAMIL C. GRAYER, is an individual who at all times relevant hereto 

was living in the Northern District of Illinois. 

4. Defendants, CHICAGO POLICE OFFICER JORGE CERDA, STAR NO. 10607; 

CHICAGO POLICE OFFICER RYAN DELANEY, STAR NO. 4024; CHICAGO POLICE 

OFFICER SERGIO CORONA, STAR NO. 3331; CHICAGO POLICE OFFICER M. 

KUSHINER, STAR NO. 15895, CHICAGO POLICE OFFICER W. JOHNSON, STAR NO. 

17442; CHICAGO POLICE OFFICER JAVIER ZAMBRANO, STAR NO. 5475, were at all 

times material hereto, duly appointed Chicago Police Officers employed by the City of Chicago 

acting in the capacity of sworn law enforcement officials. 

FACTUAL SUMMARY

 5. On April 11, 2011, Plaintiff, GRAYER, was driving a vehicle in the vicinity of 

4459 W. Palmer Street when he was pulled over by DEFENDANT OFFICERS DELANEY, 

CERDA and CORONA. 

 6. After the Plaintiff pulled over, DEFENDANT OFFICERS DELANEY, CERDA 

and CORONA violently pulled the Plaintiff out of the driver’s side window of his vehicle. 

 7. Once the Plaintiff was removed from his vehicle, DEFENDANTS DELANEY, 

CORONA and CERDA beat and tasered the Plaintiff. 

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 8. DEFENDANT OFFICERS DELANEY, CERDA and CORONA detained, seized 

and arrested the Plaintiff, despite the fact the Defendants did not observe the Plaintiff commit 

any crimes and the Plaintiff was not in violation of any laws. 

 9. DEFENDANT OFFICERS KUSHINER, JOHNSON and ZAMBRANO arrived 

on the scene and assisted DEFENDANT OFFICERS DELANEY, CERDA and CORONA 

handcuff and illegally strip search the Plaintiff by pulling down his pants down while he was on 

the ground. 

 10. Once Plaintiff was handcuffed and his pants were pulled down, DEFENDANT 

CERDA tasered Plaintiff in his buttocks, while laughing and joking with the other 

DEFENDANT OFFICERS. 

 11. On information and belief, DEFENDANT CERDA pushed down on the taser barb 

in Plaintiff’s buttocks with his boot while the Plaintiff was handcuffed on the ground. 

 12. Plaintiff was transported from the scene via ambulance to Norwegian Hospital in 

order to remove the taser barb that Defendant CERDA shot and pushed down into the Plaintiff’s 

buttock. 

 13. In an effort to conceal the misconduct described above, DEFENDANTS 

DELANEY, CORONA and CERDA wrote false police reports and charged Plaintiff with false 

criminal acts. 

 14. On or about January 4, 2012, the Plaintiff was found not guilty of all the felony 

offenses initiated by the DEFENDANT OFFICRS. 

COUNT I

 (BATTERY) 

15. Plaintiff re-alleges and incorporates paragraphs 1-14 above as fully stated herein. 

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 16. DEFENDANT OFFICERS CERDA, DELANEY and CORONA caused physical 

injuries to the Plaintiff without any provocation or lawful justification and thereby committed a 

battery on the Plaintiff. 

17. The unlawful conduct of the DEFENDANT OFFICERS was willful and wanton 

and proximately caused great bodily harm and psychological injuries to the Plaintiff. 

COUNT II

(EXCESSIVE FORCE) 

 18. The acts of the DEFENDANT OFFICERS CERDA, DELANEY and CORONA 

on April 11, 2011, were a deliberate and malicious deprivation of the Plaintiff’s constitutional 

rights against excessive force as guaranteed to the plaintiff by the Fourth Amendment of the 

Constitution and made applicable to the states by the Fourteenth Amendment. 

 19. As a result of the unreasonable and unjustifiable excessive force used by the 

DEFENDANT OFFICERS CERDA, DELANEY and CORONA and failure to intervene by 

DEFENDANTS KUSHINER, JOHNSON and ZAMBRANO, the Plaintiff suffered physical and 

emotional injuries and other damages in violation of 42 U.S.C. 1983. 

COUNT III

(42 U.S.C. § 1983: FALSE ARREST/UNLAWFUL DETENTION)

 20. Plaintiff re-alleges and incorporates paragraphs 1-14 as fully stated herein. 

 21. As described above, DEFENDANT OFFICERS falsely arrested and unlawfully 

detained Plaintiff without justification and without probable cause. 

 22. The misconduct described in this Count was undertaken with malice, willfulness, 

 and reckless indifference to the rights of others, and specifically, the rights of the Plaintiff. 

 23. As a result of the above-described wrongful infringement of Plaintiff’s rights, 

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Plaintiff suffered damages, including but not limited to mental distress and anguish. 

COUNT IV

(MALICIOUS PROSECUTION) 

 24. Plaintiff re-alleges and incorporates paragraphs 1-14 above as fully stated herein. 

 25. Plaintiff was improperly subjected to judicial proceedings for which there was no 

probable cause. These judicial proceedings were instituted and continued maliciously, resulting 

in injury, and all such proceedings were terminated in Plaintiff’s favor. 

 26. DEFENDANT OFFICERS DELANEY, CORONA and CERDA accused Plaintiff 

of felony criminal acts knowing those accusations to be without probable cause, and they made 

written and other statements with the intent of exerting influence to institute and continue 

judicial proceedings. 

 27. Statements of DEFENDANT OFFICERS regarding Plaintiff’s alleged culpability

were made with knowledge that the statements were false and perjured. In so doing, the 

DEFENDANT OFFICERS fabricated evidence and withheld exculpatory information. 

 28. The misconduct described in this Count was undertaken with malice, willfulness, 

reckless indifference to the rights of others. 

29. As a result of the above-described wrongful infringement of Plaintiff’s rights, he 

has suffered financial and other damages, including but not limited to substantial mental stress 

and anguish. 

30. The misconduct described in this Count was undertaken by the DEFENDANT 

OFFICERS within the scope of their employment such that their employer, CITY OF 

CHICAGO, is liable for their actions. 

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COUNT V

(SECTION 1983 CONSPIRACY CLAIM) 

 31. Plaintiff re-alleges and incorporates paragraphs 1-14 above as fully stated herein. 

 32. The DEFENDANT OFFICERS conspired to falsely charge the Plaintiff with 

criminal offenses to cover up their own and each others’ misconduct. The DEFENDANT 

OFFICERS took affirmative acts in furtherance of this conspiracy, including falsifying police 

reports, initiating false criminal complaints and committing perjury in criminal proceedings. 

33. The aforementioned actions of the DEFENDANT OFFICERS were the direct and 

proximate cause of the violations of the United States Constitution, the Fourth Amendment and 

Fourteenth Amendment. 

COUNT VI

(FAILURE TO INTERVENE) 

34. Plaintiff re-alleges and incorporates paragraphs 1-14 above as fully stated herein. 

 35. DEFENDANT OFFICERS KUSHINER, JOHNSON and ZAMBRANO failed to 

intervene and prevent injury to Plaintiff. 

36. DEFENDANT OFFICERS KUSHINER, JOHNSON and ZAMBRANO had a 

realistic opportunity to prevent or limit the harm to Plaintiff and failed to take reasonable steps to

prevent the harm from occurring to the Plaintiff. 

37. DEFENDANT OFFICERS KUSHINER, JOHNSON and ZAMBRANO’S failure 

to take reasonable steps to prevent harm from occurring to the Plaintiff caused the Plaintiff harm, 

including, but not limited to, physical pain and suffering and mental stress and anguish. 

38. The conduct described in this Count was undertaken by the DEFENDANT 

OFFICERS KUSHINER, JOHNSON and ZAMBRANO under the color of law and within the 

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scope of their employment such that their employer, the City of Chicago, is liable for their 

actions. 

COUNT VII

(INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS) 

39. Plaintiff re-alleges and incorporates paragraphs 1-14 above as fully stated herein. 

 40. The acts and conduct of CHICAGO POLICE OFFICER JORGE CERDA, STAR 

NO. 10607; CHICAGO POLICE OFFICER RYAN DELANEY, STAR NO. 4024; CHICAGO 

POLICE OFFICER SERGIO CORONA, STAR NO. 3331, as set forth above were extreme and 

outrageous. DEFENDANTS intended to cause, or were in reckless disregard of the probability 

that their conduct would cause, severe emotional distress to Plaintiff. 

 41. DEFENDANTS’ actions and conduct did directly and proximately cause severe 

emotional distress to Plaintiff and thereby constituted intentional infliction of emotional distress. 

 42. The misconduct described in this Count was undertaken with malice, willfulness, 

and reckless indifference to the rights of Plaintiff. 

COUNT VIII

(STATE LAW CLAIM: INDEMNIFICATION) 

43. Plaintiff re-alleges and incorporates paragraphs 1-14 above as fully stated herein. 

 44. In Illinois, public entities are directed to pay any tort judgment for compensatory 

damages for which employees are liable within the scope of their employment activities. 735 

ILCS 10/9-102. 

 45. DEFENDANT OFFICERS are or were employees of the CITY of CHICAGO and 

acted within the scope of their employment in committing the misconduct described herein. 

REQUEST FOR RELIEF

 46. Plaintiff, JAMIL C. GRAYER, respectfully requests that the Court: 

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a. Enter judgment in his favor and against Defendants, CHICAGO POLICE 

OFFICER JORGE CERDA, STAR NO. 10607; CHICAGO POLICE

OFFICER RYAN DELANEY, STAR NO. 4024; CHICAGO POLICE

OFFICER SERGIO CORONA, STAR NO. 3331; CHICAGO POLICE 

OFFICER M. KUSHINER, STAR NO. 15895, CHICAGO POLICE

OFFICER W. JOHNSON, STAR NO. 17442; CHICAGO POLICE

OFFICER JAVIER ZAMBRANO, STAR NO. 5475; 

b. Award compensatory damages against Defendants, CHICAGO POLICE 

OFFICER JORGE CERDA, STAR NO. 10607; CHICAGO POLICE

OFFICER RYAN DELANEY, STAR NO. 4024; CHICAGO POLICE

OFFICER SERGIO CORONA, STAR NO. 3331; CHICAGO POLICE 

OFFICER M. KUSHINER, STAR NO. 15895, CHICAGO POLICE

OFFICER W. JOHNSON, STAR NO. 17442; CHICAGO POLICE

OFFICER JAVIER ZAMBRANO, STAR NO. 5475; 

c. Award attorneys’ fees against Defendants, CHICAGO POLICE OFFICER 

JORGE CERDA, STAR NO. 10607; CHICAGO POLICE OFFICER RYAN 

DELANEY, STAR NO. 4024; CHICAGO POLICE OFFICER SERGIO 

CORONA, STAR NO. 3331; CHICAGO POLICE OFFICER M. 

KUSHINER, STAR NO. 15895, CHICAGO POLICE OFFICER W. 

JOHNSON, STAR NO. 17442; CHICAGO POLICE OFFICER JAVIER 

ZAMBRANO, STAR NO. 5475; 

d. Award punitive damages against CHICAGO POLICE OFFICER JORGE 

CERDA, STAR NO. 10607; CHICAGO POLICE OFFICER RYAN 

DELANEY, STAR NO. 4024; CHICAGO POLICE OFFICER SERGIO 

CORONA, STAR NO. 3331; CHICAGO POLICE OFFICER M. 

KUSHINER, STAR NO. 15895, CHICAGO POLICE OFFICER W. 

JOHNSON, STAR NO. 17442; CHICAGO POLICE OFFICER JAVIER 

ZAMBRANO, STAR NO. 5475 in their individual capacities; and 

e. Grant any other relief this Court deems just and appropriate. 

JURY DEMAND 

Plaintiff, JAMIL C. GRAYER, demands a trial by jury under the Federal Rule of Civil 

Procedure 38(b) on all issues so triable. 

Respectfully submitted, 

/s/ Jeffrey J. Neslund

JEFFREY J. NESLUND 

Attorney for Plaintiff 

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Jeffrey J. Neslund 

Law Offices of Jeffrey J. Neslund 

150 North Wacker Drive, Suite 2460 

Chicago, Illinois 60606 

(312) 223-1100 

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