IN THE UNITED STATES DISTRICT 

COURT NORTHERN DISTRICT OF 

ILLINOIS EASTERN DIVISION

JACQUES RIVERA, )

) No. 12 CV 004428

Plaintiff, )

 )

v. ) The Honorable Joan B. Gottschall

 )

REYNALDO GUEVARA, et al., )

 )

Defendants. )

DEFENDANT GUEVARA AND MINGEY’S RULE 50 MOTION FOR

JUDGMENT AS A MATTER OF LAW

Defendants Reynaldo Guevara and Ed Mingey (“Movants”), by their attorneys, move 

this Honorable Court for the entry of an order pursuant to Federal Rule of Civil Procedure 50 for 

judgment as a matter of law and state:

Plaintiff has rested his case at trial after having an opportunity to fully be heard on all of 

his remaining claims. The only evidence presented against Movants at trial was based on the 

negative inference associated with the Movants’ invocation their Fifth Amendment rights. The 

Supreme Court and the Seventh Circuit have been clear that evidence of a Fifth Amendment 

invocation is not permissible as the sole affirmative evidence upon any issue. See Baxter v. 

Palmigiano, 425 U.S. 308, 313. Therefore, Plaintiff has presented insufficient evidence upon 

which a jury could find in Plaintiff’s favor for the remaining claims against the Movants.

Accordingly, the lack of any evidence to support Plaintiff’s remaining claims against 

them confirms that the Movants are entitled to judgment as a matter of law. Further, Movants 

hereby restate and adopt the legal basis and arguments asserted on Summary Judgment and join 

and adopt the Rule 50 Motion and arguments of Co-Defendants McLaughlin and Gawrys as 

further basis for judgment as a matter of law in favor of Movants.
WHEREFORE, Defendants Guevara and Mingey request that the Court enter judgment as 

a matter of law in their favor and against the Plaintiff as to the Counts remaining.

Dated: June 28, 2018 Respectfully submitted,

/s/Thomas More Leinenweber

Thomas More Lieinenweber

Counsel for Defendants Guevara 

and Mingey

Thomas More Leinenweber

James V. Daffada

Kevin E. Zibolski

Leinenweber Baroni & Daffada, LLC

120 N. LaSalle Street, Suite 2000

Chicago, IL 60602

(866)786-3705
CERTIFICATE OF SERVICE

I hereby certify under penalty of perjury pursuant to 28 U.S.C.A. § 1746 that on June 28, 

2018, I electronically filed the foregoing Defendants Guevara and Mingey’s Rule 50 Motion 

for Judgment with the Clerk of the Court using the CM/ECF system which will send 

notification of such filing to the following CM/ECF participants below.

Attorneys for Plaintiff Attorneys for City of Chicago

Arthur R. Loevy Eileen E. Rosen

Jonathan I. Loevy Stacy A. Benjamin

Elizabeth N. Mazur Catherine M. Barber

Russel Ainsworth Theresa B. Carney

Michael I. Kanovitz Rock Fusco & Connelly, LLC

Steven E. Art 321 N. Clark Street, Suite 2200

Anad Swaminathan Chicago, IL 60654

Rachel Brady (312)494-1000

311 N. Aberdeen (312)494-1001(fax)

Chicago, IL 60607 erosen@rfclaw.com

(312)243-5900 sbenjamin@rfclaw.com

(312) 243-5902 (Fax) cbarber@rfclaw.com

loevylaw@loevy.com tcarney@rfclaw.com

jon@loevy.com

Elizabethm@loevy.com

russell@loevy.com Attorneys for Reynaldo Guevara

mike@loevy.com Thomas M. Leinenweber

steve@loevy.com James V. Daffada

annad@loevy.com Kevin E. Zibolski

Brady@loevy.com Leinenweber Baroni & Daffada, LLC 

120 N. La Salle Street, Suite 2000

J. Samuel Tenenbaum (312)663-3003

Bluhm Legal Clinic thomas@ilesq.com

375 East Chicago Avenue jim@ilesq.com

Chicago, IL 60611 kevin@ilesq.com

(312)503-4808

s-tenenbaul@law.northwestern.edu

Locke E. Bowman, III

Alexa Van Brunt

Roderick MacArthur Justice Center 

Northwestern University School of Law 

375 East Chicago Avenue

Chicago, IL 60611

(312)503-0844

(312)503-1272 (fax) /s/ Thomas More Leinenweber

l-bowman@law.northwestern.edu Thomas More Leinenweber

a-vanbrunt@law.northwestern.edu Counsel for Defendants Guevara and Mingey