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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ANTONIO L. LEE, )

) Case Number: 12 cv 5082

Plaintiff, )

v. ) Judge:

)

CITY OF MARKHAM, a Municipal Corporation, )

JAMES NEWELL Individually and as OFFICER )

JAMES NEWELL, STAR NO. 547, DASHUN )

L. WALKER Individually and as OFFICER )

DASHUN L. WALKER, JEREMY EARL ) Magistrate Judge:

Individually and as OFFICER JEREMY EARL, )

RAMON DAVIS Individually and as OFFICER )

RAMON DAVIS, KEN MURDOLW A/K/A )

MURDLOW Individually and as OFFICER KEN )

MURDOLW A/K/A MURDLOW, B. WALKER )

Individually and as OFFICER B. WALKER, T. )

DUFFIN Individually and as OFFICER T. )

DUFFIN, AND VARIOUS UNKNOWN )

OFFICERS OF THE MARKHAM POLICE )

DEPARTMENT, Individually and as an )

Employee/Agent of the CITY OF MARKHAM, )

a Municipal Corporation, and MARKHAM )

POLICE DEPARTMENT, )

)

Defendants. )

COMPLAINT AT LAW

NOW COMES Plaintiff, Antonio L. Lee, by and through his attorneys, Henderson Adam, 

LLC, to complain of Defendants, City of Markham, a Municipal Corporation, Markham Police 

Department, James Newell Individually and as Officer James Newell (Star No. 547) (hereinafter 

“Newell”), Dashun L. Walker Individually and as Officer Dashun L. Walker (hereinafter “D. 

Walker”), Jeremy Earl Individually and as Officer Jeremy Earl (hereinafter “Earl”), Ramon 

Davis Individually and as Officer Ramon Davis (hereinafter “Davis”), Ken Murdolw a/k/a

Murdlow Individually and Officer Ken Murdolw a/k/a Murdlow (hereinafter “Murdolw a/k/a 

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Murdlow”), B. Walker Individually and as Officer B. Walker (hereinafter “B. Walker”), T. 

Duffin Individually and as Officer T. Duffin (hereinafter “Duffin”), and Various Unknown 

Officers of the Markham Police Department, as follows:

NATURE OF CASE

1. This is an action for monetary damages brought pursuant to 42 U.S.C. § 1983 and 

the laws of the State of Illinois.

2. Plaintiff, Antonio L. Lee, brings this action to obtain redress for Defendants’ 

misconduct, which has included, among other things, aggravated battery and unlawfully arresting 

and detaining Plaintiff; causing Plaintiff to sustain emotional, physical and economic injuries.

JURISDICTION AND VENUE

3. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331 and § 

1343 because Plaintiff’s claims arise under the Constitution and laws of the United States.

4. Venue is proper pursuant to 28 U.S.C. § 1391 (b) because the facts that gave to 

the claims occurred within the Northern District of Illinois.

THE PARTIES

5. At all relevant times herein, Plaintiff, Antonio L. Lee, resided in Cook County, 

Illinois.

6. At all relevant times herein, Defendant, City of Markham was a Municipal 

Corporation and the principal employer of Defendants, Newell, D. Walker, Earl, Davis, Murdolw 

a/k/a Murdlow, B. Walker, and Duffin.

7. At all relevant times herein, Defendant, Newell, resided in Markham, Illinois, 

served as a duly appointed City of Markham employee, and acted in his official capacity and 

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under the color of law and in the course and scope of his employment with the City of Markham 

as a sworn law enforcement officer.

8. At all relevant times herein, Defendant, D. Walker, resided in Markham, Illinois, 

served as a duly appointed City of Markham employee, and acted in his official capacity and 

under the color of law and in the course and scope of his employment with the City of Markham 

as a sworn law enforcement officer.

9. At all relevant times herein, Defendant, Earl, resided in Markham, Illinois, served 

as a duly appointed City of Markham employee, and acted in his official capacity and under the 

color of law and in the course and scope of his employment with the City of Markham as a 

sworn law enforcement officer.

10. At all relevant times herein, Defendant, Davis, resided in Markham, Illinois, 

served as a duly appointed City of Markham employee, and acted in his official capacity and 

under the color of law and in the course and scope of his employment with the City of Markham 

as a sworn law enforcement officer.

11. At all relevant times herein, Defendant, Murdolw a/k/a Murdlow, resided in 

Markham, Illinois, served as a duly appointed City of Markham employee, and acted in his 

official capacity and under the color of law and in the course and scope of his employment with 

the City of Markham as a sworn law enforcement officer.

12. At all relevant times herein, Defendant, B. Walker, resided in Markham, Illinois, 

served as a duly appointed City of Markham employee, and acted in his official capacity and 

under the color of law and in the course and scope of his employment with the City of Markham 

as a sworn law enforcement officer.

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13. At all relevant times, herein, Defendant, Duffin, resided in Markham, Illinois, 

served as a duly appointed City of Markham employee, and acted in his official capacity and 

under the color of law and in the course and scope of his employment with the City of Markham 

as a sworn law enforcement officer.

14. At all relevant times herein, various unknown officers (whose names have yet to 

be discovered) resided in Markham, Illinois, served as duly appointed City of Markham 

agents/employees, and acted in their official capacities and under the color of law as sworn law 

enforcement officers and in the scope of their employment with the city of Markham as sworn 

law enforcement officers.

15. City of Markham is a municipal corporation, incorporated under the laws of the 

State of Illinois, that employed each of the defendant police officers/agents at all times relevant 

to this Complaint.

FACTUAL BACKGROUND

16. On July 31, 2010, Plaintiff, Antonio L. Lee, entered the Markham Police 

Department at the direction of Defendant, Officer Newell.

17. On July 31, 2010, Plaintiff, Antonio L. Lee, was at the Markham Police 

Department to bail out a family member.

18. On July 31, 2010, while peacefully waiting at the Markham Police Department to 

bail out a family member, Plaintiff, Antonio L. Lee, was intentionally subjected to verbal threats 

by Defendants, Newell, D. Walker, Earl, Davis, Murdolw a/k/a Murdlow, B. Walker, Duffin and 

various unknown agents/employees of the City of Markham.

19. That at no time, immediately before said incident did Plaintiff, Antonio L. Lee, 

threaten, provoke or otherwise act in an aggressive manner so that Defendants agents, servants 

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and employees of the City of Markham would or could have been in fear of their own physical 

well-being.

20. On July 31, 2010, while peacefully waiting at the Markham Police Department to 

bail out a family member, without provocation, Plaintiff, Antonio L. Lee, was intentionally 

attacked and beaten by Defendants, Newell, D. Walker, Earl, Davis, Murdolw a/k/a Murdlow, B. 

Walker, Duffin and various unknown agents/employees of the City of Markham.

21. On July 31, 2010, Plaintiff, Antonio L. Lee, while being beaten by Defendants, 

Newell, D. Walker, Earl, Davis, Murdolw a/k/a Murdlow, B. Walker, Duffin and various 

unknown agents/employees of the City of Markham, Plaintiff, Antonio L. Lee, was intentionally 

dragged into a room that the officer knew had no surveillance.

22. After being beaten on July 31, 2010, by the afore-mentioned agents/employees of 

the City of Markham, Plaintiff, Antonio L. Lee, was unlawfully arrested and charged with 

criminal trespass, and resisting/obstructing an officer.

CAUSES OF ACTION

COUNT I

42 U.S.C. § 1983– UNLAWFUL/FALSE ARREST

WILLFUL AND WANTON

(Plaintiff v. Defendant Officers, Detectives and City of Markham)

23. Plaintiff, Antonio L. Lee, re-allege paragraphs 1 – 21 of this count as if fully 

stated herein.

24. At all relevant times herein, Defendants, Newell, D. Walker, Earl, Davis, 

Murdolw a/k/a Murdlow, B. Walker, Duffin and various unknown officers, served as duly 

appointed City of Markham agents/employees, and acted under the color of law and in their 

official capacities as sworn law enforcement officers and in the course and scope of their 

employment with the City of Markham.

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25. On July 31, 2010, Plaintiff, Antonio L. Lee, was willfully and unlawfully arrested 

by Defendants, Newell, D. Walker, Earl, Davis, Murdolw a/k/a Murdlow, B. Walker, Duffin, and 

various unknown officers, since he was not trespassing and never resisted arrest.

26. The willful and wanton acts or omissions of Defendants, Newell, D. Walker, Earl, 

Davis, Murdolw a/k/a Murdlow, B. Walker, Duffin, and various unknown duly appointed 

officers, employees/agents of the City of Markham violated the United States Constitution and 

infringed upon the constitutionally protected rights of Plaintiff, Antonio L. Lee, by willfully and 

unlawfully detaining and/or arresting him without justification and/or probable cause.

27. The willful and wanton acts or omissions of Defendants, Newell, D. Walker, Earl, 

Davis, Murdolw a/k/a Murdlow, B. Walker, Duffin, and various unknown duly appointed 

officers, employees/agents of the City of Markham violated the constitutional right of Plaintiff, 

Antonio L. Lee, to be free from false arrest. 

28. Defendant, City of Markham, its agents/employees Newell, D. Walker, Earl, 

Davis, Murdolw a/k/a Murdlow, B. Walker, Duffin, and various unknown duly appointed 

officers, employees/agents of the City of Markham had a duty not to violate the constitutionally 

protected rights of Plaintiff, Antonio L. Lee.

29. Defendant, City of Markham, its agents/employees Newell, D. Walker, Earl, 

Davis, Murdolw a/k/a Murdlow, B. Walker, Duffin, and various unknown duly appointed 

officers, employees/agents of the City of Markham acted with a conscious disregard and/or a 

reckless disregard for the duty owed to Plaintiff, Antonio L. Lee.

30. As a direct result of the aforementioned willful and wanton acts or omissions by 

Defendants, City of Markham, Newell, D. Walker, Earl, Davis, Murdolw a/k/a Murdlow, B. 

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Walker, Duffin, Plaintiff, Antonio L. Lee, was unlawfully arrested and deprived of his liberty 

without due process of law.

31. On or about July 31, 2012, and thereafter, as a direct and proximate result of the 

foregoing willful and wanton acts or omissions by Defendant, City of Markham, by and through 

its agents and/or employees Defendants, Newell, D. Walker, Earl, Davis, Murdolw a/k/a 

Murdlow, B. Walker, Duffin, and various unknown police officers of Defendant, City of 

Markham, Plaintiff, Antonio L. Lee, suffered injuries of a personal and pecuniary nature.

WHEREFORE, Plaintiff, Antonio L. Lee, prays that this Court:

A. Enter judgment in favor of the Plaintiff and against all Defendants.

B. Award compensatory damages in an amount in excess of $75,000.

C. Award punitive damages in favor of Plaintiff and against all Defendants.

D. Award attorneys’ fees and costs in favor of Plaintiff and against all Defendants.

E. Award such other relief as the Court deems just and equitable.

JURY DEMAND

Plaintiff hereby demands a trial by jury pursuant to Federal Rule of Civil Procedure 38(b) 

on all triable issues.

COUNT II

42 U.S.C. § 1983–EXCESSIVE FORCE

(Plaintiff v. Defendant Officers, Detectives and City of Markham)

32. Plaintiff, Antonio L. Lee, re-alleges paragraphs 1 – 31 of this count as if fully 

stated herein.

33. Defendants, City of Markham, its agents/employees Newell, D. Walker, Earl, 

Davis, Murdolw a/k/a Murdlow, B. Walker, Duffin, and various unknown duly appointed 

officers, employees/agents of the City of Markham, without provocation, used excessive, 

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unnecessary and/or unreasonable force against Plaintiff, Antonio L. Lee, in violation of his rights 

under the United States Constitution.

34. The conduct of these defendants was intentional, willful, malicious, in reckless 

disregard of, deliberately indifferent to and/or callously indifferent to the constitutional rights of 

Plaintiff, Antonio L. Lee, under the Fourth And Fourteenth Amendments of the United States 

Constitution.

35. This action is brought pursuant to 42 U.S.C. § 1983 to redress deprivations of 

constitutional and civil rights committed under color of State law.

WHEREFORE, Plaintiff, Antonio L. Lee, prays that this Court:

A. Enter judgment in favor of the Plaintiff and against all Defendants.

B. Award compensatory damages in an amount in excess of $75,000.

C. Award punitive damages in favor of Plaintiff and against all Defendants.

D. Award attorneys’ fees and costs in favor of Plaintiff and against all Defendants.

E. Award such other relief as the Court deems just and equitable.

JURY DEMAND

Plaintiff, Antonio L. Lee, hereby demands a trial by jury pursuant to Federal Rule of 

Civil Procedure 38(b) on all triable issues.

COUNT III

42 U.S.C. § 1983–CONSPIRACY

WILLFUL AND WANTON

(Plaintiff v. Defendant Officers, Detectives and City of Markham)

36. Plaintiff, Antonio L. Lee, re-allege paragraphs 1 – 35 of this count as if fully 

stated herein.

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37. At all relevant times herein, Defendants, Newell, D. Walker, Earl, Davis, 

Murdolw a/k/a Murdlow, B. Walker, Duffin, and various unknown officers served as duly 

appointed City of Markham agents/employees, and acted under the color of law and in the course 

and scope of their employment with the City of Markham and in their official capacities as sworn 

law enforcement officers.

38. On July 31, 2010, Defendant, City of Markham by and through its duly appointed 

agents/employees, Defendants, Newell, D. Walker, Earl, Davis, Murdolw a/k/a Murdlow, B. 

Walker, Duffin, and various unknown police officers/agents of Defendants, City of Markham, 

lacked probable cause to detain, arrest or charge Plaintiff, Antonio L. Lee, with violations of the 

Illinois Criminal Code.

39. On July 31, 2010, Defendants, Newell, D. Walker, Earl, Davis, Murdolw a/k/a 

Murdlow, B. Walker, Duffin, and various unknown police officers/agents of Defendant, City of 

Markham, agreed to fabricate evidence to effect an unauthorized arrest.

40. On July 31, 2010, Defendants, Newell, D. Walker, Earl, Davis, Murdolw a/k/a 

Murdlow, B. Walker, Duffin, and various officers of the City of Markham agreed to unlawfully 

arrest Plaintiff, Antonio L. Lee.

41. In furtherance of the agreement between Defendant, City of Markham through its 

duly appointed agents/employees, Defendants, Newell, D. Walker, Earl, Davis, Murdolw a/k/a 

Murdlow, B. Walker, Duffin, did, in fact, unlawfully arrest Plaintiff, Antonio Lee.

42. Defendant, City of Markham, its agents/employees Defendants, Newell, D. 

Walker, Earl, Davis, Murdolw a/k/a Murdlow, B. Walker, Duffin, and various unknown duly 

appointed officers, employees/agents of the City of Markham had a duty not to violate the 

constitutionally protected rights of Plaintiff, Antonio L. Lee.

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43. Defendant, City of Markham, by and through its agents/employees Newell, D. 

Walker, Earl, Davis, Murdolw a/k/a Murdlow, B. Walker, Duffin, and various unknown duly 

appointed officers of the City of Markham acted with a conscious disregard or a reckless 

disregard for the duty owed to Plaintiff, Antonio L. Lee.

44. Defendant, City of Markham, its agents/employees Defendants, Newell, D. 

Walker, Earl, Davis, Murdolw a/k/a Murdlow, B. Walker, Duffin, and various unknown duly 

appointed officers, employees/agents of the City of Markham, through its willful and wanton 

acts acted in concert and knowingly falsified police reports, filed false criminal charges, and 

conspired to “cover up” the false arrest and detention of Plaintiff, Antonio L. Lee..

45. As a direct and proximate result of the foregoing agreed upon willful and wanton 

acts or omissions by Defendant, City of Markham by and through its agents and/or employees 

Defendants, Newell, D. Walker, Earl, Davis, Murdolw a/k/a Murdlow, B. Walker, Duffin, and 

various unknown police officers of Defendant City of Markham, Plaintiff, Antonio L. Lee, 

suffered injuries of a personal and pecuniary nature.

WHEREFORE, Plaintiff, Antonio L. Lee, prays that this Court:

A. Enter judgment in favor of the Plaintiff and against all Defendants.

B. Award compensatory damages in an amount in excess of $75,000.

C. Award punitive damages in favor of Plaintiff and against all Defendants.

D. Award attorneys’ fees and costs in favor of Plaintiff and against all Defendants.

E. Award such other relief as the Court deems just and equitable.

JURY DEMAND

Plaintiff, Antonio L. Lee, hereby demands a trial by jury pursuant to Federal Rule of 

Civil Procedure 38(b) on all triable issues.

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 COUNT IV

 COMMON LAW BATTERY

(Plaintiff v. Defendant Officers, Detectives and City of Markham)

46. Plaintiff, Antonio L. Lee, re-alleges paragraphs 1 – 45 of this count as if fully 

stated herein.

47. By said acts or omissions of the Defendants City of Markham, Newell, D. 

Walker, Earl, Davis, Murdolw a/k/a Murdlow, B. Walker, Duffin, as alleged herein, Defendants 

committed an offensive and unauthorized touching of Plaintiff, Antonio Lee.

48. As a direct and proximate result of the aforesaid acts by Defendants, City of 

Markham, Newell, D. Walker, Earl, Davis, Murdolw a/k/a Murdlow, B. Walker, Duffin,

Plaintiff, Antonio L. Lee, suffered physical injury and pain, incurred the expense of medical 

treatment, lost income and/or earning capacity, and suffered and does suffer a loss of normal life.

WHEREFORE, Plaintiff, Antonio L. Lee, prays that this Court:

A. Enter judgment in favor of the Plaintiff and against all Defendants.

B. Award compensatory damages in an amount in excess of $75,000.

C. Award punitive damages in favor of Plaintiff and against all Defendants.

D. Award attorneys’ fees and costs in favor of Plaintiff and against all Defendants.

E. Award such other relief as the Court deems just and equitable.

JURY DEMAND

Plaintiff hereby demands a trial by jury pursuant to Federal Rule of Civil Procedure 38(b) 

on all triable issues.

COUNT V

COMMON LAW BATTERY – RESPONDEAT SUPERIOR

(Plaintiff v. Defendant Officers, Detectives and City of Markham)

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49. Plaintiff, Antonio L. Lee, re-alleges paragraphs 1 – 48 of this count as if fully 

stated herein.

WHEREFORE, Plaintiff, Antonio L. Lee, prays that this Court:

A. Enter judgment in favor of the Plaintiff and against all Defendants.

B. Award compensatory damages in an amount in excess of $75,000.

C. Award punitive damages in favor of Plaintiff and against all Defendants.

D. Award attorneys’ fees and costs in favor of Plaintiff and against all Defendants.

E. Award such other relief as the Court deems just and equitable.

JURY DEMAND

Plaintiff hereby demands a trial by jury pursuant to Federal Rule of Civil Procedure 38(b) 

on all triable issues.

COUNT VI

COMMOM LAW FALSE ARREST AND IMPRISONMENT

(Plaintiff v. Defendant Officers, Detectives and City of Markham)

50. Plaintiff, Antonio L. Lee, re-alleges paragraphs 1 – 49 of this count as if fully 

stated herein.

51. Plaintiff, Antonio L. Lee, was not guilty of any crime at the time of said arrest.

52. Plaintiff, Antonio L. Lee, was handcuffed and further denied his liberty of 

movement for an extended period of time.

53. Plaintiff, Antonio L. Lee, was subsequently imprisoned and further denied his 

liberty of movement for an extended period of time.

54. As a direct and proximate result of the aforesaid acts by Defendants, City of 

Markham, Newell, D. Walker, Earl, Davis, Murdolw a/k/a Murdlow, B. Walker, Duffin, 

Plaintiff, Antonio L. Lee, suffered emotional trauma, anguish, and humiliation, incurred the 

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expense of medical treatment, lost income and/or earning capacity, and suffered and does suffer 

a loss of normal life.

WHEREFORE, Plaintiff, Antonio L. Lee, prays that this Court:

A. Enter judgment in favor of the Plaintiff and against all Defendants.

B. Award compensatory damages in an amount in excess of $75,000.

C. Award punitive damages in favor of Plaintiff and against all Defendants.

D. Award attorneys’ fees and costs in favor of Plaintiff and against all Defendants.

E. Award such other relief as the Court deems just and equitable.

JURY DEMAND

Plaintiff hereby demands a trial by jury pursuant to Federal Rule of Civil Procedure 38(b) 

on all triable issues.

COUNT VII - FALSE ARREST MONELL CLAIM

(Plaintiff v. Defendant Officers, Detectives and City of Markham)

55. Plaintiff re-alleges paragraphs 1-54 and incorporates them herein.

56. The actions of the Defendant Officers and Detectives, as alleged above, were 

done pursuant to one or more interrelated defacto polices, practices, and/or customs of the City 

of Markham, its police department, and/or its supervisory personnel. 

57. At the time of the incident, the City of Markham, its police department, and/or its 

supervisory personnel had one or more interrelated defacto polices, practices, and/or customs of 

failing to train the Defendant Officers and Detectives not to violate the Fourth Amendment rights 

of individuals, including the Plaintiff. Specifically, the Defendant Officers and Detectives were 

not trained in the proper use and implementation of the legal process. Furthermore, Defendant, 

City of Markham, failed to properly train its Offices and Detectives on sworn testimony given 

under oath pursuant to penalties of perjury as said Defendant Officers and Detectives, repeatedly 

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lied under oath in furtherance of the criminal charges against Plaintiff, Antonio L. Lee, which 

lacked probable cause. This failure led directly to the injuries sustained by Plaintiff, Antonio L. 

Lee.

58. These policies, practices, and/or customs were the “driving force” and cause of 

the Defendant Officers and Detectives violating the Fourth Amendment rights of individuals, 

including the Plaintiff, Antonio L. Lee.

59. The actions of the City of Markham, its police department, and/or supervisory 

personnel were the direct and proximate cause of the violations of Plaintiff’s Fourth Amendment 

rights and injuries, described above.

WHEREFORE, Plaintiff, Antonio L. Lee, prays that this Court:

A. Enter judgment in favor of the Plaintiff and against all Defendants.

B. Award compensatory damages in an amount in excess of $75,000.

C. Award punitive damages in favor of Plaintiff and against all Defendants.

D. Award attorneys’ fees and costs in favor of Plaintiff and against all Defendants.

E. Award such other relief as the Court deems just and equitable.

JURY DEMAND

Plaintiff hereby demands a trial by jury pursuant to Federal Rule of Civil Procedure 38(b) 

on all triable issues.

COUNT VIII - CONSPIRACY MONELL CLAIM

(Plaintiff v. Defendant Officers, Detectives and City of Markham)

60. Plaintiff re-alleges paragraphs 1 - 59 and incorporates them herein.

61. The actions of the Defendant Officers and Detectives, as alleged above, were 

done pursuant to one or more interrelated defacto polices, practices, and/or customs of the City 

of Markham, its police department, and/or its supervisory personnel. 

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62. At the time of the incident, the City of Markham, its police department, and/or its 

supervisory personnel had one or more interrelated defacto polices, practices, and/or customs of 

failing to train the Defendant Officers and Detectives not to violate the Fourth Amendment rights 

of individuals, including the Plaintiff. Specifically, the Defendant Officers and Detectives were 

not trained in the proper use and implementation of the legal process. Furthermore, Defendant, 

City of Markham, failed to properly train its Offices and Detectives on not to fabricate evidence, 

Defendant, Officers and Detectives, repeatedly lied using a document that was falsified in the 

initial charges and thereafter. In furtherance of the criminal charges against Plaintiff, Antonio L. 

Lee, which lacked probable cause, Defendant lied under oath relying on a document containing 

false information. This failure led directly to the injuries sustained by Plaintiff, Antonio L. Lee.

63. These policies, practices, and/or customs were the “driving force” and cause of 

the Defendant Officers and Detectives violating the Fourth Amendment rights of individuals, 

including the Plaintiff, Antonio L. Lee.

64. The actions of the City of Markham, its police department, and/or supervisory 

personnel were the direct and proximate cause of the violations of Plaintiff’s Fourth Amendment 

rights and injuries, described above.

WHEREFORE, Plaintiff, Antonio L. Lee, prays that this Court:

A. Enter judgment in favor of the Plaintiff and against all Defendants.

B. Award compensatory damages in an amount in excess of $75,000.

C. Award punitive damages in favor of Plaintiff and against all Defendants.

D. Award attorneys’ fees and costs in favor of Plaintiff and against all Defendants.

E. Award such other relief as the Court deems just and equitable.

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JURY DEMAND

Plaintiff hereby demands a trial by jury pursuant to Federal Rule of Civil Procedure 38(b) 

on all triable issues.

COUNT IX - ILLINOIS STATE CLAIM OF WILLFUL AND WANTON CONDUCT

(Plaintiff v. Defendant Officers, Detectives and City of Markham)

65. Plaintiff re-alleges paragraphs 1 – 64 and incorporates them herein.

66. The actions of the Defendant Officers and Detectives, in repeatedly providing 

false testimony while under oath and misusing the legal process, inappropriately, demonstrated 

and amount to willful and wanton conduct.

67. Knowing of the potential for serious deprivation of Plaintiff’s rights and injury to 

the Plaintiff, the Defendant Officers and Detectives knowingly and recklessly disregarded this 

risk multiple times, the end-result of these intentional acts being the injuries sustained by the 

Plaintiff.

68. The actions of the Defendant Officers and Detectives were the direct and 

proximate cause of the injuries suffered by the Plaintiff, described more fully above.

69. The Defendant Officers and Detectives were acting in the course and scope of 

their employment with the City of Markham in taking these actions, and thus the City of 

Markham is liable based on the theory of respondeat superior.

70. As a result of all the aforementioned actions by the Defendant Officers and 

Detectives, the Plaintiff suffered loss of freedom and liberty, loss of society, psychological 

damage, emotional distress, injury, and pecuniary injury.

WHEREFORE, Plaintiff demands judgment and compensatory damages against all 

Defendants and because they acted maliciously, wantonly, and oppressively, Plaintiff demands 

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substantial punitive damages against Defendants Newell, Walker, Earl, Davis, Murdolw a/k/a 

Murdlow, B. Walker and Duffin and any other additional relief as this Court deems equitable and 

just.

JURY DEMAND

Plaintiff, Julian Dailey, hereby demands a trial by jury pursuant to Federal Rule of Civil 

Procedure 38(b) on all triable issues.

COUNT X - ILLINOIS STATE LAW CLAIM OF INDEMNIFIVATION

PURSUANT TO 745 ILCS 10/9-102

(Plaintiff v. City of Markham)

71. Plaintiff re-alleges paragraphs 1 – 70 and incorporates them herein.

72. Defendant, City of Markham, is the indemnifying entity for the actions of the 

Defendant Officers and Detectives, described above, who took these actions while acting under 

the color of law and in the course and scope of their employment with the City of Markham..

WHEREFORE, should Defendants, Newell, D. Walker, Earl, Davis, Murdolw a/k/a 

Murdlow, B,. Walker, and Duffin, be found liable of the federal claims set forth above, the 

Plaintiff, Antonio L. Lee, demands that Defendant, City of Markham be found liable for any 

judgment (other than punitive damages) he obtains thereon, pursuant to 745 ILCS 10/9-102.

JURY DEMAND

Plaintiff, Antonio L. Lee, hereby demands a trial by jury pursuant to Federal Rule of 

Civil Procedure 38(b) on all triable issues.

Respectfully submitted

By: /s/ Victor P. Henderson____

One Of The Attorneys For Plaintiff

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Victor P. Henderson

Samuel E. Adam

HENDERSON ADAM, LLC

330 South Wells Street

Suite 1410

Chicago, IL 60606

Phone: (312) 262-2900

Facsimile: (312) 262-2901

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