acted maliciously, willfully and/or wantonly, Plaintiff
demands $15,000 in punitive damages against each defendant

officer.

COUNT IX
(Malicious Prosecution under Illinois Law)

1-24. Plaintiff Willie Marlow, Jr. alleges and
realleges paragraphs 1 through 24 as though fully set forth
herein.

25. The above prosecution was initiated by the
defendants to cover up the unjustifiable beating of the
Plaintiff.

26. The defendants signed complaints against
Plaintiff which began the prosecution of him. Defendants
further gave false statements against Plaintiff to the
prosecution

27. The unjustifiable prosecution was resolved in the
Plaintiff’s behalf and, therefore, said prosecution was in

violation of the Illinois law.

28. The unjustifiable prosecution of the Plaintiff was
done willfully and wantonly and was the direct and
proximate cause of the physical and mental injuries

suffered by the Plaintiff.



14, Defendant Officer B. Treacy, whose surname is
currently known, is a police officer employed by the City
of Chicago, and was at all times relevant to the facts
alleged in this complaint, acting within the scope of their
employment and under color of law. Defendant officer

Treacy is being sued individually.

15. The City of Chicago, is a municipal corporation
within the State of Illinois, and was at all times material
to this Complaint, the employer of defendant police
officers Barber, Hein, Hernandez, Herrara, Josephs, Kane,

Kelly, McCann, Rowling, Stella, Torres and Treacy.

FACTS

16. On or about June 6, 2002 at approximately, 6:00 p.m.,
the Marlow family, including Willie Marlow, Sr., Willie
Marlow, Jr., and Anthony Williams were returning from a

high school graduation.

17. Willie Marlow, Sr., who was driving, made a left turn
on 637 and Campbell. At that moment, several defendant
officers on foot ordered him to pull over. Mr. Marlow
complied. Shortly thereafter, Mr. Marlow, Sr. was ordered
out of his vehicle, arrested, handcuffed, and placed ina

squad car.


City of Chicago plus costs, and such other additional

relief as this Court deems equitable and just.

PLAINTIFF DEMANDS TRIAL BY JURY ON ALL COUNTS.

Respectfully Submitted,

Standish E. Willis
Attorney for Plaintiff

Dated: 12/08/03

The Law Office of Standish E. Willis
407 South Dearborn

Suite 1395

Chicago, Illinois 60605

(312) 554-0005



therefore violated the Plaintiff’s Forth Amendment right to
be free from unreasonable arrest, search and seizure.
WHEREFORE, Plaintiff Willie Marlow Sr. seeks $25,000
in actual or compensatory damages against Defendant
officers Hein, and Stella individually and because they
acted maliciously, willfully and/or wantonly, $15,000 in
punitive damages against Officers Hein, Kane, Kelly, and

Stella individually.

COUNT IV
(42 U.S.C. SECTION 1983- FALSE ARREST)

1-24. Plaintiff Willie Marlow, Jr. alleges and
realleges paragraphs 1 through 24 as full set forth herein.

25. The above acts of the Defendant officers Hein,
and Stella were willfully and wantonly done without
probable cause and was a direct and proximate cause of
Willie Marlow Jr. pain, suffering and mental anguish, and
therefore violated the Plaintiff’s Forth Amendment right to

be free from unreasonable arrest, search and seizure.

WHEREFORE, Plaintiff Willie Marlow, Jr. seeks $25,000
in actual or compensatory damages against Defendant
officers Hein, and Stella, individually and because they
acted maliciously, willfully and/or wantonly, $15,000 in
punitive damages against Officers Hein, and Stella,

individually.



22. Willie Marlow, Jr. and Anthony Williams were later
transported to the same police station at 637? and St.
Louis. While outside the police station the two brothers
were beaten again by defendant officers Barber, Hein,
Hernandez, Herrara, Josephs, Kane, Kelly, McCann, Rowling,

Stella, Torres and Treacy.

23. Once inside the police station, the defendant officers
continued to beat Willie Marlow, Jr. and Anthony Williams.
At the station, Willie Marlow, Sr. observed that both his
sons had been badly beaten. At the station, Mr. Marlow was

told by defendant officers that his sons were “horses.”

24. While at the police station Willie Marlow Sr., Willie
Jr. and Anthony Williams were all falsely charged. The

case(s) were subsequently dismissed.

COUNT I
(42 U.S.C. SECTION 1983-Excessive Force Claim)

1-24. Plaintiff alleges and realleges paragraphs 1
through 24 as fully set forth above.

25. As a result of the unreasonable and unjustifiable
attack on Willie Marlow, Jr., he suffered both physical and

emotional injuries.


18. Meanwhile, defendant officers ordered Mr. Williams out
of the vehicle. He also complied and was then arrested and
handcuffed. While Willie, Jr. sat in the back seat of the
passenger side of the vehicle, defendant Officers Barber,
Hein, Hernandez, Herrara, Josephs, Kane, Kelly, McCann,
Rowling, Stella, Torres and Treacy began to beat him. He
was later removed from the vehicle and handcuffed and

defendant officers continued to beat him.

19. Defendant officers also began to beat Anthony Williams
while he was outside of the vehicle and handcuffed. During
the course of this event, defendant officers yelled racial

epithets at Willie, Jr. and Anthony Willliams.

20. Defendant officers laughed at Willie, Jr. and Anthony
Williams, as they showed them marijuana that they were
planning to plant on the Marlow Sr. and Jr., and Anthony

Williams.

21. Willie Marlow, Sr., witnessed the beat up of his sons
at the scene, while he sat handcuffed in a squad car. He
was later transported to the police station at 637? and St.

Louis.


26. This unreasonable and unjustifiable beating of
the Plaintiff Anthony Williams by defendant officers
Barber, Hein, Hernandez, Herrara, Josephs, Kane, Kelly,
McCann, Rowling, Stella, Torres and Treacy was a direct and
proximate cause of his pain, suffering and mental anguish.
This act by the above individual Defendants violated the
Plaintiff’s Fourth Amendment right to be free from
unreasonable seizures, in addition to a violation of 42
U.S.C. § 1983 .

WHEREFORE, Plaintiffs demand $50,000 in compensatory
damages against Defendant Police Officers Barber, Hein,
Hernandez, Herrara, Josephs, Kane, Kelly, McCann, Rowling,
Stella, Torres and Treacy because the Defendants acted
maliciously, willfully and/or wantonly, $30,000
individually in punitive damages, plus cost, attorney’s
fees, and such other additional relief as this Court deems

equitable and just.

CouNT III
(42 U.S.C. SECTION 1983~ FALSE ARREST)

1-24. Plaintiff Willie Marlow, Sr. alleges and
realleges paragraphs 1 through 24 as full set forth herein.
25. The above acts of the Defendant officers Hein,
and Stella, were willfully and wantonly done without
probable cause and was a direct and proximate cause of

Willie Marlow Sr. pain, suffering and mental anguish, and



x

FOR THE NORTHERN DISTRICT OF ILLINOI,
EASTERN DIVISION

IN THE UNITED STATES DISTRICT conor | L

D

DEC 0 8 7003

Willie Marlow Sr., Willie Marlow Jr. MICHAEL W. DOBBINS

and Anthony Williams.

Plaintiffs,
No.02 C 9183
Vv.
OFFICER RICHARD BARBER, STAR #17969,
OFFICER Mark L. HEIN, STAR #19700}/
OFFICER JUAN HERNANDEZ, STAR, #6661)
OFFICER KEITH HERRARA, OFFICER BRIAN. W.
JOSEPHS, STAR #1556, OFFICER PATRICK
KANE, STAR # 5036, OFFICER M. KELLY,
OFFICER RAYMOND F.MCCANN, STAR #13127,
OFFICER STEVEN ROWLING, STAR #5363,
OFFICER NICHOLAS, STELLA, STAR #3607,
OFFICER PETER TORRES, STAR #18930,

Judge Anderson

Magistrate Judge

yyopooss
OFFICER B. TREACY AND THE CITY OF Booze)
CHICAGO, A MUNICIPAL CORPORATION EC 1G ;
Defendants 2003

=”. = AMENDED COMPLAINT
1. The jurisdiction of this Court is invoked

pursuant to the Civil Rights Act, 42 U.S.C. 1983 and 1988;
28 U.S.C. 1331 and 1343(3); and the Constitution of the
United States, and supplemental jurisdiction under 28

U.S.C. Section 1367.
PARTIES

2. Plaintiff Willie Marlow Sr., Willie Marlow Jr., and

Anthony Williams are African-American males and are

\P

citizens of the United States, and residents of Chicago,

CLERK, U.S. DisTRIct couRT


under the laws and Constitution of the State of Illinois,
and did directly and proximately cause the injuries, pain
and suffering of the Plaintiff as alleged above.

WHEREFORE, Plaintiff demands judgment against each
Defendant officers Hein and Stella individually an the
amount in excess of $30,000 in compensatory damages and
because the Defendants acted maliciously, willfully and/or
wantonly, $15,000 in punitive or exemplary damages, plus

costs for the battery against him.

COUNT VII
(Supplemental State Claim for Assault and Battery)

1-24. Plaintiff Anthony Williams alleges and realleges
paragraphs 1 through 24 as though fully set forth herein.

25. The acts of the Defendant officers Hein and
Stella described above, were done maliciously, willfully
and wantonly and with such reckless disregard for their
natural consequences as to constitute assault and battery
under the laws and Constitution of the State of Illinois,
and did directly and proximately cause the injuries, pain
and suffering of the Plaintiff as alleged above.

WHEREFORE, Plaintiff demands judgment against each
Defendant officers Hein and Stella individually an the
amount in excess of $30,000 in compensatory damages and

because the Defendants acted maliciously, willfully and/or



COUNT V
(42 U.S.C. SECTION 1983- FALSE ARREST)

1-24. Plaintiff Anthony Willaims alleges and
realleges paragraphs 1 through 24 as full set forth herein.

25. The above acts of the Defendant officers Hein,
and Stella were willfully and wantonly done without
probable cause and was a direct and proximate cause of
Anthony Williams pain, suffering and mental anguish, and
therefore violated the Plaintiff’s Fourth Amendment right

to be free from unreasonable arrest, search and seizure.

WHEREFORE, Plaintiff Anthony Williams seeks $25,000 in
actual or compensatory damages against Defendant officers
Hein and Stella individually and because they acted
maliciously, willfully and/or wantonly, $15,000 in punitive

damages against Officers Hein and Stella individually.

COUNT VI
(Supplemental State Claim for Assault and Battery)

1-24. Plaintiff William Marlow, Jr. alleges and
realleges paragraphs 1 through 24 as though fully set forth
herein.

25. The acts of the Defendant officers Hein and
Stella described above, were done maliciously, willfully
and wantonly and with such reckless disregard for their

natural consequences as to constitute assault and battery



26. This unreasonable and unjustifiable beating of
the Plaintiff Willie Marlow, Jr. by defendant officers
Barber, Hein, Hernandez, Herrara, Josephs, Kane, Kelly,
McCann, Rowling, Stella, Torres and Treacy was a direct and
proximate cause of his pain, suffering and mental anguish.
This act by the above individual Defendants violated the
Plaintiff’s Fourth Amendment right to be free from
unreasonable seizures, in addition to a violation of 42
U.S.C. § 1983

WHEREFORE, Plaintiffs demand $50,000 in compensatory
damages against Defendant Police Officers Barber, Hein,
Hernandez, Herrara, Josephs, Kane, Kelly, McCann, Rowling,
Stella, Torres and Treacy and because the Defendants acted
maliciously, willfully and/or wantonly, $30,000
individually in punitive damages, plus cost, attorney’s
fees, and such other additional relief as this Court deems

equitable and just.

COUNT II
(42 U.S.C. SECTION 1983-Excessive Force Claim)

1-24. Plaintiff alleges and realleges paragraphs 1
through 24 as fully set forth above.

25. As a result of the unreasonable and unjustifiable
attack on Anthony Williams, he suffered both physical and

emotional injuries.


the City of Chicago, and was at all times relevant to the
facts alleged in this complaint, acting within the scope of
their employment and under color of law. Defendant Officer

McCann is being sued individually.

11. Defendant Officer Steven Rowling, Star #5363 whose
surname is currently known, is a police officer employed by
the City of Chicago, and was at all times relevant to the
facts alleged in this complaint, acting within the scope of
their employment and under color of law. Defendant officer

Rowling is being sued individually.

12. Defendant Officer Nicholas Stella, #3607 whose
surname is currently known, is a police officer employed by
the City of Chicago, and was at all times relevant to the
facts alleged in this complaint, acting within the scope of
their employment and under color of law. Defendant officer

Stella is being sued individually.

13. Defendant Officer Peter Torres, Star #18930 whose
surname is currently known, is a police officer employed by
the City of Chicago, and was at all times relevant to the
facts alleged in this complaint, acting within the scope of
their employment and under color of law. Defendant officer

Torres is being sued individually.


WHEREFORE, Plaintiff Willie Marlow, Jr. seeks $25,000
in actual or compensatory damages against each Defendant
officers Hein and Stella individually and because they
acted maliciously, willfully and/or wantonly, Plaintiff
demands $15,000 in punitive damages against each defendant

officer.

COUNT X
(Malicious Prosecution under Illinois Law)

1-24. Plaintiff Anthony Williams alleges and
realleges paragraphs 1 through 24 as though fully set forth
herein.

25. The above prosecution was initiated by the
defendants to cover up the unjustifiable beating of the
Plaintiff.

26. The defendants signed complaints against
Plaintiff which began the prosecution of him. Defendants
further gave false statements against Plaintiff to the
prosecution

27. The unjustifiable prosecution was resolved in the
Plaintiff’s behalf and, therefore, said prosecution was in

violation of the Illinois law.
28. The unjustifiable prosecution of the Plaintiff was

done willfully and wantonly and was the direct and



26. The defendants’ outrageous behavior caused Willie
Marlow Sr. to suffer mental and emotional distress
including fear, anger, humiliation and the injuries set
forth above.

WHEREFORE, plaintiff demands compensatory damages not
in excess of $50,000, jointly and severally from the
defendant officers Hein and Stella plus costs and

additional relief this Court deems equitable and just.

COUNT XII

(Respondeat Superior under Illinois. Law/ City of Chicago)

1-24. Plaintiff Willie Marlow Sr. alleges and
realleges paragraphs 1 through 24 as though fully set forth
herein.

25. The aforesaid acts of Defendant officers Barber,
Hein, Hernandez, Herrara, Josephs, Kane, Kelly, McCann,
Rowling, Stella, Torres and Treacy and Stella in beating
Willie Marlow Jr., and Anthony Williams and falsely
arresting and criminally charging Willie Marlow Sr., Willie
Marlow Jr., and Anthony Williams were done within the scope
of their employment as Chicago police officers, were
willful and wanton, and therefore the defendant City of
Chicago, as principal, is liable for the actions of its
agents under the doctrine of respondent superior.

WHEREFORE, Plaintiff Willie Marlow Sr., Willie Marlow,

Jr., and Anthony Williams demand judgment against defendant



complaint, acting within the scope of their employment and
under color of law. Defendant officer Herrara is being

sued individually.

7. Defendant Officer Brian W. Josephs, Star #1556 whose
surname is currently known, is a police officer employed by
the City of Chicago, and was at all times relevant to the
facts alleged in this complaint, acting within the scope of
their employment and under color of law. Defendant officer

Josephs is being sued individually.

8. Defendant Officer Patrick Kane, Star #5036 whose
surname is currently known, is a police officer employed by
the City of Chicago, and was at all times relevant to the
facts alleged in this complaint, acting within the scope of
their employment and under color of law. Defendant officer

Kane is being sued individually.

9. Defendant Officer M. Kelly, whose surname is currently
known, is a police officer employed by the City of Chicago,
and was at all times relevant to the facts alleged in this
complaint, acting within the scope of their employment and
under color of law. Defendant officer Kelly is being sued

individually.

10. Defendant Officer Raymond F. McCann, Star #13127 whose

surname is currently known, is a police officer employed by


Illinois. Willie Marlow, Sr., is the father of Willie

Marlow Jr., and Anthony Williams.

3. Defendant Officer Richard Barber, Star #17969 whose
surname is currently known, is a police officer employed by
the City of Chicago, and was at all times relevant to the
facts alleged in this complaint, acting within the scope of
their employment and under color of law. Defendant officer

Barber is being sued individually.

4. Defendant Officers Mark L. Hein, #19700 whose surname
is currently known, is a police officer employed by the
City of Chicago, and was at all times relevant to the facts
alleged in this complaint, acting within the scope of their
employment and under color of law. Defendant Officer Hein

is being sued individually.

5. Defendant Officer Juan Hernandez, Star, #6661 whose
surname is currently known, is a police officer employed by
the City of Chicago, and was at all times relevant to the
facts alleged in this complaint, acting within the scope of
their employment and under color of law. Defendant Officer

Hernandez is being sued individually.

6. Defendant Officer Herrara, whose surname is currently
known, is a police officer employed by the City of Chicago,

and was at all times relevant to the facts alleged in this


wantonly, $15,000 in punitive or exemplary damages, plus

costs for the battery against him.

COUNT VIII
(Malicious Prosecution under Illinois Law)

1-24. Plaintiff Willie Marlow, Sr. alleges and
realleges paragraphs 1 through 24 as though fully set forth
herein.

25. The above prosecution was initiated by the
defendants to cover up the unjustifiable beating of
Plaintiffs Willie Marlow, Jr., and Anthony Williams.

26. The defendants signed complaints against
Plaintiff which began the prosecution of him. Defendants
further gave false statements against Plaintiff to the
prosecution.

27. The unjustifiable prosecution was resolved in the
Plaintiff's behalf and, therefore, said prosecution was in

violation of the Illinois law.

28. The unjustifiable prosecution of the Plaintiff was
done willfully and wantonly and was the direct and
proximate cause of the physical and mental injuries

suffered by the Plaintiff.

WHEREFORE, Plaintiff Willie Marlow, Sr. seeks $25,000
in actual or compensatory damages against each Defendant

officers Hein and Stella individually and because they



proximate cause of the physical and mental injuries

suffered by the Plaintiff.

WHEREFORE, Plaintiff Anthony Williams seeks $25,000 in
actual or compensatory damages against each Defendant
officers Hein and Stella individually and because they
acted maliciously, willfully and/or wantonly, Plaintiff
demands $15,000 in punitive damages against each defendant

officer.

COUNT XI
(Supplemental State Law Claim for Intentional Infliction of
Emotional Distress)

1-24. Plaintiff William Marlow, Sr., alleges and
realleges paragraphs 1 through 24 as though fully set forth
herein.

25. Defendants Officers Hein and Stella intentionally
engaged in extreme and outrageous behavior against Willie
Marlow, Sr., including, but not limited to, unjustifiably
beating and detaining his sons Willie Marlow Jr. and
Anthony Williams in front of him, causing him mental
injuries.

26. Defendants Officers Hein and Stella are liable
for the intentional infliction of emotional distress
because it was proximately caused by their actions as set

forth above.