IN 7HE 8NI7ED S7A7ES DIS7RIC7 CO8R7

FOR 7HE OF 7HE NOR7HERN DIS7RIC7 OF ILLINOIS

EAS7ERN DI9ISION

S]ilYia I. Kruss; )

Petitioner, )

)

Ys. ) No. 20-CV-3097

)

Judge Karen M. Wilson, )

DuPage Count\ Sheriff·s Office; )

DuPage Deput\ Sheriffs A, B, C, D, E; )

Respondents. )

AMENDED COMPLAIN7

NO: COMES the Plaintiff, S]ilYia Kruss, b\ her attorne\, Jason R.

Craddock, and amending her complaint originall\ filed pro Ve against Defendants on

Ma\ 11, 2020 (the postmark date3see E[hibit 13per this Court·s THIRD

AMENDED GENERAL ORDER 20-0012 dated April 24, 2020 ( ́GiYen the public

health emergenc\ and the current inabilit\ of the Clerk·s Office to process mail in

the ordinar\ course, if a filing is mailed b\ a non-prisoner, the filing date shall be

deemed to be the postmark date, subject to an\ part\·s right to moYe that a different

date be usedμ), states as folloZs:

1. This is a ciYil rights action brought pursuant to 42 U.S.C.  1983 challenging

the actions of Defendants Judge Karen M. Wilson (hereafter,  ́Wilsonμ) and the

DuPage Count\ Sheriff·s Office (hereafter  ́DCSOμ), and its agents, Officers A, B, C,

and D, Zith respect to unlaZful detention of Plaintiff, and seeking a declaration

that the Defendant Officers· actions (pursuant to orders from Wilson lacking

jurisdiction) in sei]ing her and detaining her in a public courtroom for 4 hours in

front of man\ people Zithout alloZing her an\ phone calls Yiolated her Fourth and

Fourteenth Amendment rights under the United States Constitution, and damages

1

Case: 1:20-cv-03097 Document #: 13 Filed: 11/20/20 Page 1 of 6 PageID #:41
to Plaintiff for the same.

2. Plaintiff Zas a resident of Will Count\ at the time of the eYents in question.

3. All Defendants are state actors Zhose jurisdiction is limited to and in

DuPage Count\, Illinois.

4. Venue is thus proper in this Court, and jurisdiction is proper in this Court,

Zhich has jurisdiction oYer the subject matter of this dispute, Zhich arises under 42

U.S.C. 1983, b\ Yirtue of this Court·s federal question jurisdiction conferred b\ 28

U.S.C. 1331.

5. On Ma\ 9, 2018, Judge Karen M. Wilson of the eighteenth judicial circuit

court of DuPage Count\ ordered incarceration for SZILVIA due to her refusal to

sign a medical release regarding her minor daughter·s medical records for the

Guardian Ad Litem (GAL) in her diYorce case, Kim DiGioYanni. Upon her refusal,

Judge Karen M. Wilson, ordered SZILVIA to be arrested and detained until her

trial in the afternoon, and ordered the GAL to pick up the minor from Will Count\

(outside of the court·s jurisdiction) and bring her to court in DuPage Count\.

6. SZILVIA Zas concerned about her minor child·s safet\ and rights under

HIPAA, and thus, she did not sign the document (Zhich actuall\ the GAL

DiGioYanni had access to alread\).

7. Instead of arresting SZILVIA, and transferring her to the DuPage Count\

Jail, and alloZing her a phone call, she Zas handcuffed and left in the courtroom for

4 hours, Zithout basic necessities, unable to talk priYatel\ to her attorne\ at the

time, Ms. Nejla Lane, and unable to call her husband or her emplo\er.

2

Case: 1:20-cv-03097 Document #: 13 Filed: 11/20/20 Page 2 of 6 PageID #:42
8. The DuPage Count\ Sheriff·s deputies· refusal to take S]ilYia to the DuPage

Count\ Jail Zas based upon Judge Wilson·s refusal to transfer S]ilYia there.

9. S]ilYia Zas alloZed to go to the restroom onl\ once and in handcuffs, and this

Zas cruel and inhumane as other litigants filled the courtroom Zitnessed the same,

and she Zas humiliated.

10. She Zas not alloZed to speak to her husband or her emplo\er as she Zas

missing important meetings, thereb\ endangering her job.

11. MOREOVER, Zhile SZILVIA Zas handcuffed and sitting in the courtroom

Zaiting for her trial in the afternoon, Judge Karen M. Wilson Zas holding Court

Zith other litigants in the room.

12. Judge Wilson·s order to retrieYe the child from another count\, Zhich

inYolYed detaining and humiliating SZILVIA against her Constitutional rights, Zas

lacking in jurisdiction, thus making it an act not immune from liabilit\.

13. Despite SZILVIA especiall\ signing the release, her child Zas neYer returned

to her custod\ (from Zhich she Zas taken for refusing to sign the release).

Count I: Fourth and Fourteenth Amendment Violations: All Defendants

14. Plaintiff re-alleges and incorporates b\ reference the allegations in

paragraphs 1- 13 aboYe.

15. Defendant illegall\ sei]ed Plaintiff and detained her in the courtroom,

pursuant to an order lacking in jurisdiction (Judge Wilson·s order to retrieYe the

child from another count\, outside of her jurisdiction, thus making it an act not

immune from liabilit\).

16. Defendants· actions Yiolated Plaintiff·s Fourth Amendment rights faciall\ and

as applied.

3

Case: 1:20-cv-03097 Document #: 13 Filed: 11/20/20 Page 3 of 6 PageID #:43
17. Plaintiff suffered damages from the 4 hours of detention, including emotional

distress and humiliation.

 Count II: Indemnification Pursuant to 745 ILCS 10/9-102: DuPage Count\ Sheriff·s

Office

18. Plaintiff realleges all aboYe paragraphs and incorporates them into this

Count.

19. Pursuant to the Illinois Tort Immunit\ Act, 745 ILCS 10/9-102, the DuPage

Count\ Sheriff·s Office is liable for an\ judgments in this case arising from an\

indiYidual Defendant·s actions that are found to be Zillful and Zanton, and

committed in the scope of emplo\ment.

:HEREFORE, Plaintiff, S]ilYia Kruss, respectfull\ requests that this

Honorable Court enter an Order:

A. Enter judgment against Karen M. Wilson and the DuPage Count\ Sheriff·s

Office and Deputies A-E, including compensator\ and e[emplar\ damages; and

B. Granting an\ other relief this Court deems just and equitable.

Respectfull\ Submitted,

s/Jason R. Craddock

Jason R. Craddock

LaZ Office of Jason R. Craddock

2021 MidZest Rd., Suite 200

Oak Brook, IL 60523

Phone: 708-964-4973

Email: craddocklaZ@icloud.com

 or cradlaZ1970@gmail.com

4

Case: 1:20-cv-03097 Document #: 13 Filed: 11/20/20 Page 4 of 6 PageID #:44
From: Szilvia Kruss szilvia.kruss@gmail.com

Subject: Fwd: Pro Se Filing in New Case

Date: June 4, 2020 at 3:57 PM

To: Jason Craddock cradlaw1970@gmail.com

---------- Forwarded message ---------

From: Szilvia Kruss <szilvia.kruss@gmail.com>

Date: Thu, Jun 4, 2020 at 3:48 PM

Subject: Pro Se Filing in New Case

To: <Temporary_EFiling@ilnd.uscourts.gov>

Dear Clerk,

This new filing was mailed with Priority Mail on 5/11/2020 with tracking number 9405503699300372715693.

Tracking from USPS indicated that it was forwarded on May 13th, but it does not state where to?

USPS did not have any otherr return or forwarding postage information.

I am attaching the original filing for this case, and I would like to keep the 5/11/20 date for filing in case the original filing cannot be

found?

Name: Szilvia Kruss

Address: 15963 S. Arbor Dr. Plainfield, IL 60586

Phone Number: 815-715-0930

Sincerely,

Szilvia

2018 

FEDERAL.pdf

Exhibit 1

xxxxxxxxxxxxx

Case: 1:20-cv-03097 Document #: 13 Filed: 11/20/20 Page 5 of 6 PageID #:45
9ERIFICA7ION B< CER7IFICA7ION

Under penalties as proYided b\ laZ pursuant to the laZs of the United States

of America, the undersigned certifies that the statements set forth in this

instrument are true and correct, e[cept as to matters therein stated to be on

information and belief and as to such matters the undersigned certifies as aforesaid

that she Yeril\ belieYes the same to be true.

S]ilYia I. Kruss

5

Case: 1:20-cv-03097 Document #: 13 Filed: 11/20/20 Page 6 of 6 PageID #:46