PRAYER FOR RELIEF

WHEREFORE, the United States prays that this Court:

1,

Respectfylly

Grant judgment in favor of the Plaintiff and declare that Defendants violated Title II of
the Americans with Disabilities Act of 1990 ("ADA"). Pursuant to Title II of the
Americans with Disabilities Act (ADA), 42 U.S.C. 12131-12134, and Section 504 of the
Rehabilitation Act of 1973 (Section 504).

Enjoin Defendants, their officers, agents, employees, and all others in concert or
participation with them, from engaging in discrimination against individuals with
disabilities, and specifically from failing to comply with Title II of the ADA.

Award compensatory damages, including damages for pain, suffering, and emotional
distress, to the Plaintiff. for injuries suffered as the result of Defendants’ violations of
Title II of the ADA and Section 504 of the Rehabilitation Act of 1973.

Assess a civil penalty against Defendants, pursuant to 42 U.S.C. § 12188(b) (2)(C), to
vindicate the public interest; and

Order such other appropriate relief as the interests of justice may require.

submiffed this 28th day of July, 2020.

RIA C. McKENZIE


IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF . RE
Northern Division Cc E 1 V E
D
Victoria C. McKenzie, JUL 3 0 02
0
Plaintiff, cunki OMS. 8 BRUTON
v. *S OSTrasr COURy
Illinois Department of Children and Family Services
Pedro Mendoza
Michelle Bunch
Kassie Lumsden ,, Civil Action: 20-50249
Tamara Schrader .
Jaclyn Rogers i

Jeanette Stender

17th Judicial Circuit Court of the State of Illinois
Stephen E. Balogh

Mary Linn Green

Vella & Lund

David Vella

Office of the State’s Attorney, Winnebago County
Paul Carpenter

Pam Wells

Winnebago County CASA

Tina Rippy

Clifford Ward

Janet Ahern

Winnebago County Court Administration
Thomas Jakeway

Michael Smith

Winnebago County

Defendants.
AMENDED COMPLAINT AND REQUEST FOR JURY TRIAL

Plaintiff Victoria C. McKenzie alleges as follows:


INTRODUCTION

1. This is an action brought by Victoria C. McKenzie to enforce Title II of the Americans with
Disabilities Act of 1990 ("ADA"). Pursuant to Title II of the Americans with Disabilities Act
(ADA), 42 U.S.C. 12131-12134, and Section 504 of the Rehabilitation Act of 1973 (Section
504), 29 U.S.C. 794 the defendants perpetrated several hundreds of deliberate and intentional
discriminatory and retaliatory acts against the Plaintiff.

2. The United States seeks declaratory and injunctive relief, compensatory damages, a civil
penalty against Defendants pursuant to 42 U.S.C. § 12188(a)(1) and (a)(2)

JURISDICTION

3. The Court has jurisdiction over this action pursuant to 42 U.S.C. §§ 12188(a)(1) and (a)(2) and
28 U.S.C. §§ 1331. The Court may grant declaratory and other relief pursuant to 28 U.S.C. §§
2201 and 2202.

4. Venue lies in this District and this Division pursuant to 28 U.S.C. § 1391 due the
discriminatory and retaliatory acts giving rise to this action occurred at locations in and around
Winnebago and Jo Daviess County, IL, as well as, at least one defendant residing within the
judicial district.

FACTUAL ALLEGATIONS

5. The plaintiff is a forty-nine year old woman. When she was thirty-six years old, she was
involved in a major motor vehicle accident which resulted in residual conditions including an
auditory processing disorder, degenerative disc disease, debilitating migraines, anxiety, panic
attacks, severe arthritis throughout her entire skeletal system, balance issues, severe nausea and
vomiting, neurogenic bladder, stiff person syndrome and Postural orthostatic tachycardia
syndrome. The manifestations of the plaintiffs conditions include, but not limited to, joint pain,
fatigue, limping, dehydration, inability to stand for long periods of time, nausea and vomiting.

6. The plaintiff is an individual with a disability within the meaning of 42 U.S.C. § 12102.

7. On a multitude of occasions the plaintiff was discriminated against for having disabilities by
the defendants.


8. On multiple occasions the plaintiff was denied reasonable accomodations, including, but not
limited to: closed captioning tv, documentation provided prior to meetings, communication in
writing, occuring in a variety of settings, including, but not limited to meetings, court hearings,
that had prior approval These accommodations had been utilized on many different occasions
and/or had been recommended by treating facilities, which caused the plaintiff to not be able to
accurately follow along, feeling lost and helpless, and missing important information.

9. On a multitude of occasions the plaintiff was subjected to retaliatory behavior by the
defendants for advocating for my assertion of my ADA rights and/or filing complaints regarding
their behaviors.

10. On a multitude of occasions the plaintiff was required to financially provide for
transportation and other costs, although was deemed indigent, due to her disability, by the court.
Policy dictated the defendants were responsible to provide transportation and other associated
costs due to the plaintiff's disabilities and financial constraints.

11. On a multitude occasions the defendants referred to the plaintiff's disabilities in derogatory
terms and/or denied she had disabilities which caused her to feel embarrassment. shame, and
worthlessness.

12. On multiple occasions the Respondents referred to my disabilities in derogatory terms which
caused me to feel embarrassment. shame, and worthlessness.

13. The plaintiff has been denied access to records to provide this court with specific dates. She
has exhausted all methods, including but not limited to issuing and serving subpoenas to the
defendants, requesting transcripts, requesting records from former court appointed attorney,
through FOIA requests and the ability to view her own files

14. Due to the systematic failures and extensive discriminatory behavior of the defendants the
plaintiff has not had a visit with her daughter in a year, although several nationally recognized
therapists have reported to the court that the plaintiff is of no danger to her child and has gone
above and beyond to provide a loving and caring home for her. Family reunification, except in
unusual and extreme circumstances, is the primary plan for most children.

CLAIM FOR RELIEF

27. Plaintiff incorporates herein the allegations contained in Paragraphs 1- 14.

28. Defendants discriminated on the basis of disability in violation of Title II of the
ADA, Victoria C. McKenzie suffered damages as a result of Defendants’ violations
of the “ADA” and Section 504 of the Rehabilitation Act of 1973.