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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION

MARXAVIER SMITH, )

)

Plaintiff, )

)

vs. )

)

PETER TOLEDO, MATEUSZ JASINSKI, )

DAVID ROLDAN, JONATHON GUZMAN, )

ERNESTO AMPARAN, DANIEL DOHERTY, )

ANDRES LIZARZABURO, JESSE OEINCK, )

KYLE LANG, EMMANUEL ZAMBRANO, )

KEVIN O’BRIEN, and CITY OF CHICAGO, )

)

)

Defendants. ) JURY TRIAL DEMANDED

COMPLAINT

NOW COMES the Plaintiff, MARXAVIER SMITH, by and through his attorney, GIGI 

GILBERT, and complaining of Defendants, PETER TOLEDO, MATEUSZ JASINSKI, DAVID 

ROLDAN, JONATHON GUZMAN, ERNESTO AMPARAN, DANIEL DOHERTY, ANDRES 

LIZARZABURO, JESSE OEINCK, KYLE LANG, EMMANUEL ZAMBRANO, KEVIN 

O’BRIEN and CITY OF CHICAGO, allege as follows: 

NATURE OF THE CASE

1. This suit arises from the violation of civil rights of Plaintiff, MARXAVIER 

SMITH, for illegal seizure, false arrest, and illegal detention in violation of Title 42 U.S.C. § 

1983 and state law claims for malicious prosecution, respondent superior and indemnification. 

JURISDICTION

2. This action is brought pursuant to 42 U.S.C. § 1983 Jurisdiction is based upon 28 

U.S.C. §§ 1331, 1332 and 1367. The Court has supplemental jurisdiction over the state law 

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claims pursuant to 28 U.S.C. § 1367 because the state law claims are so related to the federal 

claims that they form part of the same case or controversy under Article III of the United States 

Constitution.

VENUE

3. The violation of civil rights alleged herein was committed within the Northern 

District of Illinois to wit: County of Cook, CITY OF CHICAGO. This action properly lies in the 

United States District Court, Northern District of Illinois, Eastern Division. 

PARTIES

4. Plaintiff, MARXAVIER SMITH, (“SMITH”), is a 24 year old African American 

male who resides in Chicago, Illinois located in the Northern District of Illinois. 

5. Defendants, PETER TOLEDO (“TOLEDO”), MATEUSZ JASINSKI

(“JASINSKI”), DAVID ROLDAN (“ROLDAN”), JONATHON GUZMAN (“GUZMAN”), 

ERNESTO AMPARAN (“AMPARAN”), DANIEL DOHERTY (“DOHERTY”), ANDRES 

LIZARZABURO (“LIZARZABURO”), JESSE OEINCK (“OEINCK”), KYLE LANG 

(“LANG”), EMMANUEL ZAMBRANO (“ZAMBRANO”) and KEVIN O’BRIEN 

(“O’BRIEN”) were at all times relevant hereto, employed by the Chicago Police Department, an 

agent of the CITY OF CHICAGO and acting under color of state law. The CITY OF CHICAGO

is a municipal corporation. 

BACKGROUND

6. On May 25, 2018, Plaintiff, SMITH, along with his passenger, were driving 

northbound in the area of 1450 N. Long Avenue in the CITY OF CHICAGO. 

7. Plaintiff, SMITH, was not committing any traffic or equipment violations at the 

time of the illegal stop and seizure.

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8. Defendant, TOLEDO, a sergeant who was driving an unmarked SUV, stopped 

and/or seized SMITH’s vehicle approximately six blocks away for an alleged failure to stop at 

stop sign.

9. After the illegal stop, Defendants, TOLEDO, JASINSKI, ROLDAN, GUZMAN 

AMPARAN, DOHERTY, LIZARZABURO, OEINCK, LANG, ZAMBRANO, and O’BRIEN 

illegally searched SMITH’s vehicle without SMITH’s consent or probable cause.

10. After the illegal stop, Defendants, TOLEDO, JASINSKI, ROLDAN, GUZMAN 

AMPARAN, DOHERTY, LIZARZABURO, OEINCK, LANG, ZAMBRANO, and O’BRIEN 

falsely arrested SMITH without probable cause alleging that he had a gun under his driver’s seat 

and controlled substances in his vehicle. 

11. SMITH was charged with Armed Habitual Criminal, four counts of Aggravated 

UUW, two counts of Felon Possession/Use of a Firearm, and Other Amount Narcotics. 

12. SMITH remained in custody, illegally detained, based on the false charges from 

May 25, 2018 until March 18, 2020 when all of the charges were nolle prosequi by the Cook 

County State’s Attorney’s Office and SMITH was released from custody.

COUNT I - 42 U.S.C. § 1983 – ILLEGAL SEIZURE

13. Each of the foregoing Paragraphs is incorporated as if restated fully herein. 

14. On or about May 25, 2018 Defendant TOLEDO illegally seized SMITH by 

stopping his vehicle without probable cause that he was committing any traffic violations or 

other crimes.

15. Defendant, TOLEDO violated Plaintiff, SMITH’s Fourth Amendment rights 

under the United States Constitution to be free from illegal seizure in violation of 42 U.S.C. § 

1983. 

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16. Defendant, TOLEDO’s illegal seizure of SMITH was done with malice and/or 

reckless indifference to his federally protected rights. 

17. As a direct and proximate result of Defendant TOLEDO’S actions, SMITH, 

suffered and continues to suffer mental anguish, psychological and emotional distress, pain and 

suffering, economic losses, some or all of which may be permanent. 

WHEREFORE, Plaintiff, MARXAVIER SMITH, prays that this Honorable Court enter a 

judgment in his favor and against Defendant, DAVID ROLDAN, for the following relief: 

(a) Compensatory damages in an amount to be determined at trial; 

(b) Punitive damages in the amount to be determined at trial; 

(c) Reasonable attorneys’ fees and costs; and 

(d) Such other and further relief as this court deems reasonable. 

COUNT II – 42 U.S.C. § 1983 – ILLEGAL SEARCH

18. Each of the foregoing Paragraphs is incorporated as if restated fully herein. 

19. After Defendant TOLEDO illegally stopped and seized SMITH’s vehicle the 

sergeant called for backup. Defendants, JASINSKI, ROLDAN, GUZMAN, AMPARAN, 

DOHERTY, LIZARZABURO, OEINCK, LANG, ZAMBRANO, and O’BRIEN responded to 

assist.

20. Without the consent of SMITH or probable cause Defendants, TOLEDO,

JASINSKI, ROLDAN, GUZMAN, AMPARAN, DOHERTY, LIZARZABURO, OEINCK, 

LANG, ZAMBRANO, and O’BRIEN ordered SMITH and his passenger to exit the vehicle and 

illegally searched the vehicle while they detained SMITH and his passenger. 

21. Defendants, TOLDEO, JASINSKI, ROLDAN, GUZMAN, AMPARAN, 

DOHERTY, LIZARZABURO, OEINCK, LANG, ZAMBRANO, and O’BRIEN violated 

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Plaintiff, SMITH’s Fourth Amendment rights under the United States Constitution to be free 

from illegal searches and seizures in violation of 42 U.S.C. § 1983. 

22. Defendants, TOLEDO, JASINSKI, ROLDAN, GUZMAN, AMPARAN, 

DOHERTY, LIZARZABURO, OEINCK, LANG, ZAMBRANO, and O’BRIEN’s illegal search 

of SMITH’s vehicle was done with malice and/or reckless indifference to his federally protected 

rights. 

23. As a direct and proximate result of Defendants TOLEDO, JASINSKI, ROLDAN, 

GUZMAN, AMPARAN, DOHERTY, LIZARZABURO, OEINCK, LANG, ZAMBRANO, and 

O’BRIEN’S actions, SMITH, suffered and continues to suffer mental anguish, psychological and 

emotional distress, pain and suffering, economic losses, some or all of which may be permanent. 

WHEREFORE, Plaintiff, MARXAVIER SMITH, prays that this Honorable Court enter a 

judgment in his favor and against Defendants, PETER TOLEDO, MATEUSZ JASINSKI, 

DAVID ROLDAN, JONATHON GUZMAN, ERNESTO AMPARAN, DANIEL DOHERTY, 

ANDRES LIZARZABURO, JESSE OEINCK, KYLE LANG, EMMANUEL ZAMBRANO, and 

KEVIN O’BRIEN, for the following relief: 

(a) Compensatory damages in an amount to be determined at trial; 

(b) Punitive damages in the amount to be determined at trial; 

(c) Reasonable attorneys’ fees and costs; and 

(d) Such other and further relief as this court deems reasonable.

COUNT III – 42 U.S.C. § 1983 – ILLEGAL DETENTION

24. Each of the foregoing Paragraphs is incorporated as if restated fully herein. 

25. After Defendant TOLEDO illegally stopped and Defendants, TOLEDO, 

JASINSKI, ROLDAN, GUZMAN, AMPARAN, DOHERTY, LIZARZABURO, OEINCK, 

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LANG, ZAMBRANO, and O’BRIEN illegally searched SMITH’s vehicle the Plaintiff was 

arrested and charged with the above offenses. 

26. SMITH remained in custody without a bond unreasonably detained or seized 

without probable cause to believe that he committed these offenses from May 25, 2018 until 

March 18, 2020 when all of the charges were nolle prosequi by the Cook County State’s 

Attorney’s Office.

27. Defendants, TOLDEO, JASINSKI, ROLDAN, GUZMAN, AMPARAN, 

DOHERTY, LIZARZABURO, OEINCK, LANG, ZAMBRANO, and O’BRIEN violated 

Plaintiff, SMITH’s Fourth Amendment rights under the United States Constitution to be free 

from illegal and unreasonable detention in violation of 42 U.S.C. § 1983. 

28. Defendants, TOLEDO, JASINSKI, ROLDAN, GUZMAN, AMPARAN, 

DOHERTY, LIZARZABURO, OEINCK, LANG, ZAMBRANO, and O’BRIEN’s illegal and 

unreasonable detention of SMITH was done with malice and/or reckless indifference to his 

federally protected rights. 

29. As a direct and proximate result of Defendants TOLEDO, JASINSKI, ROLDAN, 

GUZMAN, AMPARAN, DOHERTY, LIZARZABURO, OEINCK, LANG, ZAMBRANO, and 

O’BRIEN’S actions, SMITH suffered and continues to suffer mental anguish, psychological and 

emotional distress, pain and suffering, economic losses, some or all of which may be permanent. 

WHEREFORE, Plaintiff, MARXAVIER SMITH, prays that this Honorable Court enter a 

judgment in his favor and against Defendants, PETER TOLEDO, MATEUSZ JASINSKI, 

DAVID ROLDAN, JONATHON GUZMAN, ERNESTO AMPARAN, DANIEL DOHERTY, 

ANDRES LIZARZABURO, JESSE OEINCK, KYLE LANG, EMMANUEL ZAMBRANO, and 

KEVIN O’BRIEN, for the following relief: 

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(a) Compensatory damages in an amount to be determined at trial; 

(b) Punitive damages in the amount to be determined at trial; 

(c) Reasonable attorneys’ fees and costs; and 

(d) Such other and further relief as this court deems reasonable.

COUNT IV -MALICIOUS PROSECUTION-STATE LAW

30. Defendant, ROLDAN, in conjunction with the other Defendants TOLEDO, 

JASINSKI, GUZMAN, AMPARAN, DOHERTY, LIZARZABURO, OEINCK, LANG, 

ZAMBRANO, and O’BRIEN commenced and/or continued criminal proceedings against

SMITH by charging him with Armed Habitual Criminal, four counts of Aggravated UUW, two 

counts of Felon Possession/Use of a Firearm, and Other Amount Narcotics in the Circuit Court 

of Cook County, Illinois. 

31. Defendants did not have probable cause or legal justification to commence or 

continue these criminal proceedings against SMITH. 

32. On March 18, 2020 the criminal proceedings were resolved in SMITH’ favor in 

that all of the charges were nolle prosequi by the Cook County State’s Attorney’s Office. 

33. As a direct and proximate result of Defendants’ actions, Plaintiff, SMITH

suffered and continues to suffer mental anguish, psychological and emotional distress, pain and 

suffering, and economic losses, some or all of which may be permanent. 

WHEREFORE, Plaintiff, MARXAVIER SMITH, prays that this Honorable Court enter a 

judgment in their favor and against Defendants, PETER TOLEDO, MATEUSZ JASINSKI, 

DAVID ROLDAN, JONATHON GUZMAN, ERNESTO AMPARAN, DANIEL DOHERTY, 

ANDRES LIZARZABURO, JESSE OEINCK, KYLE LANG, EMMANUEL ZAMBRANO, and 

KEVIN O’BRIEN, for the following relief: 

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(a) Compensatory damages in an amount to be determined at trial; 

(b) Punitive damages in the amount to be determined at trial; 

(c) Such other and further relief as this court deems reasonable. 

COUNT V -RESPONDEAT SUPERIOR- STATE LAW

34. Each of the foregoing Paragraphs is incorporated as if restated fully herein.

35. In committing the acts described in the preceding paragraphs, Defendants, 

TOLEDO, JASINSKI, GUZMAN, AMPARAN, DOHERTY, LIZARZABURO, OEINCK, 

LANG, ZAMBRANO, and O’BRIEN were members and agents of the Chicago Police 

Department an agent of the CITY OF CHICAGO and acting at all relevant times within the 

scope of their employment. 

36. Defendant, CITY OF CHICAGO, is liable as principal for all torts committed by 

its agents. 

WHEREFORE, Plaintiff, MARXAVIER SMITH, prays that this Honorable Court enter a 

judgment in his favor and against Defendant, CITY OF CHICAGO for the following relief: 

(a) Compensatory damages in an amount to be determined at trial; 

(b) Reasonable attorney’s fees and costs; and

(c) Such other and further relief as this court deems reasonable. 

COUNT VI- INDEMNIFICATION- STATE LAW

37. Each of the foregoing Paragraphs is incorporated as if restated fully herein.

38. Illinois law provides that public entities are directed to pay any tort judgment for 

compensatory damages for which employees are liable within the scope of their employment 

activities. 

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39. Defendants, TOLEDO, JASINSKI, GUZMAN, AMPARAN, DOHERTY, 

LIZARZABURO, OEINCK, LANG, ZAMBRANO, and O’BRIEN, were employees of the 

Chicago Police Department an agent of the CITY OF CHICAGO, acting within the scope of 

their employment in committing the misconduct described herein. 

WHEREFORE, Plaintiff, MARXAVIER SMITH, prays that this Honorable Court enter a 

judgment in his favor and against Defendant, CITY OF CHICAGO for the following relief: 

(a) Compensatory damages in an amount to be determined at trial; 

(b) Reasonable attorney’s fees and costs; and

(c) Such other and further relief as this court deems reasonable. 

Respectively Submitted,

By: //s// Gigi Gilbert_______ 

Gigi Gilbert

Attorney for Plaintiff

53 W. Jackson, Suite #356 

Chicago, IL 60604

(312) 554-0000 

(312) 554-0015 fax

A.R.D.C.#: 6199394 

gigigilbert@gigigilbert.com

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