IN THE UNTED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JOHN M. MARSZALEK; et al. )

)

Plaintiffs, )

) 

v. ) 

)

BRENDAN F. KELLY, in his official )

capacity as Director of the Illinois State )

Police; et al. ) 

) No. 20-cv-4270

Defendants. )

__________________________________________)

)

BRUCE DAVIDSON, and SARAH ) Hon. Mary M. Rowland,

DAVIDSON, )

) presiding

Plaintiff-Intervenors )

)

v. )

)

BRENDAN F. KELLY, individually, acting )

under color of state law as Director of the )

Illinois State Police; and JESSICA TRAME, )

individually, acting under color of state law )

as Bureau Chief of the Illinois State Police )

Firearms Services Bureau, ) 

) 

Defendants in Intervention. )

MOTION FOR LEAVE TO FILE

AMENDED COMPLAINT IN INTERVENTION

NOW COME Bruce Davidson, pro se, and Sarah Davidson, by her 

attorney Bruce Davidson, Plaintiff-Intervenors (hereinafter “the Davidsons”), 

Case: 1:20-cv-04270 Document #: 89 Filed: 06/16/21 Page 1 of 4 PageID #:524
2

and make this their motion for leave to file an amended complaint herein. In 

support of their motion, the Davidsons state:

1. The Davidsons maintain their original pleading (R. 37) was in 

compliance with the Federal Rules of Civil Procedure, and stated a cause of 

action as set forth in their opposition to Defendants’ Motion to Dismiss; the 

Davidsons reserve the right to assert that position in subsequent 

proceedings, and do not waive that right by filing the instant motion, or – if 

granted leave to do so – an amended pleading.

2. The Davidsons’ original pleading was dismissed without prejudice, 

on grounds that it asserted claims in contravention of the Eleventh 

Amendment (R. 81).

3. The Davidsons now seek leave to file an amended pleading making 

clear that Defendants are not sued (in their “official capacities”) for actions 

taken in the lawful execution of official state policy. 

4. Instead, the proposed pleading is amended expressly to allege that 

Defendants purported to act in their official capacities, but in so doing were 

acting as individuals, and in fact violating official state policy; thus, 

Defendants acted only “under color of state law” (see, 42 USC § 1983). See, 

particularly, but not necessarily exclusively, the caption and ¶¶ 9-16 of the 

attached proposed amended complaint.

5. Undersigned contacted counsel for Defendants by e-mail on June 

15, 2021. Counsel advised that Defendants do not intend to oppose this 

Case: 1:20-cv-04270 Document #: 89 Filed: 06/16/21 Page 2 of 4 PageID #:525
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motion for leave to file an amended pleading, but – of course – will have the 

right to make appropriate response to the pleading if leave to file is granted. 

No attempt was made to contact other parties, as they have no interest in the 

disposition of this motion. 

WHEREFORE, Plaintiff-Intervenors Bruce Davidson and Sarah 

Davidson pray this Honorable Court will grant their motion for leave to file 

an amended complaint. 

Respectfully submitted, 

Bruce Davidson 

Sarah Davidson 

By______________________ 

 Bruce Davidson, pro se, 

 and attorney for Sarah 

 Davidson 

Bruce Davidson 

 ARDC Registration no. 0583057 

733 North Oak Street 

Hinsdale IL 60521 

630-947-3117 

Akivida@aol.com 

/s/

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4

 CERTIFICATE OF SERVICE

I, Bruce Davidson, an attorney, hereby certify that on June 16, 2021, a 

true and correct copy of the foregoing Motion for Leave to File Amended 

Complaint was electronically filed with the Clerk of the U.S. District Court of 

the Northern District of Illinois, Eastern Division, via its CM/ECF System 

and was electronically served to each person listed below: 

David G. Sigale, Esq. Mary A. Johnston, Esq. 

Law Firm of David G. Sigale, P.C. Office of the Illinois Attorney General 

799 Roosevelt Road, Suite 207 100 West Randolph Street, 13th Floor 

Glen Ellyn, IL 60137 Chicago, IL 60601 

630-452-4547 312-721-8734 

dsigale@sigalelaw.com mjohnston@atg.state.il.us 

Gregory A. Bedell, Esq. Jacob Huebert, Esq. 

Knabe & Bedell Scharf-Norton Center for 

33 North Dearborn Street Constitutional Litigation at the 

10th Floor Goldwater Institute 

Chicago, Illinois 60602 500 E. Coronado Rd. 

312-977-9119 Phoenix, AZ 85004 

gbedell@kkbchicago.com Telephone: 602-462-5000 

 jhuebert@goldwaterinstitute.org 

 litigation@goldwaterinstitute.org 

 

DATED: June 16, 2021 

 Bruce Davidson 

Bruce Davidson 

 ARDC Registration no. 0583057 

733 North Oak Street 

Hinsdale IL 60521 

630-947-3117 

Akivida@aol.com

/s/

Case: 1:20-cv-04270 Document #: 89 Filed: 06/16/21 Page 4 of 4 PageID #:527