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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

DEMETRIUS JOHNSON, 

 

Plaintiff, 

v.

REYNALDO GUEVARA, the ESTATE of 

ERNEST HALVERSON, DARRYL DALEY, 

WILLIAM ERICKSON, JOHN HEALY, and 

the CITY OF CHICAGO

Defendants. 

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Case No. 20 cv 4156 

 Judge Sara L. Ellis 

Magistrate Judge Heather K. McShain

JURY TRIAL DEMANDED

 

PLAINTIFF’S MOTION FOR LEAVE TO FILE PARTIAL MOTION FOR SUMMARY 

JUDGMENT

Pursuant to Federal Rule of Civil Procedure 56 and this Court’s Rules, Plaintiff 

DEMETRIUS JOHNSON, through counsel, hereby moves for leave to file a motion for partial 

summary judgment on his Brady claim against Defendant Guevara. In support of his motion, 

Plaintiff states as follows:

1. Pursuant to the Court’s standing order on summary judgment motions, on July 19, 

2022, Plaintiff informed Defendant Guevara of his intention to file a motion for partial summary 

judgment on his Brady claim. Plaintiff’s letter included a proposed joint statement of fact and 

requested a conference to discuss the motion per the Court’s rules. See Exhibit A (Letter & 

Proposed Joint Statement of Fact). 

2. As outlined in Plaintiff’s letter, Plaintiff has strong evidence to support a grant of 

partial summary judgment against Guevara. Johnson served 13 years in prison for a 1991 murder 

and attempted murder. The original suspect in the case, Bryan Johns, was placed in a lineup the 

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night of the crimes and was identified by an eyewitness named Aby Gonzalez, as documented in 

a lineup report by Defendant William Erickson. Defendant Reynaldo Guevara wrote a different 

lineup report, which stated the contrary—that Gonzalez had not identified Johns, which was later 

disclosed to the prosecution and defense. At trial, Guevara testified consistent with his lineup 

report, and contrary to Erickson’s lineup report: that Gonzalez had not identified Johns. 

Former Cook County Judge Kevin Sheehan, who was the trial prosecutor, and Johnson’s 

criminal defense attorneys, former Cook County Judge Deborah Gubin and now-federal 

Magistrate Judge Ruth Miller, all testified unequivocally in their civil depositions that Erickson’s 

lineup report was not disclosed to them. Johnson’s criminal defense attorneys also testified that 

had Erickson’s lineup report been disclosed, the defense would have impeached Guevara’s 

testimony at trial that no witnesses had identified Johns in the lineup the night of the shooting. In 

addition, the Erickson lineup report would have strongly supported Johnson’s defense that the 

real perpetrator was Johns. In sum, Erickson’s lineup report would have prevented—and 

certainly would have undermined confidence in—Johnson’s conviction.

3. On August 9, 2022, counsel for all Defendants and Plaintiff’s counsel participated 

in a telephone conference. There, the Defendants stated that they believed Plaintiff’s motion 

was premature and they refused to confer on the substance of the motion or the proposed joint 

statement of facts unless and until the Court granted Plaintiff leave to file a summary judgment 

motion.

4. Although Plaintiff strongly disagrees with Defendants’ position—he has followed 

this Court’s order on summary judgment motions, which does not preclude the early resolution 

of undisputed claims—in the spirit of cooperation, Plaintiff now seeks leave to file his motion.

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5. Plaintiff also notes that the current fact discovery deadline in this case is October 

27, 2022. See Dkt. 163. In the last joint status report, the parties disagreed as to the expert 

discovery schedule and the deadline by which to file dispositive motions. Defendants seek 

nearly 12 months for expert discovery and that a dispositive motion deadline be set after the 

close of expert discovery. See Dkt. 162. 

6. In addition to the strong evidence noted above warranting leave for Plaintiff to 

file his motion, Plaintiff notes that the Court could resolve the summary judgment motion far 

sooner than Defendants’ proposed expert and dispositive motion schedule, which would 

streamline the issues, and possibly facilitate an earlier resolution of this matter. 

WHEREFORE, Plaintiff respectfully requests this Court grant him leave to file his 

motion for partial summary judgment on his Brady claim against Defendant Guevara, direct 

Defendants to participate in the meet and confer process regarding the joint statement of fact, as 

contemplated by the court’s case procedure orders, and grant any additional relief the Court 

deems just and proper. 

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RESPECTFULLY SUBMITTED,

/s/ Danielle Hamilton 

Counsel for Plaintiff 

Arthur Loevy 

Jon Loevy 

Danielle Hamilton

Anand Swaminathan 

Steven Art

Rachel Brady

Isabella Aguilar

Sean Starr

Joshua Tepfer 

LOEVY & LOEVY

311 N. Aberdeen 

Chicago, Illinois 60607 

(312) 243-5900 

hamilton@loevy.com 

CERTIFICATE OF SERVICE

I, Danielle Hamilton, an attorney, certify that on August 10, 2022, I filed the foregoing 

pleading using the Court’s CM/ECF system, which effected service on all counsel of record. 

/s/ Danielle Hamilton 

One of Plaintiff’s Attorneys

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