IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

ROCKFORD DIVISION

DYLAN MITCHELL, DAYNA SCHULTZ, )

LARISSA WALSTON, MICHAEL RIGGS, )

and IVAN HOLLAND, individually and on )

behalf of all others similarly situated, )

)

Plaintiffs, )

)

v. ) 20 CV 50285

)

EUGENE G. DOHERTY, in his official )

capacity as the Chief Judge of the )

17th Judicial Circuit Court; )

GARY CARUANA, in his official capacity )

as the Sheriff of Winnebago County; and )

WINNEBAGO COUNTY, )

) Jury Trial Demanded

Defendants. )

)

CLASS ACTION COMPLAINT

Plaintiffs Dylan Mitchell, Dayna Schultz, Larissa Walston, Michael Riggs 

and Ivan Holland, individually and on behalf of all others similarly situated,

complain against Defendants Chief Judge of the 17th Judicial Circuit Court Eugene 

Doherty, Winnebago County Sheriff Gary Caruana, and Winnebago County as 

follows:

Nature of the Case

1. This is an action for money damages, declaratory relief and injunctive

relief brought pursuant to 42 U.S.C. § 1983. Plaintiffs, individually and on behalf of 

the class they seek to represent, allege violations of their rights under the Fourth 

Amendment of the United States Constitution.

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2. The 17th Judicial Circuit Court is responsible for conducting probable 

cause hearings for individuals arrested without a warrant and detained in 

anticipation of criminal court proceedings in Winnebago County. The 17th Judicial 

Circuit Court only conducts probable cause hearings for individuals arrested on 

felony charges on business days and does not make any arrangements for 

individuals arrested on weekends to be brought before a judge for a determination 

of probable cause to detain until the next regular business day.

3. Individuals who are arrested by any police department in Winnebago

County and held in custody in anticipation of criminal court proceedings are 

typically imprisoned in the Winnebago County Jail, located at 650 W. State Street, 

Rockford, Illinois (hereinafter “the Jail”). The Jail routinely holds individuals in 

custody over weekends and court holidays without a judicial determination of 

probable cause.

4. The policies of the 17th Judicial Circuit Court and the Jail routinely result 

in detainees’ being imprisoned for more than 48 hours without any judicial 

determination of probable cause in direct contravention of the Supreme Court’s 

mandate in County of Riverside v. McLaughlin, 500 U.S. 44, 57 (1991). 

5. At the time of the filing of this Complaint, named Plaintiffs Dylan 

Mitchell, Dayna Schultz, Larissa Walston, and Ivan Holland remain detained in the 

Winnebago County Jail more than 48 hours after their arrests without any judicial 

determination of probable cause.

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6. As set forth in more detail below, there are two parties responsible for the 

unlawful detentions of the Plaintiffs. 

(a) Defendant Eugene Doherty is the Chief Judge of the 17th Judicial 

Circuit Court. He has final responsibility for setting court schedules for 

all courts within the 17 Judicial Circuit, including the time and 

frequency of probable cause and bond hearings; and

(b) Defendant Gary Caruana is the Winnebago County Sheriff. As the 

Sheriff of Winnebago County, Caruna is the top official in charge of

administration and management of all operations of the Jail and has 

final authority to set policies regarding custody of pre-trial detainees 

at the Jail. 

Jurisdiction and Venue

7. Jurisdiction for Plaintiffs’ federal claims is based on 28 U.S.C. §§ 1331 and 

1343(a).

8. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b), in that the 

claims arose in this district as alleged below.

Parties

9. Plaintiff Dylan Mitchell is a 26-year-old resident of Rockford, Illinois.

10. Plaintiff Dayna Schultz is a 23-year-old resident of Rockford, Illinois.

11. Plaintiff Larissa Walston is a 23-year-old resident of Loves Park, Illinois.

12. Plaintiff Michael Riggs is a 20-year-old resident of South Beloit, Illinois.

13. Plaintiff Ivan Holland is a25-year-old resident of Rockford, Illinois.

14. Defendant Eugene Doherty is the Chief Judge of the 17th Judicial Circuit 

Court, which covers Winnebago County. Plaintiffs sue Chief Judge Doherty in his 

official capacity. Pursuant to Article VI, §7(c) of the Illinois Constitution, Chief 

Judge Doherty has general administrative authority over the operations of the 17th 

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Judicial Circuit Court. His constitutional authority includes the obligation to 

“provide for ... appropriate times and places of holding court.” Id. As the Chief 

Judge, Doherty has final authority to set court schedules for the 17th Judicial 

Circuit Court, including the dates, times and schedules for holding probable cause

hearings.

15. Defendant Gary Caruana is the Winnebago County Sheriff. Plaintiffs sue

Caruana in his official capacity. Pursuant to 55 ILCS 5/3-6017, Caruana has 

responsibility for the “custody and care” of the Winnebago County Jail. Caruana is 

the highest decision-maker with authority over the Jail, and he determines the 

policies of the Jail with respect to detainees’ custody and confinement.

16. Plaintiffs join Winnebago County, Illinois, pursuant to Carver v. Sheriff of 

LaSalle County, 324 F.3d 947 (7th Cir. 2003). The operations of the Jail and the 

17th Judicial Circuit Court are ultimately the financial responsibility of Winnebago 

County.

17. Count I is brought as a class action pursuant to Rule 23(b)(2) of the 

Federal Rules of Civil Procedure because Defendant Chief Judge Doherty has acted 

on grounds generally applicable to the class, thereby making appropriate final 

injunctive and declaratory relief with respect to the class as a whole on Count I of 

this Complaint. The named Plaintiffs seek to represent a class of similarly situated 

detainees who are currently (or will be in the future) detained at the Jail on a 

weekend and/or court holiday pending a judicial determination of probable cause in 

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the 17th Judicial Circuit Court. Plaintiffs seek injunctive and declaratory relief 

against Defendant Chief Judge Doherty on behalf of the class.

18. In Count II the named Plaintiffs seek compensatory damages against 

Defendant Sheriff Gary Caruana. 

Factual Allegations: Dylan Mitchell

19. On Friday, July 31, 2020, Plaintiff Dylan Mitchell attended a

demonstration organized by the May 30th Alliance in Rockford, Illinois. The May 

30th Alliance advocates on behalf of victims of police misconduct by the Rockford 

Police Department. Demonstrators were demanding that charges against Black 

Lives Matter demonstrators arrested after the police murder of George Floyd be

dropped.

20. At approximately 7:20 p.m., Rockford police arrested Plaintiff Mitchell. 

The arresting officers did not have a warrant calling for her arrest.

21. Plaintiff Mitchell was transported to the Winnebago County Jail.

22. At the time of this filing, Plaintiff Mitchell remains in custody. Mitchell

has been detained at the Jail in excess of 48 hours without any judicial 

determination of whether there is probable cause to detain.

23. The 17th Judicial Circuit Court did not hold probable cause hearings for 

individuals charged with felonies on Saturday, August 1, 2020, or Sunday, August 

2, 2020.

24. Plaintiff Mitchell’s first opportunity to appear before a judge will be 1:30 

p.m. on Monday, August 3, 2020—approximately 66 hours after her arrest.

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25. As a direct and proximate result of the acts of the Defendants described 

above, Plaintiff Mitchell suffered and continues to suffer damages including loss of 

physical liberty, physical pain and suffering, and emotional distress.

Factual Allegations: Dayna Schultz

26. On Friday, July 31, 2020, Plaintiff Dayna Schultz attended a Black Lives 

Matter demonstration organized by the May 30th Alliance in Rockford, Illinois.

27. At approximately 6:50 p.m., Rockford police arrested Plaintiff Schultz. The 

arresting officers did not have a warrant calling for her arrest.

28. Plaintiff Schultz was transported to the Winnebago County Jail.

29. At the time of this filing, Plaintiff Schultz remains in custody. Schultz has 

been detained at the Jail in excess of 48 hours without any judicial determination of 

whether there is probable cause to detain.

30. The 17th Judicial Circuit Court did not hold probable cause hearings for 

individuals charged with felonies on Saturday, August 1, 2020 or Sunday, August 2, 

2020.

31. Plaintiff Schultz’s first opportunity to appear before a judge will be 1:30 

p.m. on Monday, August 3, 2020—approximately 66 hours after her arrest.

32. As a direct and proximate result of the acts of the Defendants described 

above, Plaintiff Schultz suffered and continues to suffer damages including loss of 

physical liberty, physical pain and suffering, and emotional distress.

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Factual Allegations: Larissa Walston

33. On Friday, July 31, 2020, Plaintiff Larissa Walston attended a Black Lives 

Matter demonstration organized by the May 30th Alliance in Rockford, Illinois.

34. At approximately 7:10 p.m., Rockford police arrested Plaintiff Walston. 

The arresting officers did not have a warrant calling for her arrest.

35. Plaintiff Walston was transported to the Winnebago County Jail.

36. At the time of this filing, Plaintiff Walston remains in custody. Walston

has been detained at the Jail in excess of 48 hours without any judicial 

determination of whether there is probable cause to detain.

37. The 17th Judicial Circuit Court did not hold probable cause hearings for 

individuals charged with felonies on Saturday, August 1, 2020 or Sunday, August 2, 

2020.

38. Plaintiff Walston’s first opportunity to appear before a judge will be 1:30 

p.m. on Monday, August 3, 2020—approximately 66 hours after her arrest.

39. As a direct and proximate result of the acts of the Defendants described 

above, Plaintiff Walston suffered and continues to suffer damages including loss of 

physical liberty, physical pain and suffering, and emotional distress.

Factual Allegations: Michael Riggs

40. On Saturday, August 1, 2020, Plaintiff Michael Riggs attended a

demonstration in Rockford, Illinois. Demonstrators were calling to defund the police 

and protesting against police brutality.

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41. At approximately 1:00 p.m., Rockford police arrested Plaintiff Riggs. The 

arresting officers did not have a warrant calling for his arrest.

42. Plaintiff Riggs was transported to the Winnebago County Jail.

43. At the time of this filing, Plaintiff Riggs remains in custody. 

44. The 17th Judicial Circuit Court did not hold probable cause hearings for 

individuals charged with felonies on Saturday, August 1, 2020 or Sunday, August 2, 

2020.

45. Plaintiff Riggs’ first opportunity to appear before a judge will be 1:30 p.m. 

on Monday, August 3, 2020—more than 48 hours after his arrest.

46. As a direct and proximate result of the acts of the Defendants described 

above, Plaintiff Riggs suffered and continues to suffer damages including loss of 

physical liberty, physical pain and suffering, and emotional distress.

Factual Allegations: Ivan Holland

47. On Friday, July 31, 2020, at approximately 6:20 p.m. Rockford police

arrested Plaintiff Ivan Holland. The arresting officers did not have a warrant 

calling for his arrest.

48. Plaintiff Holland was transported to the Winnebago County Jail.

49. At the time of this filing, Plaintiff Holland remains in custody. Holland has 

been detained at the Jail in excess of 48 hours without any judicial determination of 

whether there is probable cause to detain.

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50. The 17th Judicial Circuit Court did not hold probable cause hearings for 

individuals charged with felonies on Saturday, August 1, 2020 or Sunday, August 2, 

2020.

51. Plaintiff Holland’s first opportunity to appear before a judge will be 1:30 

p.m. on Monday, August 3, 2020—approximately 67 hours after his arrest.

52. As a direct and proximate result of the acts of the Defendants described 

above, Plaintiff Holland suffered and continues to suffer damages including loss of 

physical liberty, physical pain and suffering, and emotional distress.

Defendant Sheriff Caruana’s Liability to the Named Plaintiffs 

53. It is well established that individuals arrested without a warrant are 

entitled to a judicial determination of probable cause within 48 hours.

54. It is the common, widespread and well-settled practice that arrestees

transferred from police custody to the Jail on weekends or holidays are detained in 

excess of 48 hours without a judicial determination of probable cause. This practice 

is so widespread and well settled that it constitutes a custom or usage with the force 

of law even though it has not been reduced to a written policy.

55. At all times relevant to the detention of the named Plaintiffs, Defendant 

Sheriff Caruana knew that the 17th Judicial Circuit Court did not hold probable 

cause hearings on Saturdays, Sundays or court holidays. Defendant Sheriff 

Caruana likewise knew that arrestees detained at the Jail on weekends and 

holidays, including the Plaintiffs, were being held in excess of 48 hours without a 

judicial determination of probable cause.

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56. Although he knew or should have known that doing so would lead to 

violations of detainees’ Fourth Amendment rights, Sheriff Caruana nonetheless 

approved of and authorized the detention of arrestees at the Jail on weekends and 

holidays.

57. By approving, condoning and/or turning a blind eye to the widespread 

violation of detainees’ Fourth Amendment rights, Defendant Sheriff Caruana acted 

and continues to act with deliberate indifference to the rights of Plaintiffs and all 

others detained at the Jail on weekends and holidays.

58. Defendant Sheriff Caruana’s policy and practice described above was the 

moving cause behind the unlawful detentions of Plaintiffs.

Defendant Chief Judge Doherty’s Liability to the Named Plaintiffs 

and the Members of the Class they Seek to Represent

59. It is the common, widespread and well-settled practice in the 17th Judicial 

Circuit Court that probable cause hearings are only conducted on business days.

This practice is so widespread and well settled that it constitutes a custom or usage 

with the force of law even though it has not been reduced to a written policy.

60. Defendant Chief Judge Doherty knows or should know that pursuant to 

this practice, individuals arrested on weekends or court holidays are routinely 

detained in the Jail for more than 48 hours without receiving a judicial 

determination of probable cause in violation of their Fourth Amendment rights.

61. Defendant Chief Judge Doherty acted and continues to act with deliberate 

indifference to the rights of Plaintiffs and all others arrested for felonies in 

Winnebago County on weekends or court holidays by failing to implement a court 

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schedule that ensures that individuals arrested on weekends or court holidays

receive a probable cause hearing within 48 hours.

62. The policy and practice described above was the moving cause behind the 

violations of the Fourth Amendment rights of the named Plaintiffs and current and 

future class members.

Class Allegations

63. Pursuant to Fed. R. Civ. P. 23(b)(2), the named Plaintiffs seek certification 

of Count I of this complaint as a class action. The named Plaintiffs seek to represent 

a class consisting of:

All individuals arrested without a warrant on felony charges in 

Winnebago County who are currently detained or in the future will 

be detained at the Winnebago County Jail on a weekend or court 

holiday in excess of 48 hours pending a judicial hearing to determine 

probable cause to detain.

64. The Plaintiff Class seeks a declaration that Defendant Chief Judge 

Doherty’s policy and practice of failing to provide probable cause hearings on 

weekends or court holidays is unconstitutional because it results in routine 

violations of class members’ Fourth Amendment right to a prompt judicial 

determination of probable cause.

65. The Plaintiff Class also seeks an injunction ordering Defendant Chief 

Judge Doherty to change the current policy and practice and to implement a 

schedule for probable cause hearings in the 17th Judicial Circuit Court that ensures

individuals arrested on weekends or holidays receive a prompt probable cause 

hearing.

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66. The proposed class is numerous. According to arrest and detention data

made available by the Rockford Police Department and the Winnebago County Jail,

of the 29 individuals arrested by Rockford Police on Friday, July 31, 2020, and prior 

to 1:30 p.m. on Saturday, August 1, 2020, 15 remain imprisoned in the Winnebago 

County Jail at this time without having been brought before a judge for a 

determination of probable cause to detain. There are individuals arrested in other 

municipalities in Winnebago County who are in the same position. The same 

situation occurs every single weekend. The class easily comprises hundreds of 

individuals.

67. Joinder of all class members is impracticable. Not only is the class 

numerous, but membership in the class is also constantly changing. Any individual

arrested in Winnebago County may be placed in the Jail pending a judicial 

determination of probable cause. Accordingly, the membership of the class changes

on a weekly basis as individuals are arrested, detained, and released from custody.

68. There are questions of law and fact common to all class members, 

including but not limited to:

• What is the current schedule in the 17th Judicial Circuit Court for 

probable cause hearings;

• Whether the schedule leads to violations of detainees’ Fourth 

Amendment right to a prompt judicial determination of probable cause

consistent with the Supreme Court’s mandate in County of Riverside v. 

McLaughlin, 500 U.S. 44, 57 (1991) that the Fourth Amendment 

requires a judicial determination of probable cause to detain within 48 

hours of arrest.

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69. All individuals falling within the class definition have been subject to the 

same policy and practice. Given the commonality of the questions pertinent to all 

class members, a single injunction or declaratory judgment would provide relief to 

each member of the class. 

70. Defendant Chief Judge Doherty has acted and continues to act in a 

manner adverse to the rights of the proposed class, making final injunctive and 

declaratory relief appropriate with respect to the class as a whole.

71. Plaintiffs and the class they seek to represent have been directly injured 

by Defendant Chief Judge Doherty’s policies and practices and members of the class 

are currently at risk of future harm from the continuation of these policies and 

practices.

72. Plaintiffs will fairly and adequately represent the interests of the class and 

the Plaintiffs’ claims are typical of the claims of all members of the proposed class.

73. Plaintiffs’ counsel are experienced in civil rights litigation, including 

Monell claims, civil rights class actions, and Fourth Amendment cases alleging 

excessive detentions. Plaintiffs’ counsel will fairly and adequately represent the 

interests of the class.

COUNT I

42 U.S.C. §1983: FOURTH AMENDMENT

(Claim for Injunctive and Declaratory Relief Against Defendant Chief 

Judge Doherty on behalf of the named Plaintiffs and all others similarly 

situated)

74. Plaintiffs and the members of the proposed class reallege and incorporate 

as if fully set forth herein all of the allegations above.

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75. As a direct and proximate result of Defendant Doherty’s failure to schedule 

probable cause hearings for individuals arrested and detained on weekends and 

court holidays, Plaintiffs and the members of the proposed class have suffered a loss

of their Fourth Amendment right to a prompt judicial determination of probable 

cause to detain after their arrests.

76. In the absence of injunctive and declaratory relief, the members of the 

class will continue to suffer unreasonable deprivations of their liberty. The 

members of the class have no adequate or complete remedy at law to address the 

wrongs described herein. The injunctive and declaratory relief sought by the class is 

necessary to prevent continued and future injury.

WHEREFORE, Plaintiffs respectfully request that this Honorable Court:

a) Issue an order certifying this action to proceed as a class pursuant to 

Fed. R. Civ. P. 23(b)(2);

b) Appoint the undersigned as class counsel pursuant to Fed. R. Civ. P. 

23(g);

c) Enter judgment declaring that Defendant Chief Judge Doherty’s

policies and practices described herein as applied to the class violate 

the Fourth Amendment of the U.S. Constitution;

d) Enter a preliminary and then permanent injunction prohibiting 

Defendant Chief Judge Doherty from continuing the unconstitutional 

policies and practices identified herein;

e) Award Plaintiffs their reasonable attorneys’ fees and cost pursuant to 

42 U.S.C. § 1988, and other applicable law; and

f) Grant such other relief as this Court deems just and proper.

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COUNT II 

42 U.S.C. §1983: FOURTH AMENDMENT 

(Monell Official Capacity Claim Against Defendant 

Sheriff Caruana on behalf of the Named Plaintiffs Only)

77. Plaintiffs reallege and incorporate as if fully set forth herein all of the 

allegations above.

78. As a direct and proximate result of Defendant Sheriff Caruana’s

deliberate indifference, Plaintiffs have suffered a loss of their Fourth Amendment 

rights. 

79. As a direct and proximate result of Defendant Sheriff Caruana’s policies, 

the Plaintiffs have suffered damages including loss of physical liberty, physical pain 

and suffering, and emotional distress.

WHEREFORE, Plaintiffs respectfully request that this Honorable Court:

a) Enter judgment declaring that Defendant Sheriff Caruana’s policies 

and practices described herein violate the Fourth Amendment of the 

U.S. Constitution;

b) Award Plaintiffs compensatory damages in an amount to be fixed by a 

jury at trial;

c) Award Plaintiffs their reasonable attorneys’ fees and costs pursuant to 

42 U.S.C. § 1988, and other applicable law; and

d) Grant such other relief as this Court deems just and proper.

Plaintiffs demand trial by jury.

Respectfully submitted,

/s/ Adele D. Nicholas 

/s/ Brad J. Thomson

Counsel for Plaintiffs

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Law Office of Adele D. Nicholas

5707 W. Goodman Street

Chicago, Illinois 60630

847-361-3869

Brad J. Thomson

People’s Law Office

1180 N. Milwaukee Ave.

Chicago, IL 60642

773-235-0070

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