IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

Elgin Jordan, )

)

Plaintiff, )

)

-vs- ) No. _________

)

City of Chicago, Bryan Cox, Peter 

Theodore, David Salgado, and 

Rocco Pruger,

)

)

)

)

)

(jury demand)

Defendants. )

COMPLAINT

Plaintiff, by counsel, alleges as follows:

1. This is a civil action arising under 42 U.S.C. § 1983. The 

jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1343 and § 1367.

2. Plaintiff Elgin Jordan is a resident of the Northern District of 

Illinois. 

3. Defendants Bryan Cox, Peter Theodore, David Salgado, and 

Rocco Pruger (“officer defendants”) were, at all relevant times, acting under 

color of their offices as Chicago police officers.

4. Defendant City of Chicago is an Illinois municipal corporation.

5. On March 31, 2015, the officer defendants arrested plaintiff in the 

area of West Roosevelt Road and South Springfield Avenue in Chicago

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6. At the time of plaintiff’s arrest: 

a. None of the officer defendants had a warrant authorizing 

the arrest of plaintiff;

b. None of the officer defendants believed that a warrant had 

been issued authorizing the arrest of plaintiff;

c. None of the officer defendants had observed plaintiff 

commit any offense; and 

d. None of the officer defendants had received information 

from any source that plaintiff had committed an offense or 

was otherwise subject to arrest.

7. After arresting plaintiff, the individual officer defendants 

conspired, confederated, and agreed to fabricate a false story in an attempt 

to justify the unlawful arrest, to cover-up their wrongdoing, and to cause 

plaintiff to be wrongfully detained and prosecuted.

8. The false story fabricated by the individual officer defendants 

included their concocted claims that they had observed plaintiff selling drugs 

and that they had found drugs on plaintiff person. 

9. The acts of the individual officer defendants in furtherance of 

their scheme to frame plaintiff included the following:

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a. One or more of the officer defendants prepared official 

police reports containing the false story, and each of the 

other individual officer defendants failed to intervene to 

prevent the violation of plaintiff’s rights;

b. One or more of the officer defendants attested to the false 

story through the official police reports, and each of the 

other individual officer defendants failed to intervene to 

prevent the violation of plaintiff’s rights; and

c. One or more of the officer defendants communicated the 

false story to prosecutors, and each of the other individual 

officer defendants failed to intervene to prevent the 

violation of plaintiff’s rights.

10. As a result of the above described wrongful acts, plaintiff was 

deprived of his liberty while a pre-trial detainee, convicted of a felony, and 

then confined in the penitentiary for several years.

11. The Illinois Appellate Court reversed plaintiff’s conviction on 

August 26, 2019.

12. On December 13, 2019, the prosecutor dropped all charges 

against plaintiff.

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13. At all relevant times, the City of Chicago has known and has 

encouraged a “code of silence” among its police officers.

14. As summarized by the United States Department of Justice in 

its official report entitled “Investigation of the Chicago Police Department,” 

January 13, 2017, at 75:

a. “One way to cover up police misconduct is when officers 

affirmatively lie about it or intentionally omit material 

facts.”

b. “The Mayor has acknowledged that a ‘code of silence’

exists within CPD, and his opinion is shared by current 

officers and former high-level CPD officials interviewed 

during our investigation.”

c. “Indeed, in an interview made public in December 2016, 

the President of the police officer’s union admitted to such 

a code of silence within CPD, saying ‘there’s a code of 

silence everywhere, everybody has it . . . so why would the 

[Chicago Police] be any different.’”

15. The United States Department of Justice concluded that “a code 

of silence exists, and officers and community members know it.” Report at 75.

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16. The City’s above described “code of silence” was a proximate 

cause for the actions of the officer defendants to concoct a false story and 

fabricate evidence.

17. As a result of the foregoing, plaintiff was deprived of rights 

secured by the Fourth and Fourteenth Amendments to the Constitution of 

the United States.

18. As a supplemental state law claim against defendant City of 

Chicago only: as a result of the foregoing, plaintiff was subjected to a 

malicious prosecution under Illinois law.

19. Plaintiff hereby demands trial by jury.

WHEREFORE, plaintiff requests that appropriate compensatory and 

punitive damages be awarded against the officer defendants, that 

appropriate compensatory damages only be awarded against defendant City 

of Chicago, and that fees and costs be taxed against all defendants.

/s/ Joel A. Flaxman

Joel A. Flaxman

ARDC No. 6292818

Kenneth N. Flaxman

200 S Michigan Ave Ste 201

Chicago, IL 60604-2430

(312) 427-3200

Attorneys for Plaintiff

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