Here’s the suit by Jerome and Carla Pavlin of rural Crystal Lake.
McHenry County State’s Attorney Lou Bianchi’s office dismissed the charges brought by the sheriff’s department last week.
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION
JEROME PAVLIN, and )
CARLA PAVLIN, )
)
Plaintiffs, ) No.
)
vs. ) Judge
) Magistrate Judge
McHENRY COUNTY, )
KEITH NYGREN, ) Jury Demand
JEREMY BRUKETTA, Star 1909, )
KYLE MANDERNACK, Star 1726, )
TREVOR VOGEL, Star 1773, )
CHRISTOPHER JONES, Star 1877, )
RYAN LAMBERT, Star 1941, )
GREG PYLE, Star 1672, and )
DAVID SHEPHERD, Star 142, )
)
Defendants. )
COMPLAINT
1.This is an action for money damages brought pursuant to 42 U.S.C. § 1983, and the common law and statutes of the State of Illinois.
2.Jurisdiction for Plaintiffs’ federal claims is based on 28 U.S.C. §§ 1331 and
1343(a). Jurisdiction for Plaintiffs’ state claims is based on supplemental jurisdiction pursuant to 28 U.S.C. ྷ 1367(a).
3.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.
4.Plaintiffs are residents of Crystal Lake, Illinois.
5.At the time of the incident, Plaintiff Jerome Pavlin was 80 years-old, and Plaintiff Carla Pavlin was 65 years-old.
6.Defendant-Officers are duly appointed and sworn McHenry County Sheriff’s deputies. At all times relevant to this Complaint, the Defendant-Officers were acting in the course and scope of their employment, and under color of state law, ordinance and/or regulation.
7.The Defendant-Officers are sued in their individual capacities.
8.Defendant KEITH NYGREN is the Sheriff of McHenry County, and is liable for the common law claims alleged below pursuant to Respondeat Superior.
Facts
9.On or about March 14, 2008, at approximately 8:30 p.m., Plaintiffs were at their home in Crystal Lake, Illinois.
10.While Plaintiff JEROME PAVLIN was sitting in his living room watching television with his son, Carl, they heard banging on the front door.
11.Carl went to the door to see who was there.
12.Defendants BRUKETTA and JONES were at the Plaintiffs’ door.
13.Carl asked BRUKETTA and JONES what they wanted.
14.BRUKETTA and JONES told Carl that they had a warrant for his arrest.
15.BRUKETTA and JONES then violently pushed the front door to Plaintiffs’ home.
16.BRUKETTA and JONES broke the glass on Plaintiffs’ front door.
17.JEROME heard the glass break and walked towards the front door.
18.Defendants MANDERNACK, VOGEL and LAMBERT arrived on the scene.
19.JEROME asked the Defendant-Officers what they were doing in his house.
20.The Defendant-Officers did not respond.
21.BRUKETTA place Carl under arrest.
22.BRUKETTA escorted Carl out of the Plaintiff’s home.
23.Defendants MANDERNACK, VOGEL, JONES, and LAMBERT told JEROME that they were going to search his home.
24.JEROME told the Defendant-Officers that they could not search his home and he asked the Defendant-Officers to leave.
25.The Defendant-Officers refused to leave Plaintiffs’ home.
26.Defendant-Officers tackled JEROME to the ground.
27.Defendants MANDERNACK, VOGEL, and LAMBERT beat JEROME.
28.Defendants JONES and BURKETTA had an opportunity to intervene and prevent MANDERNACK, VOGLE and LAMBERT from beating JEROME, but failed to do so.
29.Plaintiff CARLA PAVLIN heard the Defendant-Officers beating JEROME.
30.CARLA tried to get the attention of the Defendant-Officers.
31.MANDERNACK violently pushed CARLA in the chest.
32.CARLA was knocked against a granite counter top and was severely injured.
33.Defendants VOGEL, LAMBERT, JONES and BURKETTA had an opportunity to intervene and prevent MANDERNACK from beating CARLA but failed to do so.
34.Defendants PYLE and SHEPHERD were on the scene.
35.MANDERNACK handcuffed JEROME.
36.MANDERNACK intentionally put the handcuffs on JEROME excessively tight which caused JEROME extreme pain.
37.JEROME was under arrest.
38.Defendant-Officers did not have probable cause or any other legal justification to arrest JEROME.
39.An ambulance was called for Plaintiff CARLA PAVLIN.
40.CARLA was taken by ambulance to Northern Illinois Medical Center for medical attention.
41.MANDERNACK and LAMBERT transported JEROME to Northern Illinois Medical Center for medical attention.
42.MANDERNACK, VOGEL, LAMBERT, BRUKETTA, JONES, PYLE and SHEPHERD then conspired and acted together to cover up the false arrest of Plaintiffs without probable cause or legal authority.
43.MANDERNACK, VOGEL, LAMBERT, BRUKETTA, JONES, PYLE and SHEPHERD made out false and incomplete official reports and gave a false and incomplete version of the event to other police officers investigating the incident in order to cover up their misconduct.
44.PYLE approved the official reports prepared by MANDERNACK, VOGEL, LAMBERT, BRUKETTA, and JONES.
45.JEROME PAVLIN was charged with aggravated battery to a police officer and resisting a police officer. The case was docketed in the Circuit Court of the 22nd Judicial Circuit as: People v. Jerome Pavlin, 08 CF 233.
46.CARLA PAVLIN was charged with aggravated battery to a police officer and obstructing a police officer. The case was docketed in the Circuit Court of the 22nd Judicial Circuit as: People v. Carla Pavlin, 08 CF 252.
47.On July 14, 2009, the charges against the Plaintiffs were nolled prossed and dismissed with prejudice.
48.Each individual Defendant-Officer acted willfully and wantonly, maliciously, and with a conscious disregard and deliberate indifference to Plaintiffs’ rights.
49.As a direct and proximate result of the acts of the Defendants described above, Plaintiffs suffered damages including loss of physical liberty, physical pain and suffering, emotional distress and pecuniary damages including medical expenses, attorneys’ fees, monies posted for bond, and, property damage.
COUNT I
(42 U.S.C. ྷ 1983 – False Arrest)
50.Plaintiffs reallege paragraphs 1 through 49 as if fully set forth herein.
51.Defendant-Officers MANDERNACK, JONES, BRUKETTA, VOGEL, and LAMBERT placed Plaintiffs under arrest.
52.MANDERNACK, JONES, BRUKETTA, VOGEL, and LAMBERT did not have an arrest warrant, probable cause, reasonable suspicion, or any other lawful basis to arrest or detain Plaintiffs.
53.The arrest of Plaintiffs without any legal justification or probable cause violated their Fourth Amendment right, as guaranteed by the Fourteenth Amendment, to be free from unreasonable seizures.
WHEREFORE, Plaintiffs ask that this Honorable Court:
a) Enter judgment against Defendant-Officers MANDERNACK, JONES, BRUKETTA, VOGEL, and LAMBERT,
b) Award Plaintiffs compensatory and punitive damages,
c) Award attorneys’ fees and costs, and
d) Award any further relief that this Honorable Court deems just and equitable.
COUNT II
(42 U.S.C. ྷ 1983 – Excessive Force)
54.Plaintiff JEROME PAVLIN realleges paragraphs 1 through 49 as if fully set forth herein.
55.Defendant-Officers MANDERNACK, VOGEL, and LAMBERT violated JEROME PAVLIN’s Fourth Amendment right, as guaranteed by the Fourteenth Amendment, to be free from the use of excessive and unreasonable force.
WHEREFORE, Plaintiff JEROME PAVLIN asks that this Honorable Court:
a) Enter judgment against Defendant-Officers MANDERNACK, VOGEL, and LAMBERT,
b) Award Plaintiff compensatory and punitive damages,
c) Award attorneys’ fees and costs, and
d) Award any further relief that this Honorable Court deems just and equitable.
COUNT III
(42 U.S.C. ྷ 1983 – Excessive Force)
56.Plaintiff CARLA PAVLIN realleges paragraphs 1 through 49 as if fully set forth herein.
57.Defendant MANDERNACK violated CARLA PAVLIN’s Fourth Amendment right, as guaranteed by the Fourteenth Amendment, to be free from the use of excessive and unreasonable force.
WHEREFORE, Plaintiff CARLA PAVLIN asks that this Honorable Court:
a) Enter judgment against Defendant MANDERNACK,
b) Award Plaintiff compensatory and punitive damages,
c) Award attorneys’ fees and costs, and
d) Award any further relief that this Honorable Court deems just and equitable.
COUNT IV
(42 U.S.C. ྷ 1983 – Failure to Intervene)
58.Plaintiffs reallege paragraphs 1 through 49 as if fully set forth herein.
59.While Plaintiffs were subjected to excessive force as described above, Defendant-Officers MANDERNACK, JONES, BRUKETTA, VOGEL, and LAMBERT had an opportunity to intervene, but chose not to intervene.
60.Defendant-Officers MANDERNACK, JONES, BRUKETTA, VOGEL, and LAMBERT were deliberately indifferent to Plaintiff’s right to be free from excessive and unreasonable force.
WHEREFORE, Plaintiff asks that this Honorable Court:
a) Enter judgment against Defendant-Officers MANDERNACK, JONES, BRUKETTA, VOGEL, and LAMBERT,
b) Award Plaintiffs compensatory and punitive damages,
c) Award attorneys’ fees and costs, and
d) Award any further relief that this Honorable Court deems just and equitable.
COUNT V
(42 U.S.C. ྷ 1983 – Illegal Search of Home)
61.Plaintiffs reallege paragraphs 1 through 49 as if fully set forth herein.
62.Defendant-Officers searched Plaintiffs’ home.
63.Defendant-Officers did not have a search warrant, consent, exigent circumstances,
or any other legal justification to search Plaintiffs’ home.
64.Searching Plaintiffs’ home without any legal justification violated their Fourth Amendment right, as guaranteed by the Fourteenth Amendment, to be free from unreasonable searches.
WHEREFORE, Plaintiffs ask that this Honorable Court:
a) Enter judgment against Defendant-Officers,
b) Award Plaintiffs compensatory and punitive damages,
c) Award attorneys’ fees and costs, and
d) Award any further relief that this Honorable Court deems just and equitable.
COUNT VI
(42 U.S.C. ྷ 1983 – Civil Conspiracy)
65.Plaintiffs reallege paragraphs 1 through 49 as if fully set forth herein.
66.Defendant-Officers MANDERNACK, VOGEL, LAMBERT, BRUKETTA, JONES, PYLE and SHEPHERD knowingly and intentionally schemed and worked together in a common plan to violate Plaintiff’s constitutional rights.
67.MANDERNACK, VOGEL, LAMBERT, BRUKETTA, JONES, PYLE and SHEPHERD, conspired and acted together to cover up the false arrest of Plaintiffs without probable cause or legal authority.
68.MANDERNACK, VOGEL, LAMBERT, BRUKETTA, JONES, PYLE and SHEPHERD made out false and incomplete official reports and gave a false and incomplete version of the event to other police officers investigating the incident in order to cover up their misconduct.
WHEREFORE, Plaintiffs ask that this Honorable Court:
a) Enter judgment against Defendant-Officers,
b) Award Plaintiffs compensatory and punitive damages,
c) Award attorneys’ fees and costs, and
d) Award any further relief that this Honorable Court deems just and equitable.
COUNT VII
(State Law Claim for Malicious Prosecution)
69.Plaintiff JEROME PAVLIN realleges paragraphs 1 through 49 as if fully set forth herein.
70.Defendant MANDERNACK instituted charges against JEROME for aggravated battery to a police officer and resisting a police officer.
71.There was not probable cause for such charges.
72.The charges were terminated in a manner favorable to JEROME.
WHEREFORE, Plaintiff JEROM PAVLIN asks that this Honorable Court:
a) Enter judgment against Defendant MANDERNACK,
b) Award Plaintiff compensatory and punitive damages,
c) Award costs, and
d) Award any further relief that this Honorable Court deems just and equitable.
COUNT VIII
(State Law Claim for Malicious Prosecution)
73.Plaintiff CARLA PAVLIN realleges paragraphs 1 through 49 as if fully set forth herein.
74.Defendant MANDERNACK instituted charges against CARLA for aggravated battery to a police officer and obstructing a police officer.
75.There was not probable cause for such charges.
76.The charges were terminated in a manner favorable to CARLA.
WHEREFORE, Plaintiff CARLA PAVLIN asks that this Honorable Court:
a) Enter judgment against Defendant MANDERNACK,
b) Award Plaintiff compensatory and punitive damages,
c) Award costs, and
d) Award any further relief that this Honorable Court deems just and equitable.
COUNT IX
(State Law Respondeat Superior Claim)
77.The acts of the Defendant-Officers described in the state-law claims specified above were willful and wanton, and committed in the scope of employment.
78.Pursuant to respondeat superior, Defendant KEITH NYGREN is liable for its agents’ actions.
WHEREFORE, Plaintiff demands judgment against Defendant KEITH NYGREN, and such other and additional relief that this Honorable Court deems just and equitable.
COUNT X
(Indemnification Claim pursuant to 745 ILCS 10/9-102)
79.The acts of the Defendant-Officers described in the above claims were willful and wanton, and committed in the scope of employment.
80.Pursuant to the Illinois Tort Immunity Act, 745 ILCS 10/9-102, Defendant McHENRY COUNTY is liable for any judgments in this case arising from the Defendants actions.
WHEREFORE, Plaintiff asks that this Honorable Court order Defendant McHENRY COUNTY to indemnify the Defendants for any judgment entered in this case arising from their actions.
Jury Trial Demanded
Respectfully submitted,
/s/ Lawrence V. Jackowiak
Counsel for the Plaintiffs
Lawrence V. Jackowiak
Law Offices of Lawrence V. Jackowiak
20 North Clark Street, Suite 1700
Chicago, Illinois 60602
(312) 795-9595
This case should have been causing a major case of heartburn at 2200 N. Seminary for months – even for over a year. Mr. and Mrs. Pavlin have great resolve and strong wills.
I served up on a silver platter drug dealers, ( they were standing in my yard petting my dog) I called Nygren but he refused to take my call. I had the exact description of known suspects, the car tag, car description… the EXACT people who are now KNOWN to have fled the US and are living in Mexico…heck, Nygren even has a photo of one of them on his Most Wanted sights….had he taken my call, he would have saved alot of people alot of anxiety within a McHenry County neighborhood….
Election time is around the corner.. Nygren needs to be replaced by a law enforcement officer who cares about his community, not just the politics!
PS. The grandfather of the guys who this drug dealer was making a 'delivery' to, is a multi-millionaire living in the same town Nygren lives in. MONEY and law enforcement…Sheriff Nygren and law enforcement… Don't mix!
Its easy to take down those sitting in their homes while sitting their underwear holding a can of soda in their favorite recliner.. but when he is asked to track down some "real criminal" he cant even answer his telephone! This is a true fact folks! But he spends your tax dollars to put on the big "show" of power! Then puts his name on all YOUR vehicles that YOU paid for…….
Because of his lack of action, the FBI must now deal with his messes!
Remember this as you place that voters card before you!
About 8 weeks after my sighting and reporting of this instance th Nygren and his Narcotic Sgt. John Koziol, of the woman and man, a man who by the way, was an exact 'fit' from the description of the man who federal authorities had described as a "Hispanic Male" who was going into Chicago and 'recruiting' young Hispanic males to come to McHenry County to tend to his "pot fields." The woman as I have stated, is a woman that is now on Nygren's "most wanted" list.
About 8 weeks after this instance of "NO response from Nygren." I noticed 4 unmarked police vehicles pull up on my street. About 6 plain clothed deputies got out of the cars and in their hands were leaflets 8×10, with a photo of a woman on them. The deputies were knocking on the doors of neighbors asking them if they had seen "this woman" that was shown on the leaflets.
A "Deputy Brody" I believe wss his name, approached me.. I saw what he had in his hand, BEFORE he even had to ask me I stated, "That is a photo of Sylvia Flores and she is "Wanted" and your looking for her aren't you? The Deputy stated "Yes" how did I know?
I then asked the young Deputy, had either Sheriff Nygren or Sgt. Koziol ever spoken to you about who I am and how I had in fact contacted the Sheriff's office about 8 weeks ago about the fact that Sylvia Flores was literally standing in my side yard, just after she made a drug delivery to my neighbor, petting my dog as I spoke with her.
The deputy told me he had never heard about that. He went on to tell me that very same morning, the same morning he was at my home talking with me, that he in fact "was at a meeting with Koziol about their day's mission of putting out the 'leaflets' regarding Flores, just hours before, AND SGT. KOZIOL NEVER SAID A SINGLE WORD ABOUT THIS SIGHTING YOU MENTION!" Deputy Brody, was NEVER, not one time, made away of the fact that indeed Flores had been not only sighted, but that I had placed a detailed phone call to the Sheriff and left a very detailed voice mail message about Flores and the Hispanic male driver of her new Ford Focus! Plate number and all!
It is a fact, that both, fled to Mexico shortly after my call to the Sheriff.. Now the FBI and Feds have to deal with them.
By the way, the same neighbor, had pot plants dangling from beneath their Chevy blazer during this exact time!
When I approached the Hebron Police Department about these issues, I was told and I quote, "We cant get any help up here from the Sheriff.
I also heard directly from these young neighbors, all of whom have long police records, laughing at how they think they "killed that MF'er.. meaning the boy from Woodstock who had his head beat in with a lead pipe and was in Critical condition on August morning in 2008.. it was a gang fight..after this beating, they were dancing in my side yard drinking and smoking pot.
These same neighbors who also laughed at the fact that the Lakewood Police could not catch them. These young men were in fact, the men robbing unlocked cars from the "Gates" in Lakewood. Yet the Sheriff and Lakewood Police chief basically laughed when I told them I knew who was robbing their citizens. Lakewood Chief Lowell said, "What do you want me to do about it!" True FACT!
My hope is that perhaps, somebody, will have the courage to say enough is enough, and perhaps a candidate will step up, and residents will support a man or woman who is willing to do the JOB!
I do not know either man personally, I only witnessed the JOBs being done.
Perhaps there is somebody from the States Attorney's office who is willing to run for Sheriff. The SA's office seems to be the only office that is law enforcement related, that has any competence in McHenry County.
How do you win the war on drugs when law enforcement doesn't take an interest?
The media.
Case and point: The director of the Stephens, Ark. Housing Authority came to me in 1998 and told me about the drug trade in her housing complexes. She could not get a response from law enforcement.
I took her story to the sheriff and the local police. I was told that they were too busy with other things.
So I printed the story and the comments made by law enforcement. I kept covering this story and the non-law enforcement. I even videotaped drug deals taking place, presented them to the sheriff and was told that I could go to jail for invading the privacy of the dealer.
To make a long story short, I won the 1999 Media Award from the Southwest NAHRO for eliminating the drug trade from the housing project. The sheriff resigned after he was questioned by the DEA, who I contaced for assistance. And the prosecuting attorney and his deputy also resigned after being questioned by the FBI.
It's too bad that the newspaper(s) here doesn't have the guts to stand up and kick some butt.
It seems our elected officials need to become aware of this little saying…
"You never screw with a man who buys his ink by the barrel".
Phillip- Where do you live now?
Phillip, Interesting point! Another fact about this very case.
When I told the NW Herald about my experience, they called Sheriff Nygren. Nygren stated to the Herald, and the Herald printed this falsehood about me. Allegedly stated by the Sheriff himself in his defense of his doing nothing.
Every time David Bachmann reads about ANY crime ANYWHERE in the COUNTY, he calls us and tells us he knows who is responsible….
Let's look at this statement. McHenry County about 350,000 residents.. How many towns and villages have police forces?
Does anybody truly believe, other than the NW Herald because they printed it as being fact, that within the scope of a county of over 350,000 people and lord knows how many law enforcement entities exist, THAT I LITERALLY HAD THE ABILITY TO CALL SHERIFF NYGREN AS HE SO FALSELY STATED TO THE PRESS..
TO ANYBODY WITH A LOGICAL MIND, AND MOST PEOPLE DO IN FACT USE LOGIC AS THERE ARE MANY VERY INTELLIGENT PEOPLE WHO READ THIS BLOG AND RESIDE IN MCHENRY COUNTY.. CAN ANYBODY PLEASE EXPLAIN TO ME HOW IT WOULD BE POSSIBLE FOR ME TO HAVE DONE WHAT NYGREN STATED TO THE PRESS AS BEING FACTUAL?
Just as you stated Phillip, about outside agencies looking??? Stay tuned!
Now please excuse me I have LOTS of phone calls to make to Nygren…
In the end the 'truth' does win out.. it just takes some time and some people with courage!
I have more stories but Im saving them for election season! Interesting Philip you mention the FBI and DEA!
The Stephens Housing Authority adventure was a minor one in my career. The big one was the 13th Judicial District Drug Task Force. While compiling our paper's public record, I noticed more African-Americans were being prosecuted and receiving prison sentences for minor drug crimes than whites in the Judicial District. It was also noted that the African-Americans were having their property seized and sold at auctions. The head of the DTF could never quite account for the proceeds of the auctions. I had heard rumors that a law firm connected to the DTF was sending large wire transfers to a white supremacy group in Florida. The head of the DTF told me that there was no connection to any white supremacy group. However, I looked into his family background. Jackpot – I found his 20-something daughter living in Metarie, La. with an older man – David Duke. Uh huh, I interviewed Duke and he confirmed almost everything I had suspected – absent money laundering. KATV in Little Rock has on tape, the head of the DTF professing his love of Duke and how Duke "stands for what's right in the Republican Party". Needless to say, Arkansas GOP'ers were a little pissed. From my knowledge, the case is still under investigation by the FBI, DEA, and Dept. of Treasury. It hit a road bump a few years ago because of the post 9/11 terrorism hype, but my sources tell me it's still alive and kicking.
David, call me. I had your number and am slow in finding it.Gus