Lou Bianchi’s Case against Those Who Persecuted Him – Part 4

We are moving on to Part 4–roughly pages 30-40–of Lou Bianchi attorney Terry Ekl’s First Amended Complaint against Special Prosecutors Henry Tonigan and Thomas McQueen, their investigative firm Quest Consultants International and others.

From the title above paragraph 124, one can see that Elk is searching for “Other Unnamed Individuals.”

The Conspiracy Between The Special Prosecutors, Quest Investigators, and Other Unnamed Individuals Was Driven By Political and Financial Motivations

Dan Regna is seen in this 2008 campaign mailing talking to supporter Sheriff Keith Nygren in Nygren’s office.

124. The improper investigation and prosecution of Bianchi and his employees was initiated by Bianchi’s political enemies, including Daniel Regna, who lost the primary election to Bianchi in 2008.

125. Defendants Tonigan and McQueen’s improper investigation and prosecution of

  • Bianchi,
  • Synek,
  • Salgado, and
  • McCleary

took place over a period of 23 months despite the fact that there was never any evidence indicating that Bianchi, Synek, Salagdo, or McCleary committed any crime.

Defendants Tonigan and McQueen continued the case for this extended period to allow them to recoup the benefits of a fraudulent billing scheme, which enabled them to bill McHenry County taxpayers outrageous sums of money with no oversight or accountability.

126. Once the Defendant Quest investigators were hired by Defendant Kelleher and Buckley and appointed as special investigators, they too engaged in fraudulent and excessive billing by overstating the amount of time that was spent on work, performing work that was unnecessary, and persisting in an investigation that was baseless in order to allow the scheme to continue unabated.

127. Defendants deliberately concealed the results of their investigation which revealed no criminal wrongdoing and instead manufactured evidence so that they could continue to bill McHenry County taxpayers exorbitant sums for unnecessary services.

128. From February 2010 until March 2011, court orders were obtained which required McHenry County to pay Defendants Kelleher & Buckley, McQueen, and Quest specified amounts for their investigation and prosecution of Plaintiffs which were well in excess of what is permissible under Illinois law.

129. In the 14 month period from September 2009 until November 2010, McHenry County was forced to pay

  • Kelleher & Buckley $81,027,
  • Defendant McQueen $103,563, and
  • Defendant Quest $127,668,

and is anticipating additional bills from Defendants covering the nine (9) month time period of December 2010 until August 2011, which included the second investigation of Bianchi and both trials which were conducted in March of 2011 and August 2011.

COUNT I

42 U.S.C. §1983
FOURTH AMENDMENT VIOLATION–FALSE ARREST (CONSPIRACY) BIANCHI AND SYNEK’S FIRST ARREST

Joyce Synek

130. Plaintiffs Louis A. Bianchi and Joyce Synek reallege and incorporate paragraphs 1 through 129 above as paragraph 130 of this Count I.

131. At all relevant times, Bianchi and Synek possessed a right under the Fourth Amendment to the Constitution of the United States to be free from unreasonable searches and seizures.

132. At all relevant times, Defendants Tonigan, McQueen, and the Quest Investigators as well as other as yet unnamed co-conspirators, accomplished an unlawful result through individual and concerted action, in that they agreed, through explicit or implicit means, to effect the unlawful detention and arrest of Bianchi and Synek, without lawful authority.

133. In furtherance of said agreement, Defendants Tonian, McQueen and the Quest Investigators unlawfully detained, arrested, and falsely charged Bianchi and Synek with crimes without probable cause and without competent evidence.

134. At all times relevant hereto, Defendants Tonigan, McQueen, and the Quest Investigators were acting under color of law, and their individual and concerted conduct as described herein was done with deliberate indifference to the rights of Bianchi and Synek.

Lou Bianchi

135. Defendants’ individual acts and conspiracy as described above violated Bianchi and Synek’s right to be free from unreasonable searches and seizures as provided for in the Fourth Amendment to the United States Constitution and have caused Bianchi and Synek to suffer and will in the future continue to suffer, severe damages including loss of reputation, mental anguish, emotional distress, and legal expenses, as alleged herein.

WHEREFORE, Plaintiffs Louis A. Bianchi and Joyce A. Synek demand judgment against the Defendants, Henry C. Tonigan, III, Thomas K. McQueen, Kelleher & Buckley, LLC, Daniel Jerger, Robert Scigalski, James Reilly, Richard Stilling, Patrick Hanretty and Quest Consultants International, Limited, jointly and severally, for compensatory and punitive damages in a sum in excess of $1,000,000.00 and for their attorneys’ fees and costs pursuant to 42 U.S.C. § 1988.

COUNT II

42 U.S.C. §1983

Ron Salgado

FOURTH AMENDMENT VIOLATION–FALSE ARREST (CONSPIRACY) SECOND ARREST OF BIANCHI AND SALGADO’S ARREST

136. Plaintiffs Louis A. Bianchi and Ronald J. Salgado reallege and incorporate paragraphs 1 through 129 above as paragraph 136 of this Count II.

137. At all relevant times, Bianchi and Salgado possessed a right under the Fourth Amendment to the Constitution of the United States to be free from unreasonable searches and seizures.

138. At all relevant times, Defendants Tonigan, McQueen, and the Quest Investigators, as well as other as yet unnamed co-conspirators, accomplished an unlawful result through individual and concerted action, in that they agreed, through explicit or implicit means, to effect the unlawful detention and arrest of Bianchi and Salgado, without lawful authority.

139. In furtherance of said agreement, Defendants Tonigan, McQueen, and the Quest Investigators unlawfully detained, arrested, and falsely charged Bianchi and Salgado with additional crimes without probable cause and without competent evidence.

140. At all times relevant hereto, Defendants Tonigan, McQueen, and the Quest Investigators were acting under color of law, and their individual and concerted conduct as described herein was done with deliberate indifference to the rights of Bianchi and Salgado.

141. Defendants’ individual acts and conspiracy as described above violated Bianchi and Salgado’s right to be free from unreasonable searches and seizures as provided for in the Fourth Amendment to the United States Constitution and have caused Bianchi and Salgado to suffer and will  in the future continue to suffer, severe damages including loss of reputation, mental anguish, emotional distress, and legal expenses, as alleged herein.

WHEREFORE, Plaintiff, Louis A. Bianchi and Ronald J. Salgado demand judgment against the Defendants, Henry C. Tonigan, III, Thomas K. McQueen, Kelleher & Buckley, LLC, Daniel Jerger, Robert Scigalski, James Reilly, Richard Stilling, Patrick Hanretty and Quest Consultants International, Limited, jointly and severally, for compensatory and punitive damages in a sum in excess of $1,000,000.00 and for his attorneys’ fees and costs pursuant to 42 U.S.C. § 1988.

COUNT III

42 U.S.C. §1983
FOURTH AMENDMENT VIOLATION–FALSE ARREST (CONSPIRACY) MCCLEARY’S ARREST

Michael McCleary

142. Plaintiff Michael J. McCleary realleges and incorporates paragraphs 1 through 129 above as paragraph 142 of this Count III.

143. At all relevant times, McCleary possessed a right under the Fourth Amendment to the
Constitution of the United States to be free from unreasonable searches and seizures.

144. At all relevant times, Defendants Tonigan, McQueen, the Quest Investigators, as well as other as yet unnamed co-conspirators, accomplished an unlawful result through individual and concerted action, in that they agreed, through explicit or implicit means, to effect the unlawful detention and arrest of McCleary without lawful authority.

145. In furtherance of said agreement, Defendants Tonigan, McQueen, and the Quest
Investigators unlawfully detained, arrested, and falsely charged McCleary with crimes without probable cause and without competent evidence.

146. At all times relevant hereto, Defendants Tonigan, McQueen, and the Quest Investigators were acting under color of law, and their individual and concerted conduct as described herein was done with deliberate indifference to the rights of  McCleary.

147. Defendants’ individual acts and/or conspiracy as described above violated McCleary’s right to be free from unreasonable searches and seizures as provided for in the Fourth Amendment to the United States Constitution and have caused McCleary to suffer and will in the future continue to suffer, severe damages including loss of reputation, mental anguish, emotional distress, and legal expenses, as alleged herein.

WHEREFORE, the Plaintiff, Michael J. McCleary demands judgment against the Defendants, Henry C. Tonigan, III, Thomas K. McQueen, Kelleher & Buckley, LLC, Daniel Jerger, Robert Scigalski, James Reilly, Richard Stilling, Patrick Hanretty and Quest Consultants International, Limited, jointly and severally, for compensatory and punitive damages in a sum in excess of $1,000,000.00 and for his attorneys’ fees and costs pursuant to 42 U.S.C. § 1988.

COUNT IV

42 U.S.C. § 1983
FOURTEENTH AMENDMENT–DUE PROCESS VIOLATIONS (CONSPIRACY) FIRST PROSECUTION OF BIANCHI AND SYNEK

148. Plaintiffs Louis A. Bianchi and Joyce Synek reallege and incorporate paragraphs 1 through 129 above as paragraph 148 of this Count IV.

149. At all times relevant hereunder, Bianchi and Synek enjoyed the right to a fair trial as enumerated in the Fifth and Fourteenth Amendments to the Constitution of the United States, including the right

  • not to be prosecuted upon manufactured and fabricated evidence, and
  • to notice and disclosure of evidence that tends to negate the guilt of Plaintiffs.

150. At all relevant times, Defendants Tonigan, McQueen, and the Quest Investigators as well as yet unnamed co-conspirators, individually, jointly and in conspiracy with each other caused the wrongful charging and continued prosecution of Bianchi and Synek and attempted to secure the wrongful conviction of Bianchi and Synek by

  • fabricating witness statements,
  • manufacturing evidence,
  • suppressing exculpatory evidence and
  • continuing to conceal their wrongdoing

from Bianchi and Synek and their attorneys during the criminal proceedings.

151. At all times relevant hereto, Defendants Tonigan, McQueen, and the Quest Investigators were acting under color of law, and their individual and concerted conduct as described herein was done with deliberate indifference to the rights of Bianchi and Synek.

152. Defendants’ individual acts and conspiracy as described above violated Bianchi and Synek’s right to due process and a fair trial as provided for in the Fifth and Fourteenth Amendment to the United States Constitution and have caused Bianchi and Synek to suffer and will in the future continue to suffer, severe damages including loss of reputation, mental anguish, emotional distress, and legal expenses, as alleged herein.

WHEREFORE, Plaintiffs Louis A. Bianchi and Joyce A. Synek demand judgment against the Defendants, Henry C. Tonigan, III, Thomas K. McQueen, Kelleher & Buckley, LLC, Daniel Jerger, Robert Scigalski, James Reilly, Richard Stilling, Patrick Hanretty, and Quest Consultants International, Limited jointly and severally, for compensatory and punitive damages in a sum in excess of $1,000,000.00 and for his attorneys’ fees and costs pursuant to 42 U.S.C. § 1988.

COUNT V

42 U.S.C. § 1983
FOURTEENTH AMENDMENT–DUE PROCESS VIOLATIONS (CONSPIRACY) SECOND PROSECUTION OF BIANCHI

153. Plaintiff Louis A. Bianchi realleges and incorporates paragraphs 1 through 129 above as paragraph 153 of this Count V.

154. At all times relevant hereunder, Bianchi enjoyed the right to a fair trial as enumerated in the Fifth and Fourteenth Amendments to the Constitution of the United States, including the right not to be prosecuted upon manufactured and fabricated evidence, and to notice and disclosure of evidence that tends to negate the guilt of Plaintiff.

155. At all relevant times, Defendants Tonigan, McQueen, and the Quest Investigators as well as yet unnamed co-conspirators, individually, jointly and in conspiracy with each other caused the wrongful charging and continued prosecution of Bianchi, and attempted to secure the wrongful conviction of Bianchi by fabricating witness statements, manufacturing evidence, suppressing exculpatory evidence, continuing to conceal their wrongdoing from Bianchi and his attorneys during the criminal proceedings.

156. At all times relevant hereto, Defendants Tonigan, McQueen, and the Quest Investigators were acting under color of law, and their individual and concerted conduct as described hereinabove was done with deliberate indifference to the rights of Bianchi.

In this First Electric Newspaper phone, from left to right, Special Prosecutors Thomas McQueen and Henry Tonigan are joined by Quest President Robert Scigalski in a press conference.

157. Defendants’ individual acts and conspiracy as described above violated Bianchi’s right to due process and a fair trial as provided for in the Fifth and Fourteenth Amendment to the United States Constitution and have caused Bianchi to suffer and will in the future continue to suffer, severe damages including loss of reputation, mental anguish, emotional distress, and legal expenses, as alleged herein.

WHEREFORE, the Plaintiff, Louis A. Bianchi demands judgment against the Defendants, Henry C. Tonigan, III, Thomas K. McQueen, Kelleher & Buckley, LLC, Daniel Jerger, Robert Scigalski, James Reilly, Richard Stilling, Patrick Hanretty, and Quest Consultants International, Limited, jointly and severally, for compensatory and punitive damages in a sum in excess of $1,000,000.00 and for his attorneys’ fees and costs pursuant to 42 U.S.C. § 1988.

COUNT VI

42 U.S.C. § 1983
FIRST AMENDMENT–RETALIATORY PROSECUTION (CONSPIRACY) FIRST PROSECUTION OF BIANCHI AND SYNEK

State’s Attorney Lou Bianchi greeting constituents at the 2010 McHenry Business Expo.

158. Plaintiffs Louis A. Bianchi and Joyce A. Synek reallege and incorporate paragraphs 1 through 129 above as paragraph 158 of this  Count VI.

159. At all time relevant hereunder, Bianchi enjoyed the right to seek and participate in he political process and to seek and hold political office under the First Amendment to the Constitution of the United States.

160. At all relevant times, Defendants Tonigan, McQueen, the Quest Investigators, and as yet unnamed co-conspirators, individually, jointly and in conspiracy with each other caused the wrongful charging and continued prosecution of Bianchi and Synek for crimes that were not supported by probable cause in retaliation against Bianchi for his decision to seek and hold public office, and in order to force Bianchi to resign and/or be forced from his elected position as McHenry County State’s Attorney, and to render Bianchi unelectable in the future and prevent Bianchi from holding public office in the future.

161. Defendants’ individual acts and conspiracy to unlawfully detain, arrest, and falsely charge Bianchi and Synek by manufacturing and fabricating evidence against them and withholding exculpatory evidence from them was intended to retaliate against Bianchi for engaging in protected activity and to prevent Bianchi from engaging in future protected activity.

162. At all times relevant hereto, Defendants Tonigan, McQueen, and the Quest Investigators were acting under color of law, and their individual and concerted conduct as described herein was done with deliberate indifference to the rights of Bianchi and Synek.

163. Defendants’ individual acts and conspiracy as described above violated Bianchi and Synek’s right to be free from prosecution in retaliation for Bianchi’s decision to seek and hold political office as provided in the First Amendment to the United States Constitution and have caused Bianchi and Synek to suffer and will in the future continue to suffer, severe damages including loss of reputation, mental anguish, emotional distress, and legal expenses, as alleged herein.

WHEREFORE, the Plaintiffs, Louis A. Bianchi and Joyce A. Synek, demand judgment against the Defendants, Henry C. Tonigan, III, Thomas K. McQueen, Kelleher & Buckley, LLC, Daniel Jerger, Robert Scigalski, James Reilly, Richard Stilling, Patrick Hanretty, and Quest Consultants International, Limited, jointly and severally, for compensatory and punitive damages in a sum in excess of $1,000,000.00 and for his attorneys’ fees and costs pursuant to 42 U.S.C. § 1988.

COUNT VII

42 U.S.C. § 1983
FIRST AMENDMENT–RETALIATORY PROSECUTION (CONSPIRACY) SECOND PROSECUTION OF BIANCHI, SALGADO, AND MCCLEARY

Lou Bianchi entry in the 2008 4th of July Parade in Crystal Lake.

164. Plaintiffs Louis A. Bianchi, Ronald J. Salgado, and Michael J. McCleary reallege and incorporate paragraphs 1 through 129 above as paragraph 164 of this Count VII.

165. At all time relevant hereunder, Bianchi enjoyed the right to seek and participate in the political process and to seek and hold political office under the First Amendment to the Constitution of the United States.

166. At all relevant times, Defendants Tonigan, McQueen, the Quest Investigators, and as yet unnamed co-conspirators, individually, jointly and in conspiracy with each other caused

  • the wrongful charging and
  • continued prosecution

of Bianchi, Salgado, and McCleary for crimes that were not supported by probable cause in retaliation against Bianchi

  • for his decision to seek and hold public office, and in order
  • to force Bianchi to resign and/or be forced from his elected position as McHenry County State’s Attorney, and
  • to render Bianchi unelectable in the future and prevent Bianchi from holding public office in the future.

167. Defendants’ individual acts and conspiracy to unlawfully detain, arrest, and falsely charge Bianchi, Salgado, and McCleary by manufacturing and fabricating evidence against them and withholding exculpatory evidence from them was intended to retaliate against Bianchi for engaging in protected activity and to prevent Bianchi from engaging in future protected activity.

168. At all times relevant hereto, Defendants Tonigan, McQueen, and the Quest Investigators were acting under color of law, and their individual and concerted conduct as described herein was done with deliberate indifference to the rights of Bianchi, Salgado, and McCleary.

169. Defendants’ individual acts and conspiracy as described above violated Bianchi, Salgado, and McCleary’s right to be free from prosecution in retaliation for Bianchi’s decision to seek and hold political office as provided in the First Amendment to the United States Constitution and have caused Bianchi, Salgado, and McCleary to suffer and will in the future continue to suffer, severe damages including loss of reputation, mental anguish, emotional distress, and legal expenses, as alleged herein.

WHEREFORE, the Plaintiffs, Louis A. Bianchi, Ronald J. Salgado, and Michael J. McCleary, demand judgment against the Defendants, Henry C. Tonigan, III, Thomas K. McQueen, Kelleher & Buckley, LLC, Daniel Jerger, Robert Scigalski, James Reilly, Richard Stilling, Patrick Hanretty, and Quest Consultants International, Limited, jointly and severally, for compensatory and punitive damages in a sum in excess of $1,000,000.00 and for his attorneys’ fees and costs pursuant to 42 U.S.C. § 1988.

Tomorrow we move onto “COUNT VIII – STATE LAW CLAIM–MALICIOUS PROSECUTION AND CONSPIRACY, FIRST PROSECUTION OF BIANCHI AND SYNEK.”


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