Lou Bianchi’s Case against Those Who Persecuted Him – Part 5

Bob McCoppin wrote an article in the Chicago Tribune Monday about the settlement by Special Prosecutor Henry Tonigan. The most interesting sentence follows: “Because prosecutors normally are protected from lawsuits by absolute immunity,Susana Ortiz, an attorney at ITT Chicago-Kent College of Law, called it ‘beyond rare’ for a prosecutor to settle such a suit.”

This is the fifth and final installment of Lou Bianchi’s attorney Terry Ekl’s 49-page First Amended Complaint in the Federal Court suit the McHenry County State’s Attorney and his employees who were indicted in case with insufficient evidence brought against Special Prosecutors Henry Tonigan and Thomas McQueen, plus Quest Consultants International and others.

Outlined are counts claiming

  • Malicious prosecution and conspiracy in the first prosecution of Lou Bianchi and his assistant Joyce Synek
  • Malicious prosecution and conspiracy in the second trial of Lou Bianchi and his investigator Ron Salgado
  • Malicious prosecution and conspiracy in the trial of investigator Michael McCleary
  • Intentional infliction of emotional distress and conspiracy with regard to
      • Lou Bianchi
      • Joyce Synek
      • Ron Salgado
      • Michael McCleary
  • Defamation and conspiracy against the four

COUNT VIII

STATE LAW CLAIM–MALICIOUS PROSECUTION AND CONSPIRACY FIRST PROSECUTION OF BIANCHI AND SYNEK

Lou Bianchi

Joyce Synek

170. Plaintiffs Louis A. Bianchi and Joyce A. Synek reallege and incorporate paragraphs 1 through 129 above as paragraph 170 of this Count VIII.

171. At all relevant times, Defendants Tonigan, McQueen, and the Quest Investigators, lacked probable cause to detain, arrest and/or charge Bianchi and Synek for a violation of any law, statute or ordinance of any jurisdiction.

172. At all relevant times, the Defendants were acting under color of law as special state’s attorneys and special investigators to the special state’s attorneys.

173. 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 falsely and maliciously charge Bianchi and Synek with violations of criminal provisions of the Illinois Criminal Code without probable cause to do so.

174. As set forth above, and in furtherance of said agreement, Defendants Tonigan, McQueen and the Quest Investigators manufactured and fabricated evidence, falsified police reports, filed false criminal charges initiating judicial proceedings, withheld, concealed and/or destroyed exculpatory evidence, and lied under oath.

175. As set forth above, the criminal charges initiated by Defendants Tonigan, McQueen, and the Quest Investigators were filed with malice and disposed of in favor of Bianchi and Synek in a manner indicative of the actual innocence of Bianchi and Synek.

176. As the proximate cause of the false and malicious prosecution as set forth above, Bianchi and Synek have suffered and will continue in the future to suffer injuries of a personal and pecuniary nature.

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.

COUNT IX

STATE LAW CLAIM–MALICIOUS PROSECUTION AND CONSPIRACY SECOND PROSECUTION OF BIANCHI AND SALGADO

Lou Bianchi

Ron Salgado

177. Plaintiffs Louis A. Bianchi and Ronald J. Salgado reallege and incorporate paragraphs 1 through 129 above as paragraph 177 of this Count IX.

178. At all relevant times, Defendants Tonigan, McQueen, and the Quest Investigators, lacked probable cause to detain, arrest and/or charge Bianchi and Salgado for a violation of any law, statute or ordinance of any jurisdiction.

179. At all relevant times, the Defendants were acting under color of law as special state’s attorneys and special investigators to the special state’s attorneys.

180. 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 falsely and maliciously charge Bianchi and Salgado with additional violations of criminal provisions of the Illinois Criminal Code without probable cause to do so.

181. As set forth above, and in furtherance of said agreement, Defendants Tonigan, McQueen, and the Quest Investigators manufactured and fabricated evidence, falsified police reports, filed false additional criminal charges initiating judicial proceedings, withheld, concealed and/or destroyed exculpatory evidence, and lied under oath.

182. As set forth above, the additional criminal charges initiated by Defendants Tonigan, McQueen, and the Quest Investigators were filed with malice and disposed of in favor of Bianchi and Salgado in a manner indicative of the actual innocence of Bianchi and Salgado.

183. As the proximate cause of the false and malicious prosecution as set forth above, Bianchi and Salgado has suffered and will continue in the future to suffer injuries of a personal and pecuniary nature.

WHEREFORE, the Plaintiffs, 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.

COUNT X

STATE LAW CLAIM–MALICIOUS PROSECUTION AND CONSPIRACY, MCCLEARY’S PROSECUTION

Michael McCleary

184. Plaintiff Michael McCleary realleges and incorporates paragraphs 1 through 129 above as paragraph 184 of this Count X.

185. At all relevant times, Defendants Tonigan, McQueen and the Quest Investigators lacked probable cause to detain, arrest and/or charge McCleary for a violation of any law, statute or ordinance of any jurisdiction.

186. At all relevant times, the Defendants were acting under color of law as special state’s attorneys and special investigators to the special state’s attorneys.

187. 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 falsely and maliciously charge McCleary with violations of criminal provisions of the Illinois Criminal Code without probable cause to do so.

188. As set forth above, and in furtherance of said agreement, Defendants Tonigan, McQueen and the Quest Investigators manufactured and fabricated evidence, falsified police reports, filed false criminal charges initiating judicial proceedings, withheld, concealed and/or destroyed exculpatory evidence, and lied under oath.

189. As set forth above, the criminal charges initiated by Defendants Tonigan, McQueen and the Quest Investigators, were filed with malice and disposed of in favor of McCleary in a manner indicative of the actual innocence of McCleary

190. As the proximate cause of the false and malicious prosecution as set forth above, McCleary has suffered and will continue in the future to suffer injuries of a personal and pecuniary nature.

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.

COUNT XI

STATE LAW CLAIM
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND CONSPIRACY (LOUIS BIANCHI)

191. Plaintiff Louis A. Bianchi realleges and incorporates paragraphs 1 through 129 above as paragraph 191 of this Count XI.

McHenry County Jail were Lou Bianchi was booked.

192. Defendants Tonigan, McQueen, and the Quest Investigators accomplished an unlawful result through individual and/or concerted action in that they agreed, through explicit or implicit means, to falsely and maliciously arrest and prosecute Bianchi without lawful justification.

193. In furtherance of said agreement, Defendants Tonigan, McQueen, and the Quest Investigators

  • fabricated, manufactured, and withheld evidence,
  • falsely and maliciously detained, arrested and charged Bianchi with violations of the Illinois Criminal Code, and
  • made false statements concealing their individual and concerted conduct.

194. The above described conduct was extreme and outrageous and committed with the intent to cause, or with awareness of the high probability that it would cause, Bianchi extreme emotional distress.

195. As a proximate result of the above described conduct of the Defendants, Bianchi has suffered, and will in the future continue to suffer, extreme damages, including extreme emotional distress and pecuniary injuries.

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, Patrick Hanretty, Richard Stilling, and Quest Consultants International, Limited, jointly and severally, for compensatory and punitive damages in a sum in excess of $1,000,000.00.

COUNT XII

STATE LAW CLAIM
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND CONSPIRACY (JOYCE SYNEK)

196. Plaintiff Joyce A. Synek realleges and incorporates paragraphs 1 through 129 above as paragraph 196 of this Count XII.

197. Defendants Tonigan, McQueen, and the Quest Investigators accomplished an unlawful result through individual and/or concerted action in that they agreed, through explicit or implicit means, to falsely and maliciously arrest and prosecute Synek without lawful justification.

198. In furtherance of said agreement, Defendants Tonigan, McQueen, and the Quest Investigators fabricated, manufactured, and withheld evidence, falsely and maliciously detained, arrested and charged Synek with violations of the Illinois Criminal Code and made false statements concealing their individual and concerted conduct.

Joyce Synek’s mug shot appeared on Chicago Fox TV.

199. The above described conduct was

  • extreme and
  • outrageous

and committed

  • with the intent to cause, or
  • with awareness of the high probability

that it would cause Synek extreme emotional distress.

200. As a proximate result of the above described conduct of the Defendants, Synek has suffered, and will in the future continue to suffer, extreme damages, including extreme emotional distress and pecuniary injuries.

WHEREFORE, the Plaintiff, Joyce A. Synek, demands judgment against the Defendants, Henry C. Tonigan, III, Thomas K. McQueen, Kelleher & Buckley, LLC, Daniel Jerger, Robert Scigalski, James Reilly, Patrick Hanretty, Richard Stilling, and Quest Consultants International, Limited, jointly and severally, for compensatory and punitive damages in a sum in excess of
$1,000,000.00.

COUNT XIII

STATE LAW CLAIM
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND CONSPIRACY (RONALD SALGADO)

Ron Salgado

201. Plaintiff Ronald J. Salgado realleges and incorporates paragraphs 1 through 129 above as paragraph 201 of this Count XIII.

202. Defendants Tonigan, McQueen, and the Quest Investigators accomplished an unlawful result through individual and/or concerted action in that they agreed, through explicit or implicit means, to falsely and maliciously arrest and prosecute Salgado without lawful justification.

203. In furtherance of said agreement, Defendants Tonigan, McQueen, and the Quest Investigators fabricated, manufactured, and withheld evidence, falsely and maliciously detained, arrested and charged Salgado with violations of the Illinois Criminal Code and made false statements concealing their individual and concerted conduct.

204. The above described conduct was extreme and outrageous and committed with the intent to cause, or with awareness of the high probability that it would cause Salgado extreme emotional distress.

205. As a proximate result of the above described conduct of the Defendants, Salgado has suffered, and will in the future continue to suffer, extreme damages, including extreme emotional distress and pecuniary injuries.

WHEREFORE, the Plaintiff, Ronald J. Salgado 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.

COUNT XIV

STATE LAW CLAIM
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND CONSPIRACY (MICHAEL MCCLEARY)

Michael McCleary

206. Plaintiff Michael McCleary realleges and incorporates paragraphs 1 through 129 above as paragraph 206 of this Count XIV.

207. Defendants Tonigan, McQueen and the Quest Investigators, accomplished an unlawful result through individual and/or concerted action in that they agreed, through explicit or implicit means, to falsely and maliciously arrest and prosecute McCleary without lawful justification.

208. In furtherance of said agreement, Defendants Tonigan, McQueen and the Quest Investigators fabricated, manufactured, and withheld evidence, falsely and maliciously detained, arrested and charged McCleary with violations of the Illinois Criminal Code and made false statements concealing their individual and concerted conduct.

209. The above described conduct was extreme and outrageous and committed with the intent to cause, or with awareness of the high probability that it would cause McCleary extreme emotional distress.

210. As a proximate result of the above described conduct of the Defendants, McCleary has suffered, and will in the future continue to suffer, extreme damages, including extreme emotional distress and pecuniary injuries.

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.

COUNT XV

STATE LAW CLAIM
DEFAMATION AND CONSPIRACY (LOUIS BIANCHI, RONALD SALGADO, AND MICHAEL MCCLEARY)

Henry Tonigan. 

Thomas McQueen. Credit for both photos: First Electric Newspaper.

211. Plaintiffs Louis Bianchi, Ronald Salgado, and Michael McCleary reallege and incorporate paragraphs 1 through 129 above as paragraph 211 of this Count XV.

212. As set forth more fully above in paragraphs 103 and 104, Defendants Tonigan and McQueen individually and/or in concert with each other made false statements against Plaintiffs.

213. Defendants Tonigan, McQueen, and Kelleher & Buckley caused these statements to be widely published in the media.

214. Defendants Tonigan and McQueen made the aforesaid statements with malice, knowing they were false.

215. As a direct and proximate result of the actions of Defendants Tonigan, McQueen, and Kelleher & Buckley in making and publishing false statements about Plaintiffs, Plaintiffs have suffered and will continue in the future to suffer injuries of a personal and pecuniary nature.

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, and Kelleher & Buckley, LLC, jointly and severally, for compensatory and punitive damages in a sum in excess of $1,000,000.00.

PLAINTIFFS DEMAND A JURY OF TWELVE

Respectfully submitted by

s/ Terry A. Ekl
Ekl, Williams & Provenzale, LLC
Attorneys for Plaintiff
Terry A. Ekl, Patrick L. Provenzale, Tracy L. Stanker
Ekl, Williams & Provenzale, LLC
901 Warrenville Road, Suite 175
Lisle, IL 60532
(630) 654-0045, (630) 654-0150 Facsimile
tekl@eklwilliams.com, pprovenzale@eklwilliams.com, tstanker@eklwilliams.com
Attorneys for Plaintiff


Comments

Lou Bianchi’s Case against Those Who Persecuted Him – Part 5 — 1 Comment

  1. Hopefully Bianchi can now appreciate what a typical defendant is put through, from indictment to trial.

    I betcha Drew Peterson would like to be judged by Judge Joseph McGraw. Why he wouldn’t even have to put up a defense,with all that cacamehme hearsay evidence being allowed through a law created for Peterson’s sake. Doubt; nothing but with this hearsay crap. Judge Birkett must be eating this up: If only they had this when I was prosecuting, there would have been oh so many more convictions.R7RN

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