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Complainant rejects that he struck anyone, but nonetheless he alleges that the City and its officers performed a staged investigation of the event, overlooked evidence that showed Complainant's innocence and kept just sufficient proof to justify Plaintiff's incorrect arrest. This Article Is More In-Depth on January 18, 2006 is the only discreet act of which Complainant grumbles.
The Plaintiff does not determine the district attorneys included, nor does he name them as parties to this fit. Complainant cites to the City of Naperville's Municipal Code Section 1-8A-2 to support the allegation that Chief Dial is the City's last policymaking authority with regard to the department's sham investigation and false arrest.
Afterwards Complainant demanded an examination of the conspiratorial nature of the general public incident and that anybody connected with the matter be disciplined. The grievance specifically declares an acquittal, see Compl. 21, although” [e] vidence of acquittal in a criminal action is typically irrelevant and inadmissible in a civil case including the exact same occurrence” due to the fact that “it constitutes a negative sort of conclusion lodged in a finding of failure of the prosecution to sustain the concern of evidence beyond a sensible doubt.” Estate of Christopher A.
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Dieter, 395 F. 3d 747, 755 (7th Cir. 2005) (verifying summary judgment on 1983 claims against the sheriff of St. Joseph County and others). As alleged, in between June and November 2007 Complainant requested that the officers involved in his investigation and arrest be reprimanded and that the department problem to Complainant an apology for its actions and a reimbursement of $129,500.
In reaction to Complainant's actions, Complainant alleges that the City and others took vindictive steps to intimidate, threaten, penalize and reject Plaintiff. These actions, to name a few, consisted of: taking part in conferences of “public significance” while excluding Complainant; investigating Complainants personal and official conduct, hoping that the investigation would produce disparaging info; browsing authorities records for complaints against Complainant with the intent to publicly disseminate them; making incorrect accusations that Plaintiff was utilizing his position on Naperville's City board for personal gain; and taking steps to remember Plaintiff from public workplace.
