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Civil Rights Litigation Clearinghouse
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Case Name Vieyra v. County of Will JC-IL-0038
Docket / Court 05-1904 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Jail Conditions
Case Summary
On April 1, 2005, a pretrial detainee filed this 42 U.S.C. § 1983 action against Will County and a Will County Sheriff in the United States District Court for the Northern District of Illinois, Eastern Division. The plaintiff, represented by private counsel, asked the court for damages, claiming ... read more >
On April 1, 2005, a pretrial detainee filed this 42 U.S.C. § 1983 action against Will County and a Will County Sheriff in the United States District Court for the Northern District of Illinois, Eastern Division. The plaintiff, represented by private counsel, asked the court for damages, claiming that the police and prosecutors of Will County had fabricated charges against him in order to extend his detention, violating his Fourth Amendment rights, and constituting malicious prosecution, false imprisonment, battery, and intentional infliction of emotional distress. Specifically, the plaintiff claimed that a Will County Sheriff had entered his cell while the plaintiff was detained here, and struck him in the face without provocation. Defendants countered with a claim against the plaintiff for aggravated battery. The plaintiff was successful in defending against the aggravated battery charge at trial, and filed this action.

The Court (Judge David Coar) entered an order on July 17, 2006 dismissing the case because the plaintiff had informed the Court that the case had been settled. We have no further information about this case.

Blase Kearney - 05/07/2012


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Assault/abuse by staff
Causes of Action 42 U.S.C. § 1983
Defendant(s) County of Will
Office of the States's Attorney of Will County Illinois
Will County Adult Detention Facility
Plaintiff Description Man who on 04/08/2004 was arrested for aggravated battery with associated case number and who while in a cell was assaulted by a guard and subsequently arrested for battery against that officer.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Order Duration not on record
Case Closing Year 2006
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
1:05-cv-01904 (N.D. Ill.) 07/17/2006
JC-IL-0038-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Second Amended Complaint at Law 07/20/2005
JC-IL-0038-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third Amended Complaint 08/24/2005
JC-IL-0038-0002.pdf | Detail
Judges Coar, David H. (N.D. Ill.)
JC-IL-0038-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bretz, Charles L. (Illinois)
JC-IL-0038-9000
Flaxman, Kenneth N. (Illinois)
JC-IL-0038-0002 | JC-IL-0038-9000
O'Sullivan, Erin Webster (Illinois)
JC-IL-0038-9000
Tedone, Cosmo J (Illinois)
JC-IL-0038-0001 | JC-IL-0038-9000
Defendant's Lawyers Haberkorn, Gerald (Illinois)
JC-IL-0038-9000
McManaman, Martin W. (Illinois)
JC-IL-0038-9000
Moran, Patrick R (Illinois)
JC-IL-0038-9000
Smeltzer, Robert Hill (Illinois)
JC-IL-0038-9000
Wendlinger, Michelle Katherine (Illinois)
JC-IL-0038-9000
Other Lawyers None on record

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