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E-FILED

Tuesday, 21 July, 2015 09:08:28 AM

Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF ILLINOIS
ROCK ISLAND DIVISION
STEPHEN J. GIRMAN,

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Plaintiff,
vs.
CITY OF ROCK ISLAND,
a municipal corporation,
OFFICER JUSTIN HOLMES
a Rock Island Police Officer,
in his individual capacity,
OFFICER SCOTT GABLE,
a Rock Island Police Officer,
in his individual capacity,
OFFICER ANTHONY ZIER,
a Rock Island Police Officer,
in his individual capacity,
Defendants.

15 CV 4090

JURY TRIAL DEMANDED

________________________________________________________________________
COMPLAINT
________________________________________________________________________
Plaintiff, Stephen Girman (GIRMAN), by and through its attorney, Law Offices
of Michael P. Schmiege, complains of Defendants City of Rock Island, Officer Justin
Holmes, Officer Scott Gable and Officer Anthony Zier and states as follows:
JURISDICTION AND VENUE
1.

The Jurisdiction of the court is invoked pursuant to the Civil Rights Act, 42
U.S.C. 1983 et seq; the Judicial Code, 1331 and 1343(a); and the
Constitution of the United States.

2.

Venue is proper in this District under 28 U.S.C. 1391(b). The parties reside, or,

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at the time the events took place, resided in this judicial district, and the events
giving rise to plaintiffs claims also occurred in this judicial district.
PARTIES
3.

GIRMAN is a resident of Rock Island, Illinois.

4.

Defendants GABLE, HOLMES AND ZIER were, at the time of this occurrence,
duly appointed police officers employed by the City of Rock Island and engaged
in the conduct complained of in the course and scope of their employment with
the City of Rock Island.

5.

At the times material to this complaint, Defendants GABLE, HOLMES AND

ZIER were acting under color of state law, ordinance, and /or regulation. They are
sued in their individual capacities.

6.

Defendant City of Rock Island is a municipal corporation, duly incorporated

under the laws of the State of Illinois, is the employer and principal of the
defendant police officers.
FACTS

7.

On September 16, 2014 GIRMAN was at his residence located at 2351 12th Street,
Rock Island, Illinois 61201.

8.

GIRMAN called the Rock Island Police Department and asked them to respond to
his location to remove Jerid Ryder (RYDER) from that address.

9.

Defendants HOLMES AND ZIER arrived at GIRMANs residence and began to

question GIRMAN and RYDER.

10.

Defendants HOLMES and ZIER asked RYDER if he would leave and go to

detox.

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11.

RYDER responded that he did not want to go.

12.

Defendants HOLMES and ZIER then inquired as to the relationship status of

GIRMAN and RYDER.

13.

GIRMAN responded that they were partners.

14.

Defendants HOLMES and ZIER then grabbed RYDER by the arm and threw him
face first into the garage wall causing injury to RYDER.

15.

Defendants HOLMES and ZIER called for backup and Defendant GABLE
arrived on scene.

16.

GIRMAN repeatedly requested medical attention for his partner RYDER.

17.

Defendants HOLMES, GABLE and ZIER refused to seek medical attention for
the injured RYDER.

18.

GIRMAN continue to request medical attention for RYDER.

19.

Defendant GABLE then charged and struck GIRMAN.

20.

Defendants GABLE and HOLMES then threw GIRMAN to the ground.

21.

Defendant GABLE and/or HOLMES then placed their knee on the back of the
head of GIRMAN forcing his head into the ground causing GIRMAN to have
difficulty breathing and breaking his glasses.

22.

Defendant GABLE and/or HOLMES then bent GIRMANs arm behind his back
with such force that GIRMAN felt as though it was going to break.

23.

GIRMAN informed the Defendant Officers that he was handicapped and he could
not maneuver his hand/arm in that manner. GIRMANs handicap was evident to
the Defendant Officers.

24.

Defendant Officers responded that they did not care that they were hurting his

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arm and then placed him in handcuffs.

25.

Defendant GABLE and/or HOLMES placed the handcuffs on GIRMAN so tightly

that they caused injury to his wrist.

26.

After placing the handcuffs on GIRMAN Defendant Officers then rolled

GIRMAN onto his back.

27.

While lying handcuffed on his back Defendant Officer GABLE and/or HOLMES
buried his knee into the left side of GIRMANs chest breaking three of his ribs.

28.

Then Defendant Officer HOLMES sprayed pepper spray into the eyes of
GIRMAN.

29.

Defendants did not have a reasonable basis for using any force, much less the
amount of force they used against GIRMAN.

30.

Defendants GABLE, HOLMES and ZIER had the duty and opportunity to
intervene to protect GIRMAN and did nothing to assist him or prevent the
physical abuse he received.

31.

Defendants GABLE, HOLMES and ZIER jointly agreed and/or conspired with
one another to complete false and/or incomplete official reports and to give a false
and incomplete versions of the events to certain superiors and the public; falsely
claiming that GIRMAN resisted arrest in order to cover up their misconduct.

32.

All of the actions of the Defendants and their named and unnamed coconspirators, as set forth herein were done jointly, in concert, and with shared
intent and thereby constitute a continuing civil conspiracy under 42 U.S.C.
1983.

33.

As the proximate result of all the aforementioned actions by Defendants,

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GIRMAN suffered loss of freedom, bodily injury, pain and suffering,

psychological damage, medical expenses.
COUNT I
42 U.S.C. 1983 Claim for Excessive Force
16.

GIRMAN re-alleges what has been previously alleged in this complaint.

17.

The actions of Defendants Officers in physically abusing and otherwise using

unreasonable and unjustifiable force against GIRMAN, as described above,
violated GIRMANS rights under the Fourth Amendment to the United States
Constitution, incorporated to the states and municipalities through the Fourteenth
Amendment, to be secure in his person, papers and effects against unreasonable
searches and seizures and thus violated 42 U.S.C. 1983.

18.

As the proximate result of all of the aforementioned actions by Defendants

Officers, GIRMAN suffered loss of freedom, bodily injury, pain and suffering,
emotional damage and medical expenses.
WHEREFORE, pursuant to 42 U.S.C. 1983 and 1988, GIRMAN demands

compensatory damages against Defendants Officers and because each acted maliciously,
wantonly or oppressively, substantial punitive damages, plus the costs of this action, plus
attorneys fees and other and additional relief as this Court deems equitable and just.
COUNT II
42 U.S.C. 1983 Claim for Failure to Intervene
19.

GIRMAN re-alleges what has been previously alleged in this complaint.

20.

The action, or inaction, of the Defendant Officers in failing to intervene to protect

GIRMAN from excessive force and battery despite the duty and reasonable
opportunity to do so, violated GIRMANs rights under the Fourth and Fourteenth

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Amendments to the United States Constitution and hence violated 42 U.S.C.

1983.
21.

As a proximate result of the aforementioned actions by the Defendant Officers,

GIRMAN suffered loss of freedom, bodily injury, pain and suffering, emotional
damage, and medical expenses.
WHEREFORE, GIRMAN demands judgment, compensatory damages against the

Defendant Officers, and because each acted maliciously, wantonly, and oppressively,
GIRMAN demands substantial punitive damages, costs, attorneys fees, and any other
additional relief this Court deems equitable and just.
COUNT III
42 U.S.C. 1983 Conspiracy
34.

GIRMAN re-alleges what has been previously alleged in this complaint.

35.

The Defendant Officers reached an agreement amongst themselves to unlawfully

arrest and/or conceal any of the aforementioned illegal acts that had occurred and
violated GIRMANs First, Fourth, and Fourteenth Amendment rights to the
United States Constitution and hence violated 42 U.S.C. 1983.

36.

In so doing Defendants took actions in furtherance of this conspiracy causing

injury to GIRMAN, and falsifying police reports to cover up the actions.

37.

As a result of all the aforementioned actions by the Defendant Officers, GIRMAN

suffered loss of freedom and liberty, bodily injury, pain and suffering, emotional
damage, emotional distress, and pecuniary injury and legal expenses.
WHEREFORE, GIRMAN demands judgment, compensatory damages against the

Defendant Officers, and because each acted maliciously, wantonly, and oppressively,

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GIRMAN demands substantial punitive damages, costs, attorneys fees, and any other
additional relief this Court deems equitable and just.
COUNT IV
State Law Claim for Intentional Infliction of Emotional Distress
38.

GIRMAN re-alleges what has been previously alleged in this complaint.

39.

The Defendant Officers engaged in extreme and outrageous behavior as detailed

above.

40.

The Defendant Officers intended such conduct to inflict severe emotional distress
upon GIRMAN and knew that their conduct would cause GIRMAN severe
emotional distress.

41.

As a direct and proximate result of the Defendant police officers outrageous

conduct, GIRMAN was injured and suffered actual damages.
WHEREFORE, GIRMAN demands substantial actual or compensatory damages,

and because the Defendant officers acted maliciously, wantonly, or oppressively, plus the
costs of this action and whatever additional relief this Court deems equitable and just.
COUNT V
State Law Civil Conspiracy
42.

GIRMAN re-alleges what has been previously alleged in this complaint.

43.

Defendants GABLE, HOLMES AND ZIER, together with their unsued coconspirators, reached an understanding, engaged and continue to engage in a
course of conduct, and otherwise jointly acted and/or conspired among and
between themselves to unreasonably stop, seize, and beat GIRMAN in violation
of his constitutional rights and to complete false and misleading reports and make
false statements to superior officers in order to conceal their wrongdoing.

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44.

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In furtherance of this conspiracy or conspiracies, the Defendants, together with

their unsued co-conspirators, committed the overt acts set forth above.

45.

The conspiracy or conspiracies were and are continuing in nature.

WHEREFORE, GIRMAN demands substantial actual or compensatory damages,

and because Defendants GABLE, HOLMES AND ZIER acted maliciously, wantonly, or
oppressively, punitive damages, plus the costs of this action and whatever additional
relief this Court deems equitable and just.
COUNT X
State Law Claim for Battery
46.

GIRMAN re-alleges what has been previously alleged in this complaint.

47.

The Defendants knowingly and without legal justification caused bodily harm to
GIRMAN when they pepper sprayed him, beat him about the body and applied
unreasonable force in handcuffing GIRMAN.
WHEREFORE, GIRMAN demands substantial actual or compensatory damages,

and because Defendants GABLE, HOLMES AND ZIER acted maliciously, wantonly, or
oppressively, punitive damages, plus the costs of this action and whatever additional
relief this Court deems equitable and just.
COUNT XI
42 U.S.C. 1983 UNREASONABLE/ILLEGAL SEARCH & SEIZURE
48.

GIRMAN re-alleges what has been previously alleged in this complaint.

49.

The actions of the Defendant Officers of detaining GIRMAN, physically

subjugating and abusing GIRMAN, using handcuffs on the Plaintiffs, violated the

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Plaintiffs rights under the Fourth and Fourteenth Amendments to the United
States Constitution and hence violated 42 U.S.C. 1983.
50.

As a proximate result of the aforementioned actions by the Defendant Officers,

GIRMAN suffered loss of freedom, bodily injury, pain and suffering, emotional
damage, and medical expenses.
WHEREFORE, GIRMAN demands judgment, compensatory damages against the

Defendant Officers, and because each acted maliciously, wantonly, and oppressively,
GIRMAN demands substantial punitive damages, costs, attorneys fees, and any other
additional relief this Court deems equitable and just.
COUNT XII
42 U.S.C. 1983 EQUAL PROTECTION
51.

GIRMAN re-alleges what has been previously alleged in this complaint.

52.

The arresting defendants subjected GIRMAN to such deprivations by either

malice or a reckless disregard of his rights. The seizure, arrest and detention of
GIRMAN was further unlawful in that it was motivated by the sexual orientation
of GIRMAN.

53.

The actions of the Defendant Officers denied GIRMAN the equal protection of
the law in violation of the Constitution. In their actions, described more fully
above, the Defendant Officers treated GIRMAN differently than other similarly
situated individuals based on his membership of a particular class specifically,
GIRMAN was victimized on the basis of his sexual orientation, homosexuality.

54.

The Defendant Officers actions were motivated by sexual orientation animus and
discriminatory purpose, not rationally related to any legitimate governmental

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interest, which affected GIRMAN disproportionately than similarly situated

hetrosexuals.
55.

As a proximate result of the aforementioned actions by the Defendant Officers,

GIRMAN suffered loss of freedom, bodily injury, pain and suffering, emotional
distress, and medical expenses.
WHEREFORE, GIRMAN demands judgment, compensatory damages against the

Defendant Officers, and because each acted maliciously, wantonly, and oppressively,
GIRMAN demands substantial punitive damages, costs, attorneys fees, and any other
additional relief this Court deems equitable and just.

COUNT XIII
State Law Claim for Respondeat Superior Against Defendant City of Rock Island
56.

GIRMAN re-alleges what has been previously alleged in this complaint.

57.

Defendants GABLE, HOLMES AND ZIER were, at all times material to this
complaint, employees and agents of the Defendant City of Rock Island acting
within the scope of their employment. Defendant City of Rock Island is liable for
the acts of Defendants which violated state law under the doctrine of respondeat
superior.
WHEREFORE, GIRMAN demands judgment for compensatory damages, jointly

and severally from the City of Rock Island plus the costs of this action and whatever
additional relief this Court deems equitable and just.

COUNT XIV
745 ILCS 10/9-102 Indemnification Claim Against Defendant City of Rock Island
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58.

GIRMAN re-alleges what has been previously alleged in this complaint.

59.

Defendant City of Rock Island was the employer of Defendants GABLE,

HOLMES AND ZIER at all times relevant to this complaint.

60.

Defendant police officers committed the acts alleged above under the color of law
and in the scope of their employment as employees of the City of Rock Island,
and the City is liable for their actions pursuant to 745 ILCS 10/9-102.
WHEREFORE, GIRMAN demands judgment against the Defendant City of Rock

Island in the amount awarded to GIRMAN against any and all individual Defendants as
damages, attorneys fees, costs and interest, and/or for any settlement entered into
between the Plaintiff and Defendants, and for whatever additional relief this Court deems
equitable and just.
JURY DEMAND
GIRMAN hereby demands a trial by jury pursuant to Federal Rule of Civil
Procedure 38(b) on all claims.
Respectfully Submitted,
By: s/ Michael P. Schmiege
Michael P. Schmiege
Attorney for Plaintiff
405 N. Wabash Avenue Suite P2C
Chicago, Illinois 60611
TEL: 312-626-2400
FAX: 312-626-2401
mikeschmiege@gmail.com
IL ARDC 6287317

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