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Barnes V SPD Compliant Response
Barnes V SPD Compliant Response
E-FILED
Monday, 07 December, 2020 11:40:08 AM
Clerk, U.S. District Court, ILCD
DARTAVIUS BARNES, )
)
Plaintiff, )
)
vs. )
) No. 20-cv-3265
CITY OF SPRINGFIELD, a municipal )
corporation, COLTON REDDING, )
BRIAN RIEBLING, ADAM )
WESTLAKE, JUAN RESENDEZ, )
NICHOLAS RENFRO, and REGAN )
MOLOHON, )
)
Defendants. )
NOW COME Defendants, City of Springfield, Colton Redding, Brian Riebling, Adam
Westlake, Juan Resendez, Nicholas Renfro, and Regan Molohon, by and through their attorneys,
Steven C. Rahn and Emily A. Fancher, Assistant Corporation Counsels for the City of Springfield,
and for their Answer to the Complaint and Affirmative Defenses, state as follows:
INTRODUCTION
1. Plaintiff brings this matter to redress the harms caused to Plaintiff by Defendants,
City of Springfield, Illinois, a municipal corporation, Officer Colton Redding, Officer Brian
Riebling, Officer Adam Westlake, Officer Juan Resendez, Officer N icholas Renfro, and Officer
Regan Molohon. Plaintiff brings this matter seeking damages for the various violations of the
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laws of the United States and State of Illinois arising from Defendants' acts and omissions
resulting in harm to Plaintiff.
reflect the allegations within this Complaint, but DENY the veracity of the
2. This case is brought under 42 U.S.C. § 1983 to redress the deprivation under color
of law of Plaintiff s rights as secured by the United States Constitution (Counts I-III), and claims
under Illinois state law (Count IV-VII).
but DENY the allegations in Paragraph 2 to the extent any civil rights violations
and/or personal torts occurred regarding the allegations against Defendants in this
case.
3. This Court has jurisdiction of the action under 28 U.S.C. §§ 1331 and 1367. Venue
is proper under 28 U.S.C. § 1391(b).
ANSWER: Defendants ADMIT jurisdiction and venue are proper as set forth in Paragraph 3 of
the Complaint.
4. On information and belief, all or most of the parties reside in this judicial district,
and the events giving rise to the claims here all occurred within this district.
PARTIES
5. Plaintiff Dartavius Barnes (“Plaintiff”) is a citizen of the United States and citizen
of the State of Illinois.
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7. Defendant Officer Colton Redding Star No. 732 ("Redding") is a citizen of the
United States and citizen of the State of Illinois. At all relevant times herein, Defendant Redding
is/was a sworn peace office and an employee of the City of Springfield, Illinois acting under
color of law. Defendant Redding is sued in his individual capacity.
8. Defendant Officer Brian Riebling Star No. 685 ("Riebling") is a citizen of the
United States and citizen of the State of Illinois. At all relevant times herein, Defendant Riebling
is/was a sworn peace office and an employee of the City of Springfield, Illinois acting under color
of law. Defendant Riebling is sued in his individual capacity.
9. Defendant Officer Adam Westlake Star No. 726 ("Westlake") is a citizen of the
United States and citizen of the State of Illinois. At all relevant times herein, Defendant Westlake
is/was a sworn peace office and an employee of the City of Springfield, Illinois acting under color
of law. Defendant Westlake is sued in his individual capacity.
10. Defendant Officer Juan Resendez ("Resendez") is a citizen of the United States and
citizen of the State of Illinois. At all relevant times herein, Defendant Resendez is/was a sworn
peace office and an employee of the City of Springfield, Illinois acting under color of law.
Defendant Resendez is sued in his individual capacity.
11. Defendant Officer Nicholas Renfro ("Renfro") is a citizen of the United States and
citizen of the State of Illinois. At all relevant times herein, Defendant Renfro is/was a sworn peace
office and an employee of the City of Springfield, Illinois acting under color of law. Defendant
Renfro is sued in his individual capacity.
12. Defendant Officer Regan Molohon Star No. 737 ("Molohon") is a citizen of the
United States and citizen of the State of Illinois. At all relevant times herein, Defendant Molohon
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is/was a sworn peace office and an employee of the City of Springfield, Illinois acting under color
of law. Defendant Molohon is sued in his individual capacity.
13. At all relevant times herein, Defendant City of Springfield, Illinois owned,
controlled, managed, and operated the Springfield Police Department, a department within the City
of Springfield, Illinois.
14. Defendant City of Springfield, Illinois is responsible under respondeat superior for
the conduct of its agents and employees acting within the scope of their employment and under
color of law.
ANSWER: Defendants DENY the allegations of Paragraph 14 as they apply to Counts I, II and
15. At all relevant times herein, Defendants Officer Colton Redding, Officer Brian
Riebling, Officer Adam Westlake, Officer Juan Resendez, Officer Nicholas Renfro, and Officer
Regan Molohon, (collectively referred herein as "Defendants") were acting within the scope of
their employment and under color of law.
16. On April 6, 2020, Plaintiff was lawfully in his vehicle on a public road at or near
the location of 16th and Laurel in Springfield, Illinois.
17. On April 6, 2020, Plaintiff was stopped and detained by Defendants without a
lawful basis.
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18. On April 6, 2020, Plaintiff acted lawfully before and during this stop and detention.
19. On April 6, 2020, during this detention, Plaintiff was not free to leave and was
placed in handcuffs.
20. On April 6, 2020, Defendants searched Plaintiff's person without consent, a valid
warrant, or probable cause.
21. On April 6, 2020, Defendants also searched Plaintiff's vehicle without consent, a
valid warrant, or probable cause.
22. On April 6, 2020, as a result of this unlawful search, Defendants took possession
of a sealed urn containing the ashes of Plaintiff's deceased 2-year-old daughter inside Plaintiff’s
vehicle.
23. On April 6, 2020, Defendants unsealed this urn and opened this urn without consent
and without a lawful basis including a search warrant.
24. On April 6, 2020, as a result of this unlawful search, Defendants desecrated and
spilled out the ashes of Plaintiff's 2-year-old daughter who died several months earlier.
25. On April 6, 2020, and at all relevant times herein, Defendants acted knowingly,
intentionally, willfully, and maliciously.
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COUNT I
27. Plaintiff realleges and incorporates each of the paragraphs of this Complaint
contained in paragraphs 1 through 26 as paragraph 27 as if restated herein.
ANSWER: Defendants repeat and reallege their answers to Paragraphs 1 through 26 for their
29. On April 6, 2020, and at all relevant times herein, Defendants did not have a
reasonable suspicion or probable cause that Plaintiff had committed, was committing, or was about
to commit a crime.
31. On April 6, 2020, Plaintiff possessed the right under the Fourth Amendment of the
United States Constitution to be free from unreasonable searches and seizures of his person and
property.
32. On April 6, 2020, Defendants violated Plaintiff s rights secured by the Fourth
Amendment to the United States Constitution.
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33. As a direct and proximate result of Defendants' conduct, Plaintiff suffered harm.
COUNT II
34. Plaintiff realleges and incorporates each of the paragraphs of this Complaint
contained in paragraphs 1 through 33 as paragraph 34 as if restated herein.
ANSWER: Defendants repeat and reallege their answers to Paragraphs 1 through 33 for their
35. On April 6, 2020, Defendants searched Plaintiff and his personal property.
36. On April 6, 2020, and at all relevant times herein, Defendants did not have a search
warrant or valid exception to a search warrant at the time of their search of Plaintiff and his
personal property.
38. On April 6, 2020, Plaintiff possessed the right under the Fourth Amendment of the
United States Constitution to be free from unreasonable searches and seizures of his person and
property.
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39. On April 6, 2020, Defendants violated Plaintiff's rights secured by the Fourth
Amendment to the United States Constitution.
40. As a direct and proximate result of Defendants' conduct, Plaintiff suffered harm.
COUNT III
41. Plaintiff realleges and incorporates each of the paragraphs of this Complaint
contained in paragraphs 1 through 40 as paragraph 41 as if restated herein.
ANSWER: Defendants repeat and reallege their answers to Paragraphs 1 through 40 for their
42. On April 6, 2020, Defendants violated Plaintiff’s Fourth Amendment rights when
members of the Springfield Police Department searched Plaintiff and Plaintiff’s personal property.
43. On April 6, 2020, Defendants knew that members of the Springfield Police
Department were violating Plaintiff’s Fourth Amendment rights.
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45. On April 6, 2020, Defendants failed to take reasonable steps to prevent harm from
occurring.
46. On April 6, 2020, Defendants' failure to act caused Plaintiff to suffer harm.
COUNT IV
FALSE IMPRISONMENT
CITY OF SPRINGFIELD, REDDING, RIEBLING, WESTLAKE,
RESENDEZ,_ RENFRO, AND MOLOHON
48. Plaintiff realleges and incorporates each of the paragraphs of this Complaint
contained in paragraphs 1 through 47 as paragraph 48 as if restated herein.
ANSWER: Defendants repeat and reallege their answers to Paragraphs 1 through 47 for their
49. On April 6, 2020, Defendant City of Springfield, Illinois, by and through its
employees and/or agents Defendants Redding, Riebling, Westlake, Resendez, Renfro, and
Molohon, restrained Plaintiff.
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51. As a direct and proximate result of the aforesaid acts and/or omissions by
Defendants, Plaintiff sustained harm.
2. Defendants are immune from liability under the Illinois Tort Immunity Act.
COUNT V
52. Plaintiff realleges and incorporates each of the paragraphs of this Complaint
contained in paragraphs 1 through 51 as paragraph 52 as if restated herein.
ANSWER: Defendants repeat and reallege their answers to Paragraphs 1 through 51 for their
53. On April 6, 2020, the conduct of Defendant City of Springfield, Illinois, by and
through its employees and/or agents Defendants Redding, Riebling, Westlake, Resendez, Renfro,
and Molohon, was truly extreme and outrageous.
55. As a direct and proximate result of the aforesaid acts and/or omissions by
Defendants, Plaintiff sustained injuries of severe emotional distress.
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2. Defendants are immune from liability under the Illinois Tort Immunity Act.
COUNT VI
56. Plaintiff realleges and incorporates each of the paragraphs of this Complaint
contained in paragraphs 1 through 55 as paragraph 56 as if restated herein.
ANSWER: Defendants repeat and reallege their answers to Paragraphs 1 through 55 for their
57. On April 6, 2020, Defendant City of Springfield, Illinois, by and through its
employees and/or agents Defendants Redding, Riebling, Westlake, Resendez, Renfro, and
Molohon, detained Plaintiff and searched Plaintiff s personal property.
58. On April 6, 2020, Defendant City of Springfield, Illinois, by and through its
employees and/or agents Defendants Redding, Riebling, Westlake, Resendez, Renfro, and
Molohon, owed Plaintiff a duty of reasonable care to adhere to the laws of United States and
Illinois during this stop and detention.
59. On April 6, 2020, Defendant City of Springfield, Illinois, by and through its
employees and/or agents Defendants Redding, Riebling, Westlake, Resendez, Renfro, and
Molohon, breached their duty where they unlawfully searched Plaintiff s property including
Plaintiff s urn containing his 2-year-old deceased daughter's ashes.
60. As a direct and proximate result of the aforesaid acts and/or omissions by
Defendants, Plaintiff sustained injuries of severe emotional distress.
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2. Defendants are immune from liability under the Illinois Tort Immunity Act.
WHEREFORE, Defendants pray this Court dismiss the Complaint and grant Defendants
their costs and any other relief the Court deems just.
RESPECTFULLY SUBMITTED,
s/ Emily A. Fancher
Bar Number 6326875
Attorney for the City of Springfield, Illinois
Assistant Corporation Counsel
Room 313 Municipal Center East
800 East Monroe Street
Springfield, Illinois 62701-1689
Telephone: (217) 789-2393
Fax: (217) 789-2397
Email: [email protected]
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DARTAVIUS BARNES, )
)
Plaintiff, )
)
vs. )
) No. 20-cv-3265
CITY OF SPRINGFIELD, a municipal )
corporation, COLTON REDDING, )
BRIAN RIEBLING, ADAM )
WESTLAKE, JUAN RESENDEZ, )
NICHOLAS RENFRO, and REGAN )
MOLOHON, )
)
Defendants )
CERTIFICATE OF SERVICE
I hereby certify that on December 7, 2020, I electronically filed the foregoing with the
Clerk of the Court using the CM/ECF system which will send notification of such filing to the
following:
James C. Pullos
Clifford Law Offices, P.C.
120 N. LaSalle, Ste. 3100
Chicago IL 60602
[email protected]
RESPECTFULLY SUBMITTED,
s/ Emily A. Fancher
Bar Number 6326875
Attorney for the City of Springfield, Illinois
Assistant Corporation Counsel
Room 313 Municipal Center East
800 East Monroe Street
Springfield, Illinois 62701-1689
Telephone: (217) 789-2393
Fax: (217) 789-2397
Email: [email protected]
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