Case: 1:10-cv-05076 Document #: 71 Filed: 06/18/12 Page 1 of 11 PageID #:201

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
JENNIFER McLIN, As Independent Administrator
of the Estate of WILLIAM HOPE, JR.,
Plaintiff,
v.
CITY OF CHICAGO, a municipal corporation,
OFFICER MICHAEL ST CLAIR (#15527), and
OFFICER ARMANDO UGARTE (#15050),
Defendants,

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Judge Kennelly
10 cv 5076
(10 L 8268 – removed)
JURY DEMAND

THIRD AMENDED COMPLAINT
Jennifer McLin, as Independent Administrator of the Estate of William Hope, Jr., by her
attorneys, Parts & Spencer, Ltd., for her Third Amended Complaint at Law against the City of
Chicago and Officers Michael St Clair (#15527) and Armando Ugarte (#15050), states as
follows:
1.

Jennifer McLin has been appointed as Independent Administrator of the Estate of

William Hope, Jr., deceased. Jennifer McLin was also previously appointed as Special
Administrator of the Estate of William Hope, Jr., deceased.
2.

Jennifer McLin is a resident of Cook County, Illinois, and is the mother of

William Hope III.
3.

Plaintiff, Jennifer McLin, brings this action on behalf of the Estate of William

Hope, Jr., and on behalf of his next-of-kin.
4.

William Hope, Jr., left surviving him as next-of-kin at his death a minor son,

William Hope III.

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5.

Defendant City of Chicago is a municipal corporation in Cook County, Illinois.

Defendant Officers Michael St Clair (#15527) and Armando Ugarte (#15050) are employees of
Defendant City of Chicago, and were at all relevant times acting under color of law.
6.

On the early afternoon of July 8, 2010, William Hope, Jr., was sitting in the

driver’s seat of a car in the vicinity of 111 West 75th Street in Chicago, IL.
7.

At said place and time, William Hope, Jr., was confronted by Officers Michael St

Clair (#15527) and Armando Ugarte (#15050) of the Chicago Police Department.
8.

Without just cause, Defendant Officers blocked the vehicle in which William

Hope, Jr., was sitting with their police vehicle, and, when Mr. Hope then attempted to move his
vehicle Defendant Officers physically and verbally impeded his ability to leave the scene.
9.

The Officers used inappropriate, unwarranted and unjustifiable force against

William Hope, Jr. Officer Michael St Clair (#15527) shot William Hope, Jr., multiple times with
a firearm without lawful cause or justification while Officer Armando Ugarte (#15050) made no
effort to prevent said use of force.
10.

William Hope, Jr., died as a result of the gunshot wounds inflicted in the shooting.

He further experienced pain and suffering in his dying moments as a result of the injuries caused
by the shooting.
COUNT I – ILLINOIS STATE LAW WRONGFUL DEATH
11.

Plaintiff incorporates paragraphs 1 - 10 by reference as if fully set forth herein.

12.

Officer Michael St Clair (#15527) directed his firearm at William Hope, Jr., and

discharged it multiple times without just cause. Said actions were committed willfully and
wantonly.

 Case: 1:10-cv-05076 Document #: 71 Filed: 06/18/12 Page 3 of 11 PageID #:203

13.

Under the Illinois Wrongful Death Act, (740 ILCS 180/1, et seq.), Plaintiff brings

this act for the next-of-kin of William Hope, Jr., to recover for the losses suffered as a result of
the death of William Hope, Jr.
14.

The actions of Officer Michael St Clair (#15527), acting within the scope of his

employment by the City of Chicago, were the direct and proximate cause of the death of William
Hope, Jr.
15.

As a direct and proximate result of the aforementioned acts of Officer Michael St

Clair (#15527), the next-of-kin of William Hope, Jr., suffered great losses of a personal and
pecuniary nature, including but not limited to the loss of companionship, society and support of
the decedent as well as grief, sorrow and mental suffering, subjecting the Defendants to liability
pursuant to 740 ILCS 180/1, commonly referred to as the Wrongful Death Act.
WHEREFORE, Plaintiff respectfully requests that judgment be entered against the City of
Chicago and Officer Michael St Clair (#15527), in an amount necessary to fully and fairly
compensate the next-of-kin for their losses under the terms of the Wrongful Death Act, which
substantially exceed the minimum jurisdictional amount of this Court.
COUNT II – ILLINOIS STATE LAW SURVIVAL
16.

Plaintiff incorporates paragraphs 1 – 15 by reference as if fully set forth herein.

17.

As a direct and proximate result of the aforementioned acts of Officer Michael St

Clair (#15527), acting within the scope of his employment by the City of Chicago, Plaintiff’s
decedent, William Hope, Jr., did suffer serious injuries of a personal and pecuniary nature, including
but not limited to, pain and suffering experienced as he was dying from the gunshot wounds inflicted
by Officer Michael St Clair (#15527), subjecting the Defendants to liability pursuant to 755 ILCS
5/27-6, commonly referred to as the Survival Statute.

 Case: 1:10-cv-05076 Document #: 71 Filed: 06/18/12 Page 4 of 11 PageID #:204

WHEREFORE, Plaintiff respectfully requests that the judgment be entered against the City
of Chicago and Officer Michael St Clair (#15527) in an amount necessary to fully and fairly
compensate the Estate for all losses compensable under the terms of the Survival Statute, which
substantially exceed the minimum jurisdictional amount of this Court.
COUNT III – ILLINOIS FAMILY EXPENSE ACT
18.

Plaintiff incorporates paragraphs 1 - 15 by reference as if fully set forth herein.

19.

As a direct and proximate result of one or more of the aforementioned acts of Officer

Michael St Clair (#15527), acting within the scope of his employment with the City of Chicago, the
Plaintiff’s decedent and his Estate did sustain losses in the form of funeral, and burial expenses.
WHEREFORE, Plaintiff respectfully requests that the judgment be entered against the City
of Chicago and Officer Michael St Clair (#15527) in an amount necessary to fully and fairly
compensate the Estate for all losses compensable under the terms of the family expense statute.
COUNT IV – ILLINOIS STATE LAW FALSE ARREST
20.

Plaintiff incorporates paragraphs 1 – 10 by reference as if fully set forth herein.

21.

The actions of Defendant Officers Michael St Clair (#15527) and Armando Ugarte

(#15050), acting within the scope of their employment by the City of Chicago in restraining the
liberty of William Hope, Jr., without probable cause to believe that he had committed a crime,
constituted a false arrest of Plaintiff’s decedent, William Hope, Jr., under Illinois law, for which
Defendants are liable to the Estate pursuant to 755 ILCS 5/27-6, commonly referred to as the
Survival Statute.
WHEREFORE, Plaintiff respectfully requests that the judgment be entered against the City
of Chicago and Officers Michael St Clair (#15527) and Armando Ugarte (#15050) in an amount

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necessary to fully and fairly compensate the Estate for all losses occasioned as a result of the
unlawful seizure, under the terms of the Survival Statute and the Wrongful Death Act.
COUNT V – 42 U.S.C. § 1983
(Excessive Force against Officer Michael St Clair (#15527))
22.

Plaintiff incorporates paragraphs 1-10 above by reference as if fully set forth

23.

The conduct of Officer Michael St Clair (#15527) in shooting William Hope, Jr.,

herein.

multiple times constituted excessive force in violation of the Fourth and Fourteenth Amendments
to the United States Constitution.
WHEREFORE, Plaintiff requests that judgment be entered against Defendant Officer
Michael St Clair (#15527), awarding damages for loss of life, conscious pain and suffering,
additional available compensatory damages, punitive damages, reasonable attorney fees and costs,
and such further relief as this court deems just.
COUNT VI – 42 U.S.C. § 1983
(Failure to Intervene against Armando Ugarte (#15050))
24.

Plaintiff incorporates paragraphs 1-10 above by reference as if fully set forth

25.

Officer Armando Ugarte (#15050) participated with Officer Michael St Clair

herein.

(#15527) in confronting William Hope, Jr. Officer Armando Ugarte (#15050) was in close
proximity to Officer Michael St Clair (#15527) when his firearm was drawn and aimed at
William Hope, Jr. Officer Armando Ugarte (#15050) was aware of the imminent use of
unjustified deadly force and had a realistic opportunity to intervene to prevent such conduct;
however, he deliberately or recklessly failed to act for the protection of William Hope, Jr.

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WHEREFORE, Plaintiff requests that judgment be entered against Defendant Officer
Armando Ugarte (#15050), awarding damages for loss of life, conscious pain and suffering,
additional available compensatory damages, punitive damages, reasonable attorney fees and costs,
and such further relief as this court deems just.
COUNT VII – 42 U.S.C. § 1983
(Unlawful Seizure against Officers Michael St Clair (#15527)
and Armando Ugarte (#15050))
26.

Plaintiff incorporates paragraphs 1-10 above by reference as if fully set forth

27.

The conduct of Officer Michael St Clair (#15527) and Armando Ugarte (#15050)

herein.

in restraining the freedom of movement of William Hope, Jr., without just cause constituted an
unlawful seizure in violation of the Fourth and Fourteenth Amendments to the United States
Constitution.
WHEREFORE, Plaintiff requests that judgment be entered against Defendant Officer
Michael St Clair (#15527) and Defendant Officer Armando Ugarte (#15050), awarding damages
for loss of liberty, loss of life, conscious pain and suffering, additional available compensatory
damages, punitive damages, reasonable attorney fees and costs, and such further relief as this
court deems just.
COUNT VIII – 42 U.S.C. § 1983
(Monell Claim against City of Chicago)
28.

Plaintiff realleges and incorporates herein by reference the foregoing paragraphs

1-27 as if set forth in full herein.

 Case: 1:10-cv-05076 Document #: 71 Filed: 06/18/12 Page 7 of 11 PageID #:207

29.

The actions of Officers Michael St Clair (#15527) and Officer Armando Ugarte

(#15050) as set forth above constitute an unlawful seizure under the Fourth and Fourteenth
Amendments and were done pursuant to one or more policies, practices and/or customs of
Defendant City of Chicago. The actions of Officer Michael St Clair (#15527) as alleged above
constitute excessive force in violation of the Fourth and Fourteenth Amendments and were done
pursuant to one or more policies, practices and/or customs of Defendant City of Chicago. The
actions of Officer Armando Ugarte (#15050) as alleged above constitute a failure to intervene in
violation of the Constitutional rights of William Hope, Jr., and were done pursuant to one or
more policies, practices and/or customs of Defendant CITY OF CHICAGO.
30.

As a matter of both policy and practice, the Chicago Police Department directly

encourages, and is thereby the moving force behind, the very type of misconduct at issue here by
failing to adequately train, supervise and control its officers, such that its failure to do so
manifests deliberate indifference.
31.

As a matter of both policy and practice, the Chicago Police Department facilitates

the very type of misconduct at issue here by failing to adequately investigate, punish and
discipline prior instances of similar misconduct, thereby leading Chicago Police Officers to
believe their actions will never be scrutinized and, in that way, directly encouraging future
abuses such as those affecting Plaintiff.
32.

Generally, as a matter of widespread practice so prevalent as to comprise

municipal policy, officers of the Chicago Police Department conduct unlawful seizures and use
excessive force on citizens, yet the Chicago Police Department makes findings of wrongdoing in
a disproportionately small number of cases.

 Case: 1:10-cv-05076 Document #: 71 Filed: 06/18/12 Page 8 of 11 PageID #:208

33.

Defendant CITY OF CHICAGO does not properly investigate police seizures of

civilians and uses of excessive force or properly discipline officers for those acts.
34.

When citizens complain to the Chicago Police Department that they have been

subjected to violations of their rights by Chicago Police Officers, the Department’s policy and
practice is to affirmatively discourage those persons from pursuing criminal charges against the
offending police officers; the Department’s training in that regard is equally deficient. This
policy and practice and lack of adequate training encourages Chicago Police Officers, such as the
Defendants in this case, to violate the rights of citizens without fear of legal consequences.
35.

Municipal policymakers are aware of, and condone and facilitate by their

inaction, a “code of silence” in the Chicago Police Department, by which officers fail to report
misconduct committed by other officers, such as the misconduct at issue in this case.
36.

The aforementioned policies, practices, and customs of failing to supervise,

control and discipline officers, as well as the code of silence which is permitted to exist, are the
proximate causes of Constitutional and other legal violations, and plaintiff’s injuries.
37.

Defendant CITY OF CHICAGO and its relevant policymakers have failed to act

to remedy the patterns of abuse describe in the preceding paragraphs, despite actual knowledge of
the same, thereby tacitly approving and ratifying the type of misconduct alleged here.
38.

The policy, practice, and custom of the police code of silence results in police

officers refusing to report instances of police misconduct of which they are aware, despite their
obligation under police department regulations to do so. This conduct includes police officers
who remain silent or give false or misleading information during official investigations in order
to protect themselves or fellow officers from internal discipline or retaliation, civil liability, or
criminal prosecution.

 Case: 1:10-cv-05076 Document #: 71 Filed: 06/18/12 Page 9 of 11 PageID #:209

39.

The aforementioned policies, practices and customs individually and together

have been maintained and implemented with deliberate indifference by the CITY OF
CHICAGO and have encouraged the individual defendants to commit the aforesaid wrongful
acts against Plaintiff, and therefore acted as a direct and proximate cause of constitutional
and other legal violations, and plaintiff’s injuries.
WHEREFORE, Plaintiff requests that judgment be entered against the Defendant
City of Chicago with an award of damages for loss of life, conscious pain and suffering, and
additional available compensatory damages, reasonable attorney fees and costs, and such
further relief as this Court deems just.
COUNT IX
(Respondeat Superior)
40.

Plaintiff realleges and incorporate herein by reference the foregoing

paragraphs 1 - 21, as if set forth in full herein.
41.

In committing the acts alleged in the preceding Counts I – IV alleging claims

under Illinois state law, Defendant Officers Michael St Clair (#15527) and Armando Ugarte
(#15050) were members of, and agents of, the Chicago Police Department acting at all
relevant times within the scope of their employment.
42.

Defendant City of Chicago is liable as principal for all Illinois state law torts

committed by its agents.
WHEREFORE, Plaintiff request that judgment be entered against Defendant City of
Chicago as to Counts I - IV, with Plaintiffs to be awarded compensatory damages, reasonable
attorney fees and costs, and such further relief as the Court deems just.

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COUNT X
(State Law Indemnification)
43.

Plaintiff realleges and incorporate herein by reference the foregoing

paragraphs 1 - 42, as if set forth in full herein.
44.

Illinois law, 735 ILCS 10/9-102, provides that public entities are directed to

pay any tort judgment for compensatory damages for which employees are liable within the
scope of their employment activities. Defendant Officers Michael St Clair (#15527) and
Armando Ugarte (#15050) were employees of Defendant City of Chicago who acted within
the scope of their employment in committing the misconduct described herein.
45.

Moreover, Plaintiff, the Estate of William Hope, Jr., and the next-of-kin of

William Hope, Jr., are third-party beneficiaries of a contract between Defendant City of
Chicago and the union(s) representing Defendant Officers Michael St Clair (#15527) and
Armando Ugarte (#15050), in which contract Defendant City of Chicago has obligated itself
to pay for all judgments for compensatory damages, attorneys’ fees and costs against
Defendant Officers Michael St Clair (#15527) and Armando Ugarte (#15050).
WHEREFORE, Plaintiff request that judgment be entered against Defendant City of
Chicago for the amounts of any compensatory damages, attorneys and fees and costs awarded
against Defendant Officers Michael St Clair (#15527) and Armando Ugarte (#15050).
Attorneys for Plaintiff
/s Mark Parts

Mark Parts
PARTS & SPENCER, LTD.
130 North Garland Court, #2005
Chicago, Illinois 60602
(312) 920-0990
Atty.No.: 42778