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IN THE UNITED STATES DISTRICT COURT F'OR THE
NORTHERN DISTRICT OF' ILLINOIS, EASTERN DIVISION
FELIX TORRES,

SR.

Plaintiff
No. 1:19-cv-06546
v
Judge
THE UNITED STATES OF AMERICA;
NOLAN KRAFT, ERIC RICE, and SIXTO
LUCIANO, Individually and as Agents of the
UNITED STATES IMMIGRATION AND
CUSTOMS ENFORCEMENT

PLAINTIF'F'DEMANDS TRIAL BY JURY

Defendants

COMPLAINT AT LAW

()
NOW COMES the Plaintiff; FELIX TORRES, SR., by and through his attorneys, ROMANUCCI &.BLANDIN, LLC, and for Plaintiff s Complaint at I aw against Defendants, I-INITED

€Ve

4nE6ffi

STATES OF AMERICA; NOLAN KRAFT, ERIC RICE, and SIXTO LUCIANO, Individually
ANd AS AgEnts

of the LINITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT,

pleading hypothetically and in the alternative, states as follows:

JURY DEMAND

1.

The Plaintiff hereby demands atrialby jury.

NATURE OX'ACTION

2.

This cause of action arises from the battery, false arrest, and intentional infliction of emotional distress against FELIX TORRES, SR., by federal members of the I-INITED
STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (hereinafter ooI.C.E.") on

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March 27,2017, at or near 6159 West Grand Avenue, in the city of Chicago, County

of

Cook, State of Illinois.

3.

This cause of action arises from those injuries caused on March
ants

27

,2017 by the Defend-

NOLAN KRAFT, EzuC zuCE, and SIXTO LUCIANO, Agents of the UNITED

STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, cornmitted against the

Plaintiff, FELIX TORRES, SR., through their negligence under the Federal Tort Claims
Act (28 U.S,C. 5 2671)as set forth herein

4.

Plaintiff, FELIX TORRES, SR. has fully complied with the provisions of 28 U.S.C.
2675

5.

of theFederal Tort Claims Act. Exhibit

$

1, Standard Form 95.

This suit has been timely filed in that Plaintiff served notice of his claim on the United
States of America less than two years after the incident forming the basis of this suit.

l)

6.

Plaintiff is now filing this Complaint pursuant to 28 U.S.C. $ 2401(b) after not having received I.C.E.'s notice of denial of the administrative claim within six months.

7.

This cause of action is for money damages brought pursuant to the Federal Tort Claims

Act against Defendants the UNITED STATES OF AMERICA, and Defendants KRAFT
RICE, and LUCIANO,Individually and as Agents of I.C.E.

8.

This cause of action is for money damages brought pursuant to Illinois State Law for
claims of negligence against the individual Defendants KRAFT, zuCE and LUCIANO,

Individually and

as Agents

of the I.C.E.

JURISDICTION AND VENUE

g.

This is an action for damages to provide for compensation and redress for the deprivation
of rights and remedies as provided the Federal Tort Claims Act, the Statutes and Constitu-

tion of the State of Illinois, and remedies and relief provided under the common law.

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l0.TheCourthasjurisdictionoverthelawsuitpursuantto23U.S.C.$$1331 andl343because
the suit arises under the Federal Tort Claims Act. This Court has supplemental jurisdiction
over Plaintiffs' causes of action arising under the laws of the State of Illinois pursuant to
2S
11";

U.S.C. $1367.

The causes of action arose and unlawful activities occurred or were committed within the

Northern District of Illinois. Venue is proper in this district under 28 U.S.C. $1391(b)(l)
because

all Defendants reside in this.state within the Northern District. Venue is proper in

the Northern District under 28 U.S.C. $1391(b)(2) because a substantial part of the events

or omissions giving rise to this claim occurred in this district.

THE PARTIES
12.

At all times relevant, Plaintiff, FELIX TORRES, SR. was a legal permanent resident of
the United States and aresident of the City of Chicago, County of Cook, State of Illinois.

13.

At all times relevant hereto, Defendant UNITED STATES OF AMERICA, through its
agent, I.C.E., operates a field office for the Northern District of

Illinois located at 1

Tower Lane, #1600, Oak Brook Terrace, Illinois 60181.
14, Atall times relevant hereto, Defendants KRAFT, RICE and LUCIANO, Agents of I.C.E.,
reside in the Northern District of Illinois and are employed at the field office located at

1

Tower Lane, #l600,Oak Brook Terrace, Illinois 60181.
15. Defendant, THE LINITED STATES OF AMERICA, may be served by delivering a copy
of the summons and of the complaint to the United States Attorney for the Northern District

of Illinois and by sending a copy of the summons and of the complaint by certified mail to
the Attorney General of the United States and to Defendants

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16. Defendants KRAFT, RICE, and LUCIANO, Agents of I.C.E., employees of the LINITED

STATES OF AMEzuCA and sued in their individual and official capacities as agents of
the TINITED STATES OF AMERICA and sued in their individual and official capacities
as agents of LC.E., may be served by sending a copy of the sunmons and of the com-

plaint by certified mail to the civil-process clerk at the United States Attorney's office, to
the Attorney General of the United States, and to Defendants.

FACTUAL BACKGROUND
17. On'March27,2017, at or around 6:00 a.m., FELIX TORRES, SR., was sleeping at his
home located at 6159 West Grand Avenue, in the city of Chicago, County of Cook, State

of Illinois.
18. At that time, FELIX TORRES, SR. was a lawful owner of firearms and in possession of a

Firearm Owner Identification (hereinafter "FOID") card.
19. At or around 6:00 a.m. on March 27,2017, FELIX TORRES, SR., was awakened when
he heard an unusual commotion from outside his home, consisting of multiple voices

speaking words that he could not understand.
20. At that time, FELIX TORRES, SR., was wearing blue shorts and was not wearing a shirt

or shoes.

21. Atthat time, FELIX TORRES, SR., lawfully carried one of his firearms to his kitchen
fearing for his and his family's safety, to investigate the commotion near his home.
22.Before opening the back door to his home, FELIX TORRES, SR., looked out a nearby

window and saw, within or around his curtilage, approximately ten individuals, including
Defendants KRAFT, RICE, and LUCIANO, who were wearing black uniforms that displayed the letters "I.C.E." across their chests.

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23. Upon observing these agents, FELIX TORRES, SR., placed his firearm on a table out of
reach and out of sight of the back door, and unarmed, walked back to open the back door

to his home.

24.FELIX TORRES, SR. opened the back door of his home, without

a

firearm in his hands

or in sight of the officers as it was several feet away on the table.
25. Immediately after he opened the back door, Defendants KRAFT, RICE, and LUCIANO
opened fire, eventually shooting

FELIX TORRES, SR. in the left upper arm, the bullet

traveling through his left shoulder and becoming lodged beneath the skin of his back.

26, Atno time while the Defendant ICE officers shot at him did FELIX TORRES, SR. have

a

firearm in his hands or within reach.

27. After he was shot, FELIX TORRES, SR. fell backward into his home and fell down to
the ground.
28. After shooting FELIX TORRES, SR., Defendants KRAFT, RICE, and LUCIANO, along

with several other unidentified agents of I.C.E., stormed the home and proceeded to kick
FELIX TORRES, SR. in the torso, causing one rib to crack and his lungs to fill with
fluid.
29. After shooting FELIX TORRES, SR., Defendants KRAFT, RICE, and LUCIANO seized
property belonging to FELIX TORRES, SR.
30. After he was shot, FELIX TORRES, SR., was taken by ambulance to Stroger Hospital for
treatment of his injuries, including but not limited to, the gunshot wound to his arm, and

his internal injuries resulting from being repeatedly kicked by Defendants KRAFT,
RICE, and LUCIANO.

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31. After being transported to Stroger Hospital and after having received treatment, FELIX

TORRES, SR., was handcuffed to a hospital gurney.
32. After being transported to Stroger Hospital and after having received treatment, FELIX

TORRES, SR., was prevented from seeing his family, remained cuffed to the gurney by
his ankles, and was guarded by two Chicago Police Department Officers at the direction

of I.C.E.
33. Following the shooting, FELIX TORRES, SR. was never charged with any crime and
was ultimately released.

34. Following the shooting, the property of FELIX TORRES, SR. was not returned to him.
35. As a result of the shooting and collective actions of the Defendants, FELIX TORRES,
SR. experienced violations of his 4thand 5th Amendment Rights under the United States

Constitution.

.)

COUNT I - Federal Tort Claims Act - Neelieence
(Torres v. Defendants Kraft, Rice, and Luciano as agents of the United States of American
and the United States of America)
36. Plaintiffhereby incorporates by reference paragraphs all preceding paragraphs as though

fully stated and pled herein.
37,That at all times relevant hereto, Defendants UNITED STATES OF AMERICA, acting
by and through its duly authorized officers, agents, representatives and/or employees, including but not limited to Defendants, KRAFT, RICE, and LUCIANO owed a duty
care to

plaintiff to only

use reasonable force upon civilians, including

of

FELIX TORRES,

SR.

38. Defendants KRAFT, RICE, and LUCIANO at all relevant times, were acting within the
scope of their employment with I.C.E.

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39. Defendants KRAFT, RICE, and LUCIANO, individually and as officers, agents and/or
employees of Defendants UNITED STATES OF AMERICA and I.C.E., breached the
aforementioned duty by committing one or more of the following negligent actions:

a.

Pointed his weapon at FELIX TORRES, SR., under circumstances where he posed
no immediate threat or danger either to KRAFT, RICE, LUCIANO, or the public;

b.

Placed his finger on the trigger of his service weapon while pointing his weapon at
FELIX TORRES, SR., under circumstances where he posed no immediate threat or
danger to either KRAFT, RICE, LUCIANO, or the public;

c. Used deadly force against FELIX TORRES,

SR., under circumstances where he
posed no immediate tIT eat or danger either to KRAFT, RICE, LUCIANO, or the
public;

d.

Shot FELIX TORRES, SR., in left arm, under circumstances where he was posing
no immediate threat or danger to KRAFT, RICE, LUCIANO, or the public;

e.

Used deadly force against FELIX TORRES, SR., shooting him in left arm under
circumstances where KRAFT, RICE, and LUCIANO knew that the decedent did
not possess a firearm;

f.

Used deadly force against FELIX TORRES, SR., shooting him in left arm under
circumstances where KRAFT, RICE, and LUCIANO knew that the FELIX
TORRES, SR., did not possess a knife;

g.

Applied physical force in excess of the force permiued by law and the policies of
the I.C.E.;

h.

Used deadly force against FELIX TORRES, SR., shooting him inthe left arm under
circumstances where KRAFT, RICE, and LUCIANO knew TORRES, SR. was not

wanted for a violent felony or misdemeanor;
Used deadly force against FELIX TORRES, SR., shooting him in the left arm under circumstances where KRAFT, RICE, and LUCIANO knew that the TORRES,
SR., did not possess any weapon;

j.

Kicked FELIX TORRES, SR., repeatedly in the torso, under circumstances where
he was posing no immediate threat or danger to KRAFT, RICE, LUCIANO, or
the public;

k. Kicked FELIX TORRES, SR., repeatedly in the torso under circumstances where
KRAFT, RICE, and LUCIANO knew that TORRES, SR., did not possess
arm;

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Kicked FELIX TORRES, SR., repeatedly in the torso under circumstances where
KRAFT, RICE, and LUCIANO knew that TORRES, SR., did not possess a
weapon;

m. Kicked FELIX TORRES,

SR., repeatedly in the torso under circumstances where
KRAFT, RICE, and LUCIANO knew that TORRES, SR., had just been shot and

required medical attention;

n.

Denied FELIX TORRES, SR. immediate medical attention despite his open and
obvious injuries; and,

o.

Confiscated and held the property of FELIX TORRES, SR. without legal justification; and,

p.

Detained and held FELIX TORRES, SR., without legal justification.

39. As a direct and proximate result of one or more of the foregoing acts or omissions of Defendants LINITED STATES OF AMERICA and I.C.E, the FELIX TORRES, SR., sused substantial injuries.

WHEREFORE, Plaintifq FELIX TORRES, SR., respectfully requests that this Court enter

judgment against Defendants UNITED STATES OF AMEzuCA, and NOLAN KRAFT, ERIC
RICE, and SIXTO LUCIANO,Individually and

as

Agents of I.C.E., awarding compensatory dam-

ages, including but not limited to medical expenses, attorneys' fees; and punitive damages, and

for

any further relief this Court deems just

COUNT

(Torres v.

Defendantr

II-

Federal Tort Ctaims Act

-

Batterv
ed States of America,

and the United States of America)
40. Plaintiffhereby incorporates by ref,erence paragraphs all proceeding paragraphs as though

fully stated and pled herein.
41. The aforementioned conduct of Defendants KRAFT, RICE, and LUCIANO, as Agents
the United States of America and LC.E., resulted in a contact with FELIX TORRES,
SR.'s, person.

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42.The contact made by Defendants KRAFT RICE, and LUCIANO,
States of America and I.C.E.,

as Agents

of the United

with FELIX TORRES, SR. was intentional.

43. The contact made by Defendants KRAFT, RICE, and LUCIANO, as Agents of the

United States of America and I.C.E., with FELIX TORRES, SR. was unpermitted.
44.The contact made by Defendants KRAFT, RICE, and LUCIANO, as Agents of the
United States of America and LC.E., with FELIX TORRES, SR. was offensive.
45. The contact made by Defendants KRAFT, RICE, and LUCIANO, as Agents of the

United States of America and I.C.E., with FELIX TORRES, SR. was made without
TORRES, SR.'s consent.
46. As a result of Defendants KRAFT, RICE, and LUCIANO's intentional, unpermitted, and

offensive contact, FELIX TORRES, SR., ekperienced conscious pain and suffering.
47, Asa result of Defendants KRAFT, RICE, and LUCIANO's intentional, unpermitted, and

)

offensive contact, FELIX TORRES, SR., was forced to incur medical bills, undergo extensive medical treatment, suffered lost wages, and will be forced to incur future medical
costs and future pain and suffering.

WHEREFORE, Plaintiff, FELIX TORRES, SR., respectfully requests that this Court enter judgment against Defendants

UNITED STATES OF AMERICA, and NOLAN KRAFT,

ERIC RICE, and SIXTO LUCIANO as Agents of the United States of America and I.C.E.,
awarding compensatory damages, including but not limited to medical expenses and attomeys'
fees, and for any further relief this Court deems just.

COUNT III-F'6deral Tort Claims Act - False Arrest
(Torres v. Defendants Kraft, Rice, and Luciano as agents of the United States of America,
and the United States of America)

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48. Plaintiff hereby incotporates by reference paragraphs all proceeding paragraphs as though

fully stated

and pled herein.

49. The aforementioned conduct of Defendants KRAFT, RICE, and LUCIANO, as Agents

of

the United States of America and I.C.E., resulted in FELIX TORRES, SR.'s, being restrained.

50. The aforementioned conduct of Defendants KRAFT, RICE, and LUCIANO, as Agents

of

the United States of America and I.C.E., resulted in FELIX TORRES, SR.'s, being arrested.

51. The aforementioned conduct of Defendants KRAFT, RICE, and LUCIANO, as Agents

of

the United States of America and I.C.E., was intentional.
52. The aforementioned conduct of Defendants KRAFT, RICE, and LUCIANO, as Agents

l)

of

the United States of America and I.C.E., was unpermitted.
53. The aforementioned conduct of Defendants KRAFT, zuCE, and LUCIANO, as Agents

of

the United States of America and LC.E., was without FELIX TORRES, SR.'s consent.
54. The aforementioned conduct of Defendants KRAFT, RICE, and LUCIANO, as Agents

of

the United States of America and I.C.E., was taken without having reasonable ground to
believe that an offense was committed by FELIX TORRES, SR.
55. As a result of Defendants KRAFT, RICE, and LUCIANO's intentional restraint and arrest

FELIX TORRES, SR., suffered injuries, including being deprived of his right to

see

his family in the hospital after he was shot, being cuffed to the gurney by his ankles, being falsely arrbsted, physical pain and suffering, mental pain and suffering, emotional distress, disability, and loss of a normal

life

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56. As a result of Defendants KRAFT, RICE, and LUCIANO's intentional, unpermitted, and
offensive restraint and anest of, FELIX TORRES, SR., was forced to incur medical bills,
undergo extensive medical treatment, suffered lost wages, and will be forced to incur future medical costs and future pain and suffering.

WHEREFORE, Plaintiff, FELIX TORRES, SR., respectfully requests that this Court enter judgment against Defendants

IJNITED STATES OF AMERICA, NOLAN KRAFT, ERIC

RICE, and SIXTO LUCIANO, as Agents of the United States of America and I.C.E., awarding
compensatory damages, including but not limited to medical expenses, attorneys' fees, and

puni

tive damages, and for any further relief this Court deems just.

COUNT fV - Federel Tnrf Clrinrs Ad - f ntentionel Inflicfion of Emotional Disfress
(Torres v. Defendants Kraft, Rice, and Luciano as agents of the United States of America,
and the United States of America)
57. Plaintiff hereby incorporates by reference paragraphs all proceeding paragraphs as though

fully stated and pled herein.
58. As a direct and proximate result of one or more of the foregoing negligent acts and omissions of the Defendants, TINITED STATES OF AMERICA, Kraft, Rice and Luciano, as
Agents of the United States of America and I.C.E., FELIX TORRES, SR. was caused to
be in fear of his

life and safety as a result of multiple gunshots being fired at him in his

home while he was unarmed.
59. The actions of Defendants KRAFT, RICE, and LUCIANO, acting as agents, servants, or
employees of I.C.E., as set forth above, constitutes objectively extreme and outrageous
conduct, and were done deliberately, intentionally with malice, willfulness, and reckless

indifference to the rights and safety of FELIX TORRES, SR..

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60. Defendants KRAFT, RICE, and LUCIANO, as Agents of the United States of America
and I.C.E., through the aforementioned conduct, intended that the conduct should

inflict

severe emotional distress andlor knew there was a high probability that the conduct

would cause severe emotional distress to FELIX TORRES, SR.
61. The conduct of I.C.E. and the United States of America as Agents of the United States

of

America and I.C.E., did in fact cause FELIX TORRES, SR. to suffer severe emotional
distress, incuned damages for medical treatment and has suffered, and

will continue to

suffer, great losses of a personal and pecuniary nature in the past, as well as into the future.

WHEREFORE, Plaintifl FELIX TORRES, SR., respectfully requests that this Court enter judgment against Defendants UNITED STATES OF AMERICA, NOLAN KRAFT, ERIC RICE, and

SIXTO LUCIANO, Individually and

as Agents

of I.C.E., awarding compensatory damages, in-

cluding but not limited to medical expenses, attorneys' fees, and punitive damages, and for any
further relief this Court deems just.

COUNT V - X'ederal Tort Claims Act - Neelisent Infliction of Emotional Distress
(Torres v. Defendants Krafto Rice, and Luciano as agents of the United States of
America, and the United States of America)
62.Plaintiff hereby incorporates by reference paragraphs all proceeding paragraphs as though
fully stated and pled herein.
63. ICE officials have a duty to ensure that they have probable cause that an indi-

vidual is an alien befbre arresting that individual.

64.ICE officers have a duty to reasonably investigate whether an individual is a
U.S. citizen before arresting that individual as a removable alien.
65. As ICE offrcials, Defendants KRAFT, RICE, and LUCIANO, breached these
duties in the scope and course of their employment with the United States.

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66. In the alternative, Mr. Torres' injury, unlawful arrest, and detention constitutes
conduct that ordinarily does not occur in the absence of negligence, and the

instrumentality or agents that caused Mr. Torres' injury, unlawful arrest, and
detention were under the exclusive control of Dpfendants. Therefore, Defend-

ants' negligence may be presumed under the doctrine of res ipsa loquitur.
67.

As a proximate and reasonably foreseeable result of Defendants' negligence, Mr.
Torres suffered physical injuries, pain and suffering, and severe mental,
emotional and psychological anguish.

WHEREFORE, Plaintiff, FELIX TORRES, SR., respectfully requests that this Court enter judgment against Defendants UNITED STATES OF AMERICA, NOLAN KRAFT, ERIC RICE, and

SIXTO LUCIANO, as Agents of the United States of America and I.C.E., awarding all damages
which are the natural and proximate result of the tort, including but not limited to medical ex-

)

penses, attorneys' fees, and punitive damages, and for any further relief this Court deems just.

Respectfully Submitted,
ROMANUCCT & BLANDIN, LLC

/s/ Rhavani Ra
Bhavani Raveendran

Antonio M. Romanucci
Bruno M. Marasso
Bhavani Raveendran

ROMANUCd & BLANDIN,LLC
321 North Clark Street, Suite 900

Chicago, Illinois 60654
(312) 4s8-1000
(3 12) 4 5 8 - I 00 4 fa c s im il e
b. rave en dJ,An (d rb I ay, $ei

J

Ian M. Barney

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Barney & Hourihane, LLP
53 W. Jackson Blvd., Suite 1215
Chicago, IL 60604 '
Tel: (312) 854-0906
Fax: (312) 873-4388
ian@barneyhourihane. com
'l'homas C. I:lallock
Hallock Law, Inc.
53 W. Jackson Blvd.
Suite 1424
Chicago, I1,60604
P: (312) 487-2441
F: (312) 300-7947
tom(r),chi qa go b e s td e I'ens e. com

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