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Villars v. Kubiatowski

United States District Court, N.D. Illinois, Eastern Division

September 2, 2015

JULIO VILLARS, Plaintiff,
v.
STEPHEN KUBIATOWSKI, et al., Defendants

          Julio Villars, Plaintiff, Pro se, Chicago, IL.

         For Stephen Kubiatowski, as Assistant United States Attorney Office for the Northern District of Illinois, Defendant: Eric S Pruitt, LEAD ATTORNEY, United States Attorney's Office (NDIL), Chicago, IL.

         For Maury Straub, as Ozaukee County Sheriff, Jeffery Sauder, as Ozaukee County Jail Administrator, County of Ozaukee, Does Ozaukee County Jail Deputies, 1-8, Defendants: Michele M. Ford, LEAD ATTORNEY, Milwaukee, WI.

         For Kenneth Coppes, Patrick Murray, Round Lake Beach Police Officer, Michael Barr, as Round Lake Beach Ploice Officer, The Village of Round Lake Beach, Gary Bitler, as Round Lake Beach Police Chief, Defendants: Brian Patrick Gainer, LEAD ATTORNEY, Gabriel Racine Judd, Johnson & Bell, Ltd., Chicago, IL.

         For County of Lake, Does Lake County Jail Deputies Sheriff, 9-13, Mark Curram, as Sheriff of Lake County, Defendants: Beth Greenberg Prager, LEAD ATTORNEY, Lake County State's Attorney, Waukegan, IL; Kevin John Berrill, LEAD ATTORNEY, Lake County State's Attorney's Office, Waukegan, IL.

         For Dale J. Novarro, as Lake County Jail Deputies, Defendant: Kevin John Berrill, LEAD ATTORNEY, Lake County State's Attorney's Office, Waukegan, IL.

Page 1040

         MEMORANDUM OPINION AND ORDER

         Robert M. Dow, Jr., United States District Judge.

         Plaintiff has brought various statutory and constitutional claims arising from his detention under the Material Witness Statute, 18 U.S.C. § 3144. He now moves for leave to file a fourth amended complaint (" FAC" ) [132]. For the reasons set forth below, the Court grants in part and denies in part Plaintiff's motion [132]. Specifically, Plaintiff is given until 9/25/2015 to file an amended complaint naming the Ozaukee John Doe Deputies as Defendants in the case. In addition, Plaintiff may file a motion for leave to file another amended complaint limited to Count IV as discussed below, also no later than 9/25/2015. In all other respects, the motion is denied.

         I. Background

         A. The Second Amended Complaint

         The current operative complaint is the Second Amended Complaint (" SAC" ).[1] The Court discussed the SAC's allegations extensively in its previous Opinions and Orders [98, 108], knowledge of which is assumed. Accordingly, the Court here limits its discussion of the SAC to the allegations necessary to resolve Plaintiff's motion.

         The SAC alleges that Plaintiff was detained pursuant to a material witness warrant. The federal Material Witness Statute authorizes judges to " order the arrest of [a] person" whose testimony " is material in a criminal proceeding * * * if it is shown that it may become impracticable to secure the presence of the person by subpoena." 18 U.S.C. § 3144. A witness must be released if his or her testimony

Page 1041

" can adequately be secured by deposition, and if further detention is not necessary to prevent a failure of justice." Id.

         Plaintiff was arrested on Assistant U.S. Attorney Kubiatowski's motion in U.S. v. Diaz, 10-cr-0199, a case in which Plaintiff had posed as a buyer of methamphetamine at the direction of the FBI. In the affidavit attached to his motion, Kubiatowski represented to Judge Castillo that Plaintiff's testimony was critical to the government's prosecution of defendant Jose Diaz and that Plaintiff was facing imminent deportation proceedings. Kubiatowski advised Judge Castillo that the government would be unable to secure Plaintiff's presence at a potential trial with a subpoena and therefore needed a material witness warrant transferring Plaintiff to the custody of the U.S. Marshals Service. See Kubiatowski Affidavit in U.S. v. Diaz, 10-cr-0199, [54-1]. Plaintiff alleges that Kubiatowski failed to provide the Court with the biweekly reports required under Federal Rule of Criminal Procedure 46(h)(2). As a result, he allegedly was detained in various locations, including Ozaukee County Jail, for longer that he otherwise would have been detained. The Ozaukee Defendants[2] allegedly subjected Plaintiff to unreasonable strip searches and general mistreatment.

         1. ...


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