United States District Court, N.D. Illinois, Eastern Division
Villars, Plaintiff, Pro se, Chicago, IL.
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.
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.
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,
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.
Dale J. Novarro, as Lake County Jail Deputies, Defendant:
Kevin John Berrill, LEAD ATTORNEY, Lake County State's
Attorney's Office, Waukegan, IL.
OPINION AND ORDER
M. Dow, Jr., United States District Judge.
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" ) .
For the reasons set forth below, the Court grants in part and
denies in part Plaintiff's motion . 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.
The Second Amended Complaint
current operative complaint is the Second Amended Complaint
(" SAC" ). 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.
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
" can adequately be secured by deposition, and if
further detention is not necessary to prevent a failure of
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 allegedly subjected Plaintiff to
unreasonable strip searches and general mistreatment.