Law Enforcement Litigation
Federal Court/Chicago – Howell v. City of Zion – Defense verdict in Section 1983 deadly force case arising from police shooting. Plaintiff asked jury for $4.5 million.
Federal Court/Chicago – Berryhill v. Village of Streamwood – Defense verdict in Section 1983 excessive force case arising from police shooting. Plaintiff asked jury for $1 million.
Federal Court/Chicago – Rivera v. Lake County, et al. – Favorable settlement on behalf of police department and detective in wrongful conviction case resulting in life sentence and 20-year imprisonment of plaintiff. Our client’s settlement contribution was less than 5% of the total settlement which exceeded $20 million.
Federal Court/Chicago – Sparing v. Village of Olympia Fields – Summary judgment based on qualified immunity defense for police officer on Section 1983 unlawful search and seizure claim, and probable cause defense for Village on malicious prosecution claim. On appeal, the Seventh Circuit affirmed.
Federal Court/Chicago – Acuna v. City of Chicago – Defense verdict in favor of City and police officer defendants in Section 1983 false arrest and excessive force case. Plaintiffs asked jury for $10 million.
Federal Court/Chicago – Lopez v. City of Chicago – Defense verdict for City and police detectives in Section 1983 unlawful detention and interrogation case resulting in a false murder confession. Plaintiff asked jury for “multiple millions”.
Federal Court/Chicago – Estate of Michael Russell v. City of Chicago – Summary judgment in favor of City and police officer defendants in Section 1983 deadly force case based on bystander shooting defense.
Tort Immunity Litigation
State Court/McHenry County – Clark v. Village of Fox River Grove – Summary judgment for Village based on tort immunity and limited municipal duty rules in consolidated wrongful death lawsuit arising from school bus accident killing seven of the student passengers and injuring 20 others. Case settled against other defendants for over $30 million.
State Court/Cook County – Golden v. Village of Homewood – Summary Judgment in favor of Village in a drowning case based on no special duty defense.
State Court/Cook County – Hernandez v. Berwyn South School District – Summary Judgement in favor of School District in wrongful death case arising from stabbing death of student by a fellow student at dismissal time. Successfully asserted tort immunity defenses based on supervision immunity, discretionary immunity and no proximate cause.
State Court/Cook County – White v. City of Des Plaines – Summary Judgment in favor of City in wrongful death case brought on behalf of pedestrian struck and killed on City owned and maintained roadway. Summary judgment based on tort immunity for failure to provide crosswalks or traffic control devices.
State Court/Cook County – Zepeda v. Calumet School District – Dismissal in favor of School District in tragic accident involving a Metra train and minor student who suffered leg amputation as a result of the accident. Successfully asserted discretionary immunity defense on behalf of School District and Director of Transportation.
State Court/Cook County – Mulvey v. Sandburg High School – Summary judgment in favor School District and administrators in bullying case based on discretionary tort immunity defense.
State Court/Cook County – Doe v. Cicero School District – Summary judgment in favor of School District in sexual abuse/molestation case involving teacher and student based on no willful and wanton misconduct and supervision immunity.
Employment Litigation
Federal Court/Chicago – Devine v. Outback Steakhouse – Defense verdict in favor of employer in Title VII sexual harassment employment litigation. Plaintiff asked jury for over $1 million.
Federal Court/Chicago – Hall v. Thornton Fractional School District – Summary Judgment in favor of employer in Title VII race discrimination case brought by job applicant.
Federal Court/Chicago – Nash v. Dolton School District – Summary Judgment in favor of employer in Title VII race discrimination case brought by independent contractor. Seventh Circuit affirmed on appeal.
Federal Court/Chicago – Victor v. Ela Library District – Summary judgment in favor of employer in employment discrimination case alleging violations of Title VII and ADEA.
Federal Court/Southern District – Dineff v. Granite City School District – Dismissal of ADEA claim of discrimination and retaliation brought by teacher.
EEOC/Chicago – Heller v. Eisenhower Public Library – Dismissal of ADA and ADEA employment discrimination charge brought by former Director of Security.
EEOC/Chicago – Armstrong v. Matteson School District – Dismissal of Title VII race discrimination charge brought by custodian.
Illinois Human Rights Commission/Chicago – Buckner v. DCFS – Decision in favor of employer after public hearing on case worker’s sexual harassment hostile work environment claim.
Illinois Department of Human Rights/Chicago – El v. Bloomingdale Park District – Dismissal of charge of discrimination alleging denial of public accommodation based on ethnicity, religion and race.
Illinois Human Rights Commission/Chicago – Chapman v. Dolton School District – Summary decision in favor of employer on male principal’s due process and gender discrimination claims.
Title IX and 1983 Litigation
Federal Court/Chicago – Sandra TE v. Berwyn South School District – Defense verdict in favor of School District in Title IX lawsuit brought by nine female junior high students alleging sexual abuse by their band teacher. Plaintiffs asked jury for $27 million.
Federal Court/Urbana – Doe v. Kelly, et al. – Defense verdict in favor of School District in Title IX lawsuit brought on behalf of a middle-school boy who alleged sexual abuse by a teacher on and off-campus. Before trial, plaintiff demanded $540,000 plus attorney’s fees.
Federal Court/Chicago – RJ v. Butler School District – Defense verdict in favor of School District and administrators on Section 1983 First Amendment retaliation claim and state law intentional infliction of emotional distress claims. Plaintiffs asked jury for $13 million in damages.
Federal Court/Chicago – Student A v. Butler School District – Summary Judgment in favor of School District and administrators in Section 1983 Fourth Amendment alleging unlawful interrogation and willful and wanton conduct. Plaintiff’s lawsuit sought in excess of $10 million dollars in damages.
Sexual Tort Litigation
State Court/Chicago – Elementary school student alleged sexual abuse by his teacher on and off campus for over a year. Plaintiff alleged severe emotional damages, including suicide attempts, self-cutting and multiple psychiatric hospitalizations. Plaintiff demanded $7 million in settlement. Defense argued school lacked notice of the abuse or risk of harm to plaintiff. Defense also showed plaintiff’s psychological condition resulted from other causes. We reached a low money settlement (confidential) in our client’s favor.
State Court/Chicago – A disabled female student was sexually assaulted on a school bus. Plaintiff alleged the school knew that the boy who assaulted plaintiff had dangerous sexual assault propensities. We discredited plaintiff’s version of events through the testimony of other students riding the bus. Plaintiff demanded $3 million to settle the case. Case settled for nuisance value.
Federal Court/Chicago – Elementary school student alleged sexual abuse by a teacher’s aide. Plaintiff brought claims under Title VI, Title IX and various state law torts. Teacher’s aide was arrested and convicted of sexual crimes. Plaintiff demanded $4.8 million in settlement. We defended based on lack of notice of the danger and no evidence of willful and wanton conduct. Case ultimately settled for less than $100,000.
Federal Court/Chicago – Plaintiff alleged that he was abuse by his middle school wrestling coach years before claiming “repressed memories” until his memory of the abuse was triggered almost 20 years later when he saw the coach again at a school reunion. Defense proved in discovery that school was not on notice at or near the time of the alleged events, and defended plaintiff’s alleged “repressed memory” through the use of experts to show that the theory was not plausible. Plaintiff demanded $5 million in settlement. After mediation, the case settled for a low-six figure amount inclusive of attorney’s fees.
State Court/Chicago – A special education student was raped in a stairwell by another student during the school day when the students should have been in class. Plaintiff demanded $12 million in settlement. We defended based on lack of actual or constructive notice and no evidence of willful and wanton conduct to establish liability. After mediation, the case settled in the mid-six figures.
Chicago, IL233 S. Wacker Drive61st FloorChicago, IL 60606
T: 312.627.4010
F: 312.627.1717
dproctor@tresslerllp.com
LinkedIn
V Card
Practice Areas
Education B.A., Loyola University Chicago , cum laudeJ.D., Loyola University Chicago School of Law , Dean’s Honor List
Bar Admissions
Court Admissions