Town Denies Allegations In Federal Lawsuit by Process Server, Files Motion to Dismiss Charges Against Officers

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By Ankur Singh

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In a response filed in federal court, the Town of Cicero has denied allegations in a lawsuit brought forth earlier this summer by William Rivera, a process server who was arrested last year while attempting to serve a subpoena to Town President Larry Dominick. The Town of Cicero has also filed a motion to dismiss charges against nine of the 11 officers named in the lawsuit.

On June 7, 2018 Rivera was arrested by Cicero police as he drove around town to deliver a subpoena to Dominick. The subpoena ordered Dominick to be deposed in a separate lawsuit against Illinois House Speaker Michael Madigan. A federal judge recently ruled that Madigan was not guilty of running sham candidates during the 2016 election.

Rivera’s complaint alleges four violations of federal law and that Cicero police unlawfully searched him, used excessive force, falsely imprisoned him, and that observing officers failed to intervene. He claims that police detained him in a freezing cold jail cell, prevented him from calling a lawyer, and coerced a confession out of him. 

The Town of Cicero denies that they violated any of Rivera’s constitutional rights. 

One of the main points of contention is whether or not Rivera stole a package. Rivera claims he picked up a box to confirm if he was at Dominick’s residence while delivering the subpoena and later returned it to the ground. The Town of Cicero argues that Rivera “wrongfully and unlawfully took possession of the subject box.” But security camera footage recently obtained by WGN News does not show Rivera stealing any packages.

Of the 11 Cicero police officers Rivera named in the lawsuit, the Town of Cicero filed a motion to dismiss charges against nine of them. The town argues that there is not enough evidence in Rivera’s original complaint to hold these nine officers responsible for what is alleged. 

The court will rule on whether or not the charges should be dismissed on October 24.