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HIGGINS v. VILLAGE OF LYONS

No. 22 C 4563.

661 F.Supp.3d 816 (2023)

Edward HIGGINS & Alexander Garesche, Plaintiffs, v. VILLAGE OF LYONS, Thomas Herion, Officer J. Barajas, Officer P. Frencl, Lyons John Doe Officers, Paramedic Josh, & Lyons Fire Dept. John Does, Defendants.

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

Signed March 10, 2023.

Attorney(s) appearing for the Case

Richard J. Dvorak, Dvorak Law Offices, LLC, Clarendon Hills, IL, Adrian J. Bleifuss Prados, Dvorak Law Offices, LLC, Chicago, IL, Elizaveta Vasilyeva, Dvorak Law Offices, LLC, Claredon Hills, IL, for Plaintiffs.

Mark H. Sterk, Amy Elaina Zale, Michael Joseph Hayes, Jr., Odelson, Sterk, Murphey, Frazier & McGrath, Ltd., Evergreen Park, IL, for Defendants Village of Lyons, Thomas Herion, Officer J. Barajas.

Christopher Cooper, Law Office of Christopher Cooper, Inc., Chicago, IL, for Defendant Officer P. Frencl.

MEMORANDUM OPINION AND ORDER

The motion to dismiss for failure to state a claim filed by Defendants Officer J. Barajas, Thomas Herion, and the Village of Lyons is denied for the reasons stated below.

BACKGROUND

Plaintiffs allege that, on August...

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