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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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