Rivera v. Guevara

Opinion

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

JACQUES RIVERA, ) ) No. 12 CV 004428 Plaintiff, ) ) v. ) The Honorable Joan B. Gottschall ) REYNALDO GUEVARA, et al., ) ) Defendants. )

DEFENDANT GUEVARA AND MINGEY’S RULE 50 MOTION FOR JUDGMENT AS A MATTER OF LAW

Defendants Reynaldo Guevara and Ed Mingey (“Movants”), by their attorneys, move this Honorable Court for the entry of an order pursuant to Federal Rule of Civil Procedure 50 for judgment as a matter of law and state: Plaintiff has rested his case at trial after having an opportunity to fully be heard on all of his remaining claims. The only evidence presented against Movants at trial was based on the negative inference associated with the Movants’ invocation their Fifth Amendment rights. The Supreme Court and the Seventh Circuit have been clear that evidence of a Fifth Amendment invocation is not permissible as the sole affirmative evidence upon any issue. See Baxter v. Palmigiano, 425 U.S. 308, 313. Therefore, Plaintiff has presented insufficient evidence upon which a jury could find in Plaintiff’s favor for the remaining claims against the Movants. Accordingly, the lack of any evidence to support Plaintiff’s remaining claims against them confirms that the Movants are entitled to judgment as a matter of law. Further, Movants hereby restate and adopt the legal basis and arguments asserted on Summary Judgment and join and adopt the Rule 50 Motion and arguments of Co-Defendants McLaughlin and Gawrys as further basis for judgment as a matter of law in favor of Movants. WHEREFORE, Defendants Guevara and Mingey request that the Court enter judgment as a matter of law in their favor and against the Plaintiff as to the Counts remaining.

Dated: June 28, 2018 Respectfully submitted,

/s/Thomas More Leinenweber Thomas More Lieinenweber Counsel for Defendants Guevara and Mingey Thomas More Leinenweber James V. Daffada Kevin E. Zibolski Leinenweber Baroni & Daffada, LLC 120 N. LaSalle Street, Suite 2000 Chicago, IL 60602 (866)786-3705 CERTIFICATE OF SERVICE

I hereby certify under penalty of perjury pursuant to 28 U.S.C.A. § 1746 that on June 28, 2018, I electronically filed the foregoing Defendants Guevara and Mingey’s Rule 50 Motion for Judgment with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following CM/ECF participants below.

Attorneys for Plaintiff Attorneys for City of Chicago Arthur R. Loevy Eileen E. Rosen Jonathan I. Loevy Stacy A. Benjamin Elizabeth N. Mazur Catherine M. Barber Russel Ainsworth Theresa B. Carney Michael I. Kanovitz Rock Fusco & Connelly, LLC Steven E. Art 321 N. Clark Street, Suite 2200 Anad Swaminathan Chicago, IL 60654 Rachel Brady (312)494-1000 311 N. Aberdeen (312)494-1001(fax) Chicago, IL 60607 erosen@rfclaw.com (312)243-5900 sbenjamin@rfclaw.com (312) 243-5902 (Fax) cbarber@rfclaw.com loevylaw@loevy.com tcarney@rfclaw.com jon@loevy.com Elizabethm@loevy.com russell@loevy.com Attorneys for Reynaldo Guevara mike@loevy.com Thomas M. Leinenweber steve@loevy.com James V. Daffada annad@loevy.com Kevin E. Zibolski Brady@loevy.com Leinenweber Baroni & Daffada, LLC 120 N. La Salle Street, Suite 2000 J. Samuel Tenenbaum (312)663-3003 Bluhm Legal Clinic thomas@ilesq.com 375 East Chicago Avenue jim@ilesq.com Chicago, IL 60611 kevin@ilesq.com (312)503-4808 s-tenenbaul@law.northwestern.edu

Locke E. Bowman, III Alexa Van Brunt Roderick MacArthur Justice Center Northwestern University School of Law 375 East Chicago Avenue Chicago, IL 60611 (312)503-0844 (312)503-1272 (fax) /s/ Thomas More Leinenweber l-bowman@law.northwestern.edu Thomas More Leinenweber a-vanbrunt@law.northwestern.edu Counsel for Defendants Guevara and Mingey