Rivera v. Guevara

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 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 N. Aberdeen (312)494-1001(fax) Chicago, IL 60607 [email protected] (312)243-5900 [email protected] (312) 243-5902 (Fax) [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Attorneys for Reynaldo Guevara [email protected] Thomas M. Leinenweber [email protected] James V. Daffada [email protected] Kevin E. Zibolski [email protected] Leinenweber Baroni & Daffada, LLC N. La Salle Street, Suite 2000 J. Samuel Tenenbaum (312)663-3003 Bluhm Legal Clinic [email protected] East Chicago Avenue [email protected] Chicago, IL 60611 [email protected] (312)503-4808 [email protected]

Locke E. Bowman, III Alexa Van Brunt Roderick MacArthur Justice Center Northwestern University School of Law East Chicago Avenue Chicago, IL 60611 (312)503-0844 (312)503-1272 (fax) /s/ Thomas More Leinenweber [email protected] Thomas More Leinenweber [email protected] Counsel for Defendants Guevara and Mingey