Five of seven claims dismissed in acquitted suspect’s lawsuit against Evanston

Patrick Svitek, Reporter

A federal judge has dismissed all but two claims in a lawsuit against the city that alleges Evanston police falsely arrested a man in 2010 who was later acquitted of murder.

In a ruling filed Wednesday, Judge Amy J. St. Eve said John A. Bamberg Jr. waited too long to file some of the claims and did not provide enough evidence to support others.

The lawsuit stemmed from the September 2010 shooting that killed Marcus T. Davis while he was sitting in his car with his girlfriend in Evanston. Bamberg alleged two officers “coached and coerced” Davis’ girlfriend to identify Bamberg as the shooter, though she had initially picked someone else out of a photo lineup.

Bamberg spent more than two years in jail on charges related to the shooting, according to court documents. A Cook County judge found him not guilty of killing Davis after a three-day bench trial in November 2012.

About a year later, Bamberg filed a seven-count lawsuit against the city including allegations of false arrest, conspiracy to deprive constitutional rights and intentional infliction of emotional distress. In her ruling, St. Eve said Bamberg exceeded the statute of limitations for those three claims, waiting at least a year too long to file each of them.

For two other claims, St. Eve ruled Bamberg did not offer enough details to prove that he was denied a fair trial and that the officers’ actions represent a widespread custom or practice within the department.

St. Eve did not dismiss Bamberg’s claims that he experienced malicious prosecution and should receive indemnification from the city for the officers’ actions.

St. Eve left open the possibility that Anthony Peraica, Bamberg’s attorney, could file an amended complaint with sufficient evidence for the two claims that she said lacked it. Peraica said Thursday he plans to do that.

City attorney Grant Farrar said Thursday the city continues to believe the lawsuit is frivolous. He pointed out that St. Eve asked Peraica to keep in mind a federal rule that requires attorneys to vet the factual basis of all claims brought before the court.

Police have linked Davis’ death to a bloody feud between two extended families in Evanston dating back to 2005, when a man connected to the Davis family was accused of fatally shooting a man related to the Bambergs. The man with ties to the Davis family, Antoine Hill, was paroled in 2012.

Another lawsuit before the court — this one filed in September of last year — claims Evanston authorities did not respond fast enough after a Bamberg was shot and killed in December 2012 near Evanston Township High School. In January, Peraica filed an amended complaint in that case, and the city has been seeking to have it thrown out.

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