IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, LAW DIVISION

REBECCA GYSAN, individually and as
)
executor of the ESTATE OF SHANE CATALINE, )
)
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Plaintiffs,
)
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v.
)
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STEVEN FRANCISKO and
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MARC MILLER, individually and in his official )
capacity as Director of the ILLINOIS
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DEPARTMENT OF NATURAL RESOURCES, )
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Defendants,
)
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HIRAM GARU, individually and in his official
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capacity as Director of the ILLINOIS STATE
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POLICE, LUKE KUEHL, TRISH JOYCE,
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individually and in her capacity as WHITESIDE
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COUNTY STATES ATTORNEY, and
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GERALD BUSTOS individually and in his
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official capacity as SHERIFF OF ROCK
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ISLAND COUNTY, KELLY WILHELMI
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individually and in her official capacity as
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SHERIFF OF WHITESIDE COUNTY
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Respondents in Discovery.
)

Case No.

PLAINTIFF DEMANDS
TRIAL BY JURY

COMPLAINT
Plaintiff, REBECCA GYSAN, as Executor of the Estate of SHANE CATALINE,
deceased, by and through DANIEL J. VOELKER and ALEXANDER N. LOFTUS of the
VOELKER LITIGATION GROUP, complain against Defendants, STEVEN FRANCISKO and
MARC MILLER, individually, and in his official capacity as Director of the ILLINOIS
DEPARTMENT OF NATURAL RESOURCES, as follows:


I. INTRODUCTION
1. This is a civil action seeking damages against defendants for committing acts under
color of law, and depriving plaintiffs decedent of rights secured by the Constitution and laws of
the United States by killing him following an unlawful stop on Interstate 88 in rural Illinois. This
action arises under the United States Constitution, particularly under the provisions of the
Fourth, Fifth, Eighth, and Fourteenth Amendments, and under federal law, particularly, the Civil
Rights Act, Title 42 of the United States Code, Section 1983.
II. JURISDICTION AND VENUE
2. Jurisdiction over these Defendants and Respondents in Discovery is proper by virtue of
735 ILCS 5/2-209(b)(1) because all are residents of this state.
3. Venue is proper in this county by virtue of 735 ILCS 5/2-101(1) in that one or more of
the Defendants reside in this county.
4. State courts may hear claims brought pursuant to 42 U.S.C. 1983. Haywood v.
Drown, 556 U.S. 729, 731 (2009).
III. THE PARTIES AND OTHERS
5.

At the time of his death, Shane Cataline was a 30-year-old man traveling to start

his new job as a software developer at a startup in Mountain View, California.

6.

At all times relevant hereto, Shane Cataline was a citizen of the United States and

a resident of the Toledo, Ohio.

7.

Plaintiff, Rebecca Gysan, is the mother of the decedent Shane Cataline and is the

executor of the Shane Catalines estate administrated in Ohio.

8.

At all relevant times, Defendant, Steven Francisko (Francisko), was an Illinois

State Conservation Police Officer employed by the Illinois Department of Natural Resources and


was acting under color of state law.
9.

Defendant, Marc Miller (Miller), is and was, at all relevant times, herein the

Director of the Illinois Department of Natural Resources. The Director is charged with making
and adopting rules and regulations for the direction, control, discipline and conduct of the
employees of the Illinois Department of Natural Resources. 20 ILCS 805 et seq. Defendant,
Miller, is sued herein in his individual and official capacities.
IV. ALLEGATIONS COMMON TO ALL COUNTS
10.

At all times relevant to the Complaint, Cataline was unarmed, had never been

previously arrested, has no history of mental health problems, and was not under the influence of
any mind altering substances.
11.

On November 22, 2013, at approximately 10:45 a.m. Shane Cataline was stopped

along side the roadway taking a break on his long drive to Mountain View, California, from Ohio
where he was starting a new job as a software developer.
12.

At that time, Francisko was on routine patrol at Burns Road and Albany in

Albany, Whiteside County, Illinois, wearing a baseball cap and driving a pickup truck.
13.

November 22, 2013, was a busy day for Francisko, a Department of Natural

Resources employee, because it was opening day of deer hunting season.

14.

Francisko approached Cataline at approximately 10:45 a.m., took his

identification, and questioned him regarding why he was stopped.

15.

Cataline was confused as to why a game warden in a pickup truck was stopping

him and taking his identification so he called 911 and reported the incident to the Rock Island
County Sheriffs Office.
16.

At approximately 10:53 a.m., not knowing that Cataline had just called 911,


Francisko told Cataline he was free to leave.
17.

Shortly thereafter, Francisko was advised of the 911 call and found it necessary to

stop Cataline again for a second purported welfare check.

18.

While following Cataline, Francisko and now his Illinois State Police back up,

Trooper Luke Kuehl, searched for a reason to pull over Cataline.

19.

Francisko and Kuehl stopped Cataline for a second time at 11:11 a.m. for

allegedly improper lane usage and failure to yield to a stationary emergency vehicle.
20.

When Cataline pulled over on the north side of westbound Interstate 88, Kuehl

pulled his vehicle directly behind Cataline and Francisko swiftly pulled his pickup directly in
front of Cataline.
21.

Francisko maneuvered his vehicle to trap Cataline in order to prevent the

unarmed, sober, software developer in a mini-van, whose welfare they were purportedly
checking on, from fleeing the scene.
22.

Kuehl and Francisko approached Catalines driver side door and asked him why

he called 911 and demanded that he get out of his vehicle.

23.

When he refused to get out of his vehicle Kuehl attempted to put Cataline in a

head lock and pull him out in furtherance of the purported welfare check.
24.

Cataline pulled onto the roadway when the officer attempted to open his vehicle

door and did a u-turn heading eastbound on Interstate 88.

25.

A semi-truck driven by Sean Dale approached traveling westbound on Interstate

88 and Catalines vehicle was forced off the roadway and into the drivers side of Kuehls squad
car parked on the north side of the roadway.
26.

Kuehl got out of his car prior to impact, leaving his squad car door open, and


rolled on the ground away from his vehicle.
27.

Catalines van hit the squad car and forced its open door backwards.

28.

Immediately after the impact, Francisko was up on the hood of Kuehls squad car

and shot Cataline five times in the head and chest.

29.

Francisko did not say stop or freeze or give any warning before shooting

Cataline.
30.

Kuehl was not in his vehicle nor was he standing between Catalines minivan and

his vehicle when Catalines van made contact with the squad car.
31.

No one was in immanent threat of bodily harm when Francisko executed Cataline.

32.

Cataline was not a threat to flee the scene when Francisko executed him.

33.

Kuehl and Francisko walked away from the scene without any injuries.

V. CLAIMS
Count I 42 U.S.C. 1983 4th Amendment Violation
34.

Plaintiff repeats and realleges the allegations contained in Paragraphs 1 through

33 of the Complaint as Paragraph 34 of Count I of the Complaint as though fully set forth herein.
35.

On November 22, 2013, Decedent, Shane Cataline, was seized and searched

without a warrant and without probable cause. This seizure and search were in violation of
Decedent, Shane Catalines, rights secured under the Fourth and Fourteenth Amendments of the
Constitution of the United States.
36.

Defendant, Francisko unlawfully and maliciously stopped and searched Decedent,

Shane Cataline, twice and wrongfully detained him without any legal right to do so, in his
official capacity as a peace officer, under color of state law, and acting within the scope of his
employment.


37.

The misconduct described in this Count was undertaken pursuant to the policy

and practice of Marc Miller as Director of the Illinois Department of Natural Resources in that as
a matter of both policy and practice, Marc Miller as Director of the Illinois Department of
Natural Resources directly encourages the type of misconduct at issue here by failing to
adequately train, supervise, and control its conservation officers, and its failure to do so
constitutes deliberate indifference.
38.

The acts committed by Defendant, Francisko, were done maliciously, willfully

and wantonly, intentionally, and with reasonable certainty that the acts were in violation of
Decedent Shane Catalines constitutional rights and would cause harm to him.
WHEREFORE, Plaintiff prays for judgment against Defendants for compensatory damages
in a fair and just amount sufficient to compensate Decedent, Shane Cataline, for the injuries he
suffered, plus, Plaintiff seeks a substantial sum in punitive damages against Defendant,
Francisko, and Defendant Marc Miller, costs and reasonable attorney fees, and all such other
relief as this Court finds just and equitable.
Count II 42 U.S.C. 1983 5th and 8th Amendment Violation
39.

Plaintiff repeats and realleges the allegations contained in Paragraphs 1 through

33 of the Complaint as Paragraph 39 of Count II of the Complaint as though fully set forth
herein.
40.

On November 22, 2013, Defendant, Francisko, subjected Decedent, Shane

Cataline, to excessive force.

41.

The misconduct as described in the preceding paragraphs was objectively

unreasonable and was undertaken intentionally, maliciously, willfully and with reckless
indifference to Shane Cataline and Rebecca Gysans Fifth Amendment Rights and Shane


Catalines Eighth Amendment Rights.
42.

The misconduct described in this Count was undertaken pursuant to the policy

and practice of Marc Miller as Director of the Illinois Department of Natural Resources in that as
a matter of both policy and practice, Marc Miller as Director of the Illinois Department of
Natural Resources directly encourages the type of misconduct at issue here by failing to
adequately train, supervise, and control its conservation officers, and its failure to do so
constitutes deliberate indifference.
43.

Upon information and belief, the above-described conduct of Officer Francisko

was sufficiently known, pervasive and routine so as to constitute an official custom, practice,
procedure and policy of Defendant Marc Miller.
44.

As a result of the unjustified and excessive use of force, Decedent Shane Cataline

suffered severe injuries resulting in his death, as well as severe conscious pain and suffering, and
emotional distress.
WHEREFORE, Plaintiff prays for judgment against Defendants for compensatory
damages in a fair and just amount sufficient to compensate Shane Cataline and Rebecca Gysan
for the injuries he suffered, plus, Plaintiff seeks a substantial sum in punitive damages against
Defendant, Francisko, and Defendant, Marc Miller, costs and reasonable attorney fees, and all
such other relief as this Court finds just and equitable.
COUNT III-Respondents in Discovery
Pursuant to 735 ILCS 5/2-402 Plaintiff designates the following individuals as
Respondents in Discovery: HIRAM GARU, individually and in his official capacity as Director
of the ILLINOIS STATE POLICE, LUKE KUEHL, TRISH JOYCE, individually and in her
capacity as WHITESIDE COUNTY STATES ATTORNEY, GERALD BUSTOS individually


and in his official capacity as SHERIFF OF ROCK ISLAND COUNTY, and KELLY
WILHELMI individually and in her official capacity as SHERIFF

OF

WHITESIDE

COUNTY.

Respectfully Submitted,
REBECCA GYSAN, AS EXECUTOR OF
THE ESTATE OF SHANE CATALINE
Plaintiff
By: /s/ Alexander N. Loftus
One of Her Attorneys
Daniel J. Voelker, Esq.
Alexander N. Loftus, Esq.
VOELKER LITIGATION GROUP
311 W. Superior Street, Suite 500
Chicago, Illinois 60654
T: (312) 870-5430
F: (312) 870-5431
dvoelker@voelkerlitigationgroup.com
alex@voelkerlitigationgroup.com
Attorney No. 48085