Amor V. Cross Et Al

Case Background

On April 9, 2018, Plaintiff Jeanne Olson, as successor Plaintiff for William E. Amor filed a lawsuit in the  Illinois State, Northern District Court of Chicago Division (Case number: 1:18cv2523). Judge John J. Tharp, Jr presided over the case.

Cause

In September 1995, Naperville police officers conspired to unlawfully arrest and prosecute William E. Amor, leading to a notorious false confession case. The officers coerced a false confession from Amor using physical force, mental coercion, lies, and improper interrogation techniques. They falsely told Amor he had failed a polygraph test and fabricated witness evidence to support charges they knew lacked probable cause. As a result of their misconduct, Amor was convicted and sentenced to 45 years in prison. He served over 20 years before his conviction was vacated in 2017, after experts agreed his confession was scientifically impossible. Amor was acquitted at a retrial in 2018.

Injuries

As a result of his wrongful conviction, Amor suffered severe mental anguish and emotional distress during his 20+ years of incarceration. He endured the stigma of being labeled an arsonist and murderer and missed countless holidays, birthdays, and life events with family and friends. Amor faced daily risks of violence in prison and experienced loss of liberty, freedom of movement, consortium, and other non-pecuniary losses. The wrongful conviction caused him incalculable damage to his life and well-being.

Damages

Plaintiff sought compensatory and punitive damages for the officers’ egregious misconduct that led to his wrongful conviction.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Jeanne Olson, as successor Plaintiff for William E. Amor
    • Counsel for Plaintiff: Jonathan I. Loevy| Alyssa Martinez | Samuel Heppell | Gayle M. Horn | Locke E. Bowman III | Mariah Esperanza Garcia
  • Defendant(s):Officer Robert Guerreri | The Estate of Mark Carlson | Officer Brian Cunningham | Other Unidentified Naperville Police Officers | The City of Naperville | Rebecca Gomez, Special Representative of Michael Cross (deceased)
    • Counsel for Defendants: James G. Sotos | Jeffrey Christian Grossich | Joseph M. Polick | Laura Marie Ranum | Lisa Marie Meador | Thomas Sotos

Claims

In response to his wrongful conviction, Amor filed federal civil rights claims under 42 U.S.C. § 1983 for violations of his constitutional rights, including the fabrication of evidence, coerced confession, conspiracy, and failure to intervene. He also brought state law claims for malicious prosecution, intentional infliction of emotional distress, and conspiracy. Amor sued the individual Naperville police officers involved, as well as the City of Naperville, under respondeat superior and indemnification theories.

Defense

The defense claimed the defendants did not engage in misconduct or violate Amor’s constitutional rights. They denied fabricating evidence, coercing a confession, or conspiring against him. They asserted that Amor voluntarily confessed to starting the fire that led to his arrest and conviction, maintaining that probable cause existed for his arrest and prosecution. The defense also argued that Amor’s claims were barred by various legal doctrines, including qualified immunity, statutes of limitations, and res judicata. They claimed independent decisions by prosecutors and judges broke any chain of causation, and Illinois law provided multiple immunities for public employees acting within their employment. The defense argued that Amor’s conduct contributed to his damages and that he failed to mitigate his injuries. They also asserted that the City of Naperville was immune from punitive damages and sought judgment in their favor.

Jury Verdict

On August 5, 2024, with Judge Tharp presiding, a federal jury in Illinois awarded $22.5 million to Amor’s estate. Amor had passed away in 2023. The jury ruled in favor of the estate on claims of due process violations and evidence fabrication against Naperville officer Cross, who died in 2022. However, the jury dismissed the claims of coerced confession and conspiracy against the officer.

Court Documents:

Available Upon Request