Andrea Lynn Chasteen

Will County Circuit Clerk

Twelfth Judicial Circuit Court
Electronically Filed
2022LA000691
Filed Date: 10/17/2022 5:54 PM
IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT
Envelope: 19926872
WILL COUNTY, ILLINOIS Clerk: GMA

SADIE MITCHELL, Independent )

Executer of the Estate of ELDRED )
WELLS, SR. deceased, )
)
Plaintiff, )
)
vs. ) Case No.
) 2022LA000691
MIKE KELLY, in his official capacity )
as Sheriff of Will County, Illinois; and )
COUNTY OF WILL, )
) Plaintiff Demands a Jury Trial
Defendants. )

COMPLAINT AT LAW

NOW COMES Plaintiff SADDIE MITCHELL, Independent Executor of the

Estate of ELDRED WELLS, SR., deceased, and files her original complaint at law:

NATURE OF ACTION

1. This is a personal injury action seeking monetary damages on behalf of

the Plaintiff, for injuries sustained as a result of the acts and/or omissions of Mike

Kelly, in his official capacity as Sheriff of Will County.

PARTIES

A. Plaintiff.

2. SADIE MITCHELL is the duly appointed Independent Executor of the

Estate of ELDRED WELLS, SR. deceased, having been so appointed by the Circuit

Court of the Twelfth Judicial Circuit (Case No. 2022-PR-000537) to act in that

capacity.
02-06-2023 9:00 ROOM 804
B. Defendants.

3. Mike Kelly, Sheriff of Will County, is an independently elected county

officer of Will County with his principal place of business located at 16911 W.

Laraway Road, Suite 101, Joliet, Illinois 60433.

4. Defendant Mike Kelly, Sheriff of Will County is sued in his official

capacity.

5. Under section 9–102, the Sheriff is required to pay any tort

compensatory damages judgment for which he or an employee acting within the

scope of his employment is liable so long as the conduct was willful and wanton. 745

ILCS 10/9–102.

6. County of Will is a municipal corporation with its principal place of

business located at the Will County Office Building, 302 N. Chicago Street, Joliet,

Illinois 60432. Because the office of the sheriff is funded by the county, the county is

therefore required to pay any settlement or judgment. Carver v. Sheriff of LaSalle

County, 203 Ill. 2d 497, 787 N.E.2d 127, 141 (2003).

JURISDICTION

7. The court has jurisdiction over the lawsuit because the lawsuit alleges

a justiciable matter that includes allegations arising under Illinois law. ILL. CONST.

1970, art. VI, § 9.

2
 VENUE

8. Venue is proper in the Circuit Court of the Twelfth Judicial Circuit

(Will County, Illinois) because a substantial part of the events or omissions giving

rise to this claim occurred in this county. 735 ILCS 5/2-101.

FACTS

9. At all times alleged herein, the duties and obligations of the Sheriff of

Will County are set forth in the Counties Code (55 ILCS 5/36001, et seq.).

10. The Office of the Will County Sheriff operates pursuant to the

Counties Code.

11. Section 3-6016 (Sheriff liable for acts of deputy and auxiliary deputy)

of the Counties Code states that “[t]he sheriff shall be liable for any neglect or

omission of the duties of his or her office, when occasioned by a deputy or auxiliary

deputy, in the same manner as for his or her own personal neglect or omission.” 55

ILCS 5/3-6016.

12. By statute, Will County Deputy Sheriffs are to be appointed by the

Sheriff and perform all their duties in the name of the Sheriff. See 55 ILCS 5/3-6008

and 5/3-6015.

13. Further, the Sheriff was responsible for hiring and training all

personnel necessary to enforce the laws of Will County.

14. On and before November 6, 2021, and at all times material, the Sheriff

employed various personnel that acted as his agents and/or employees relative to

the citizens of Will County.

3
 15. On and before November 6, 2021, and at all times material, the

employees and/or agents of the Sheriff were acting within the course and scope of

their agency and/or employment with the Sheriff relative to ELDRED J. SR. And

Jabbar Muhammad.

16. On November 6, 2021, at approximately 11:50am, Jabbar Muhammad

was discharged from Silver Oaks Behavioral Hospital to the home he shared with

his grandfather, Plaintiff's Decedent ELDRED WELLS, SR.

17. Approximately four (4) hours after his discharge from Silver Oaks

Behavioral Hospital, deputies of the Will County Sheriff’s Office were informed by

911 that a man (Jabbar Muhammad) was armed with a knife and threatening his

grandfather Plaintiff's Decedent ELDRED WELLS, SR.

18. At approximately 4:07pm, a deputy sheriff arrived at the home of

Plaintiff’s Decedent ELDRED WELLS SR and Jabbar Muhammad and announced,

“Sheriff’s Department”.

19. Upon his entry into the house, the deputy observed Jabbar

Muhammad hold a knife in his right hand and identified Muhammad as the

predominant aggressor; Plaintiff’s Decedent ELDERED J. WELLS, SR. who was

unarmed and not acting in an aggressive manner, was standing a few feet away.

20. After making the initial observation, the deputy did not immediately

separate the parties (Jabbar Muhammad and Plaintiff’s Decedent ELDERED J.

WELLS, SR.).

4
 21. After making the initial observation, the deputy did not immediately

isolate Jabbar Muhammad to protect Plaintiff’s Decedent ELDERED J. WELLS,

SR. (the source of Jabbar’s agitation) and provide the best opportunity to de-

escalate the domestic dispute.

22. In the next thirty (30) seconds following their entry into the home, the

deputies proceed to further agitate and yell at Jabbar Muhammad, as well as draw

their service weapons.

23. When the increasing yelling and agitation became too much, Jabbar

Muhammad lunged at Plaintiff’s Decedent ELDRED J. WELLS, SR.

24. The deputies then began discharging their service weapons at both

Muhammad and Plaintiff’s Decedent ELDRED J. WELLS SR.

25. Plaintiff’s Decedent ELDRED J. WELLS, SR. had done nothing to

cause the deputies to fire their weapons at him during this encounter.

26. Within approximately thirty-two (32) seconds of the deputy’s arrival at

the residence, Jabbar Muhammad and Plaintiff’s Decedent ELDRED J. WELLS SR.

were both shot multiple times by deputies of the Sheriff of Will County.

27. On November 6, 2021, 70-year-old Plaintiff’s Decedent ELDRED J.

WELLS, SR. died from multiple gunshot wounds.

28. Also, on November 6, 2021, 21-year-old Jabbar Muhammad died from

multiple gunshot wounds.

29. Following the shooting, the Will/Grundy Major Crimes Task Force

undertook an investigation of this police-involved shooting.

5
 30. That at all times relevant herein, Plaintiff’s Decedent ELDRED

WELLS, SR. was in the exercise of due care and caution for his safety and well-

being.

COUNT I
(SHERIFF OF WILL COUNTY – SURVIVAL ACT)

31. Plaintiff repeats, realleges, and incorporates paragraphs one (1)

through thirty (30) with the same force and effect as though fully set forth herein.

32. Prior to November 6, 2021, all deputies of the Will County Sheriff

received training to provide them with a basic understanding of mental health

issues and appropriate de-escalation and communication tactics.

33. Prior to November 6, 2021, all deputies of the Will County Sheriff

received training regarding how to safely respond to reports of a domestic dispute.

34. Prior to November 6, 2021, all deputies of the Will County Sheriff

received training that one of the primary initial interventions in domestic dispute

calls is to separate the parties and, thereafter, attempt to de-escalate the incident.

35. At the aforesaid place and time, the Sheriff of Will County, by its

agents and employees, was under a duty to avoid willful and wanton conduct while

executing and/or enforcing the law.

36. Notwithstanding these duties, the Sheriff of Will County committed

one or more of the following acts and/or omissions:

i. Willfully and wantonly executed or enforced the law on

November 6, 2021, in the interaction with Jabbar Muhammad;

ii. Willfully and wantonly failed to separate the parties (Jabbar

Muhammad and Plaintiff’s Decedent ELDRED J. WELLS SR.)
on November 6, 2021;

6
 iii. Willfully and wantonly failed to make sufficient efforts to de-
escalate the circumstances on November 6, 2021;

iv. Willfully and wantonly agitated and escalated the scene of the
domestic dispute on November 6, 2021.

37. As a direct and proximate result of the foregoing acts and/or omissions,

Jabbar Muhammad became increasingly agitated and lunged at the closest person

near him (and apparently a target of his aggression), Plaintiff’s Decedent ELDRED

J. WELLS, SR.

38. As a direct and proximate result of the foregoing acts and/or omissions,

the deputies recklessly shot Plaintiff’s Decedent ELDRED J. WELLS, SR. multiple

times and he suffered significant and permanent injuries, which resulted in his

death.

39. This cause of action has survived the Plaintiff’s Decedent and accrued

to the Plaintiff, SADDIE MITCHELL, Independent Executive of the Estate of

ELDRED J. WELLS SR. deceased, pursuant to the Survival Act of the State of

Illinois (755 ILCS 5/27-6).

40. Plaintiff’s damages are in excess of Fifty Thousand Dollars

($50,000.00), the minimum jurisdictional amount of this Court.

WHEREFORE Plaintiff SADDIE MITCHELL, Independent Executive of the

Estate of ELDRED WELLS, SR., deceased, prays this court for damages according

to proof and for such other and further relief as this Court deems just.

7
 COUNT II
(SHERIFF OF WILL COUNTY – WRONGFUL DEATH ACT)

41. The Plaintiff, repeats, realleges, and incorporates paragraphs one (1)

through thirty-eight (38) of this Complaint with the same force and effect as though

fully set forth herein.

42. As a direct and proximate result of the death of Plaintiff’s Decedent

ELDRED J. WELLS, SR. his next-of-kin have and will continue to suffer great loss

of a personal and pecuniary nature, and have been and will continue to be deprived

of the society, companionship, friendship, comfort, guidance, love and affection of

Plaintiff’s Decedent ELDRED J WELLS SR.

43. That SADDIE MITCHELL Independent Executor of the Estate of

ELDRED J. WELLS SR. deceased and brings this action pursuant to the Wrongful

Death Act of the State of Illinois. 740 ILCS 180/2.1.

44. Plaintiff’s damages are in excess of Fifty Thousand Dollars

($50,000.00), the minimum jurisdictional amount of this Court.

WHEREFORE Plaintiff, SADDIE MITCHELL, Independent Executive of the

Estate of ELDRED J. WELLS SR. deceased, prays this court for damages according

to proof and for such other and further relief as this Court deems just.

8
 JURY DEMAND

Plaintiff, SADDIE MITCHELL, Independent Executive of the Estate of Eldred

Wells, Sr, deceased, asserts her right under the Article I, Section 13 of the Illinois

Constitution and demands, in accordance with Section 5/2-1105 of Illinois Code of

Civil Procedure, a trial by jury on all issues.

Respectfully submitted,

s/ Keenan J. Saulter
One of Plaintiff’s Attorneys

Keenan J. Saulter kjs@saulterlaw.com

Rachel E. Oliver rachel@saulterlaw.com
Saulter Law P.C.
18430 West Creek Drive
Tinley Park, Illinois 60477
708.573.0060 Telephone
708.573.0061 Facsimile

9
 IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT
WILL COUNTY, ILLINOIS

SADIE MITCHELL, Independent )

Executive of the Estate of ELDRED )
WELLS, SR. deceased, )
)
Plaintiff, )
)
vs. ) Case No.
)
MIKE KELLY, in his official capacity )
as Sheriff of Will County, Illinois; and )
COUNTY OF WILL, )
) Plaintiff Demands a Jury Trial
Defendants. )

AFFIDAVIT PURSUANT TO SUPREME COURT RULE 222(B)

Pursuant to Supreme Court Rule 222 (B), counsel for the above-named
Plaintiff certifies that the Plaintiff seeks money damages are in excess Fifty
Thousand and 00/100ths Dollars ($50,000).

s/Keenan J. Saulter
Attorney for Plaintiff

[X] Under penalties as provided by law pursuant to 735 ILCS 5/1-109 of the Code
of Civil Procedure, I certify that the statements set forth in this instrument
are true and correct, except as to matters therein stated to be on information
and belief and as to such matters the undersigned certifies as aforesaid that I
verily believe the same to be true.

Keenan J. Saulter kjs@saulterlaw.com

Rachel E. Oliver rachel@saulterlaw.com
Saulter Law P.C.
18430 West Creek Drive
Tinley Park, Illinois 60477
708.573.0060 Telephone
708.573.0061 Facsimile

10