IN THE UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF ILLINOIS

MATTHEW SULLIVAN,

Plaintiff,
Case No. 24-cv-4116
v.

Knox County employees MELINDA Jury demanded.

ALLGEYER and KARLA JOHNSON, and
COUNTY OF KNOX,

Defendants.

COMPLAINT AT LAW

NOW COMES MATTHEW SULLIVAN, by his attorney, LAW OFFICE OF JORDAN

MARSH LLC, and complaining of the Defendants, Knox County employees MELINDA

ALLGEYER and KARLA JOHNSON, and KNOX COUNTY, and states the following:

JURISDICTION AND VENUE

1. This action arises under the Constitution of the United States, particularly the

Fourth and Fourteenth Amendments to the Constitution of the United States, under the laws of

the United States, particularly the Civil Rights Act, Title 42 of the United States Code, Sections

1983 and 1988, and under the laws of the State of Illinois.

2. The jurisdiction of this Court is invoked under the provisions of Title 28 of the

United States Code, 1331 and 1343. Plaintiff also invokes the supplemental jurisdiction of this

Court pursuant to Title 28 of the United States Code, § 1367.

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 3. This Court has jurisdiction over this action pursuant to Title 28 of the United States

Code §§ 1331 and 1367, as Plaintiff asserts claims under federal law and the state law claims arise

out of the same facts as the Federal claims. Venue is proper under Title 28 of the United States

Code, § 1391(b)(2), as the events complained of occurred within this district.

PARTIES

4. At all times relevant herein, MATTHEW SULLIVAN (“Matthew”) was a

resident of the County of Knox, State of Illinois.

5. Defendant MELINDA ALLGEYER is sued in her individual capacity and was at all

times relevant, a clerk employed by KNOX COUNTY, and was acting within the scope of her

agency, service and/or employment with KNOX COUNTY, and was acting under color of the

statutes, ordinances, regulations, customs, and usages of the State of Illinois.

6. Defendant KARLA JOHNSON is sued in her individual capacity and was at all

times relevant, an employee of KNOX COUNTY, and was acting within the scope of her agency,

service and/or employment with KNOX COUNTY, and was acting under color of the statutes,

ordinances, regulations, customs, and usages of the State of Illinois.

7. Defendant KNOX COUNTY is a government entity operating within the State of

Illinois. KNOX COUNTY is sued as indemnitor of Defendants ALLGEYER and JOHNSON.

FACTUAL ALLEGATIONS

8. On or about December 14, 2022, Matthew was in his mother’s house located at 924

N. Farnham Street, Galesburg, IL 61401. He was helping remove items from the house because it

had recently been damaged in a fire.

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 9. Matthew requested the help of his friends Emily Philbee and David Lindsey to

move the burned items out of the house.

10. In the process of moving the items out of the house, Matthew called the Knox

County Courthouse to request information on the return of bond money for a previously dismissed

case. Matthew put his phone on speaker, and Philbee and Lindsey were able to listen to the

conversation.

11. Defendant Allgeyer, the clerk who took his call, informed Matthew that she could

not properly hear him. Philbee advised Matthew to hang up the phone, turn off the generator they

were using, and call back from outside the house

12. Matthew stepped outside the house and called back, putting the phone on speaker

again, and stayed outside, accompanied by Philbee and Lindsey, who could hear the conversation.

13. Matthew inquired about his bond money again, and Defendant Allgeyer indicated

Matthew’s bond money was used to pay outstanding financial obligations as per a judge’s order.

14. Matthew explained to Defendant Allgeyer that the fines had already been sent to

collections and requested his money back. Defendant Allgeyer responded that the Judge had

decided to apply it elsewhere.

15. Philbee, who was listening to the conversation, said that “if the case was dismissed

then [the judge] couldn’t do that”.

16. Defendant Allgeyer responded that “the judge can do whatever he wants.”

17. Matthew was not satisfied with this answer and said “Well, then I’m going to come

up and sue the courthouse”.

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 18. Defendant Allgeyer scoffed, and said, “Good luck with that. Get an attorney” and

hung up.

19. After the phone call, Defendants Allgeyer and Johnson – who was allegedly listening to the

conversation with Allgeyer – informed Galesburg police that Matthew stated, “I will come down

and shoot up the courthouse and sue you guys, the judge, and the Courthouse for taking my

money”.

20. At or around 11:30 a.m., Galesburg police officers arrived at the house and informed

Matthew he was under arrest for threatening to “shoot the courthouse”.

21. Matthew was charged with Felony Disorderly Conduct for threatening a public

official and for harassment through electronic communications. He spent 10 days in the Knox

County Jail, and paid a bond of $2,515.

22. Philbee and Lindsey both signed affidavits describing the incident and what they

heard of the conversation between Matthew and Defendant Allgeyer.

23. On March 8, 2023, the Knox County State’s Attorney’s Office filed a Statement of

Nolle Prosequi, indicating they lacked sufficient evidence to sustain their burden of proof.

24. The case against Matthew was dismissed in a manner in favor of Matthew and

indicative of his innocence.

25. Matthew lost his job as a result of his arrest, incarceration, and prosecution.

COUNT I – FEDERAL CLAIM

FALSE ARREST
ALLGEYER, JOHNSON

26. Each paragraph of this Complaint is incorporated as if restated fully herein.

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 27. Defendants caused Matthew to be arrested without probable cause to believe he had

committed any crime or offense, in violation of the Fourth Amendment to the U.S. Constitution.

28. As a proximate result of Defendants’ misconduct, Matthew suffered loss of liberty,

fear, mental anguish, humiliation and emotional pain and suffering.

COUNT II – FEDERAL CLAIM

MALICIOUS PROSECUTION
ALLGEYER, JOHNSON

29. Each paragraph of this Complaint is incorporated as if restated fully herein.

30. Defendants initiated and continued criminal charges against Matthew without

probable cause and with malice, in violation of the Fourth Amendment to the U.S. Constitution.

31. Defendants accused Matthew of criminal activity and exerted influence to initiate,

continue, and perpetuate judicial proceedings against Matthew without any probable cause for

doing so, in violation of his rights secured by the Fourth and Fourteenth Amendments to the U.S.

Constitution.

32. The criminal case against Matthew was dismissed on March 8, 2023, in a manner

favorable to Matthew and indicative of his innocence.

33. As a proximate result of Defendants’ misconduct, Matthew suffered loss of liberty,

fear, mental anguish, humiliation and emotional pain and suffering.

COUNT III – STATE CLAIM

INDEMNIFICATION
COUNTY OF KNOX

34. Each paragraph of this Complaint is incorporated as if restated fully herein.

35. At all relevant times, Defendant Knox County was the indemnitor of Defendants

Allgeyer and Johnson.

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 36. Defendants committed the acts alleged above under color of law and in the scope of

their employment as employees of Knox County.

37. Illinois law provides that government entities are directed to pay any tort judgment

for any damages for which employees are liable within the scope of their employment activities.

38. Should one or more Defendants be found liable on one or more of the claims set

forth above, Plaintiff demands, pursuant to Illinois law, that their indemnitor, Defendant Knox

County, be found liable for any judgment plaintiff obtains against any of the defendants.

PRAYER FOR RELIEF (ALL COUNTS)

For the foregoing reasons, Plaintiff Matthew Sullivan prays for judgment against all

defendants in a fair and reasonable amount, including compensatory and punitive damages,

attorney fees and costs, and for any additional relief this Court deems just and proper.

JURY DEMAND

The plaintiff Matthew Sullivan requests a trial by jury.

DATED: July 8, 2024

Respectfully submitted,

MATTHEW SULLIVAN

/s/ Jordan Marsh

Attorney for the Plaintiff
LAW OFFICE OF JORDAN MARSH LLC
5 Revere Drive Suite 200
Northbrook, IL 60062
(224) 220-9000
jordan@jmarshlaw.com