IN THE CTRCUIT COURT OF COOK COUNTY, COUNTY DEPARTMENT, CTIANCERY DTVISION \'

VICTOR SANTANA "

Plaintiff, v. crrrzENs FoR crAYPooL, ToM BowEN and FORREST CLAYPOOL

Defendants.

PETITION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNC TIO N

Plaintiff, Victor Santana, by and through his attorneys, R. Tamara de Silva and

Jonathan Lubin, respectfullystates his complaint against the Defendants, Citizens for

Claypool, Tom Bowen and Forrest Claypool (hereinafter collectively termed,

"Defendants")as foilows:

1. Plaintiff Victor Santana, ("Plaintiff') is a resident of Cook

County, Illinois. Plaintiffworked at the Cook Gounty_Board",

of Review for approximately ten years as an analyst.

2. Defendant, Citizens for Claypool is ("Clalpool 527") a tax

exempt political organization organized under section 527 of

the Internal Revenue Code. Its purpose is to support the

candidacy of Forrest Clalpool for . Clalpool 527 is organized and based in Cook County,

Illinois.

3. Defendant Tom Bowen is the campaign manager for

Clalpool 527 and Forrest Clalpool and is responsiblefor the

communicationsand campaignmaterials of Clalpool 527.

4. Defendant,Forrest Claypool is a candidatefor Cook County

Assessorand is responsiblefor the communications and

campaignmaterials of Claypool 527.

5. Defendant Clalpool is running againstJosephBerrios, currently a

Commissioner of the Cook County Board of Review and

Chairman of the Cook County Democratic Party, for the position

of Cook County Assessorin one of the most contestedelectoral

racesin 2010.

6. On August 16, 2010, Cla;pool 527 launched a website,

wr,r,"wjoeberrios.corn ("Website") in , Cook County, Illinois

and everywherearound the world in which indiiiduals had access

to the world-wide web. The Website claims to pro.rid. an archive

of atl public information on Forrest Claypoolis opponent,Joseph ,;.!i.. Berrios.

7. The Websiteis a weblog, commonly known as a "blog, " consisting

of a seriesof posts listed in chronological order under at times

incendiary and eye-catchingheadlines. 8. One blog post is titled, "Berrios Focus of Ongoing Investigation

into Tax Cuts Traded {ifr'Political Favors." The bullet points

underneaththis headlineare factuallyinaccurate.

9. On August 16, 2010, in Chicago, Cook County, Illinois and

everyrryherearound the world in which individuals had accessto

the world-wide web, Defendants maliciously, irresponsibly and

wrongfully composed and published on Defendant's website,

r.r.lnvjoeberrios.corp,a website accessibleto millions of people

around the world, the falsestories that 1) Plaintiffwas "invoived in

a schemeto improperly award tax cuts to supportersand donors of

State Rep Paul Froehlich;" and 2) that "inJuly 2009, a grand jury

subpoenaed the Board of Review for tax appea-lcase records

during its investigationinto whether Froehlich and Berrios' former

Board stafler and political consultant,Victor Santana,collaborated

to improperly award tax reductionsto Froehlich'spolitical allies."

ffribune, 7/23/2009, "New Probe of Ta-xAppeals"]"

10. All of the above claims are factually incorrect. t1. Plaintiffwas never the subject of a grand jury subpoena,was not

named in any grand jury subpoenasand was not involved in any

so-calledscheme to "improperly award tax reductions" to political

allies or supportersof State RepresentativePaul Froehlich. The

Defendantspurposefully and maliciouslymade this up. t2. Moreover the source quoted by Cla1pool527, does not support

Claypool 527's assertions)bout a grandjury subpoena.

ta tJ. Defendants'false and unconscionable attack on the reputation and

character of the Plaintiff has in space of minutes and seconds

destroyed a name and reputation the Plaintiff has built over his

career and lifetime. t4. Defendants knew the statements they published in Chicago, Cook

County, Illinois and everyrvhere around the world in which

individuais had accessto the world-wide web, against the Plaintiff

were false. They went ahead with the publication simply because

they knew they could.

15. Plaintiffs counsel informed Defendant Tom Bowen about the

factual inaccuracies on Clalpool 527's Website and also attempted

unsuccessfully, to meet with Defendant Tom Bowen and

Defendant Forrest Clalpool.

16. Defendants aggressively evaded the truth by- failing to check

records readily available to them that would hK, ,ont udicted the "a, .;,i.;1. Defendants had they checked them. What is worse, in a

breathtaking act of intellectual dishonesty, the Defendants

manufactured facts, re-characterized the truth and made up

sources to serve their immediate political goals of sensationa"Iism

and mud slinging towards one of their opponents. t7. Plaintiffwas not named in any grand jury subpoena nor was he the

subject of any grand jury fubpoena at any time.

18. Contrary to the Defendants' desire to make sensationalized

campaign sound-bites by spurious and false publications, the

Piaintiffs career in Cook County as a government and real estate

consultant, has been unsullied by criminal charges involving

political matters. t9. Defendants willful and ongoing publication of false statements

against the Plaintiff cast the Plaintiffin a false light and gave rise to

the false implication that he is engaged in criminal conduct, and

named in a grand jury subpoena, in direct contravention to the

truth and doing irrevocable harm to Plaintiffs reputation, business

and profession.

20. Plaintiff has no adequate legal remedy against the Defendants

ongoing bad actions. No amount of money damages could be as

clear, complete, practical, efficient, equitable- and just as an

injunction. Unless enjoined, Defendants will:m a matter of law-

cause irreparable harm to the Plaintiff

2I. Equity and a balancingof the hardshipsfavors the Plaintiff and not

the Defendants because the Defendant, Clawool 527 is a

committee organized to elect a political candidate to an office in

Cook County government which demands the highest

commitment to candor. honestv and civilized discourse and Plainti{f, who is not a political candidate, and has not opined

publicly about this partieular political race and has no public

forum or financial means to publicly defend himself against this

very public attack, will suffer financially and otherwise becausehe

is caught in the cross-hairsof a powerful candidate's(Defendant

Forrest Clalpool) self-servingand unconscionabledefamations.

WHEREFORE, Plaintiff respectfullyrespects that this Honorable Court enter a temporary restraining order and a preliminary injunction requiring the Defendants to immediately retract all defamatory statements,cease and desist publishing anything defamatory and untrue about the Plaintiff, Victor Santana, and other relief that this

Court deemsjust and equitable.

Respectfullysubm i tted,

Attorney) R. Tamara de Siiva (Attorney #624++45) 53 W.JacksonBlvd., Suite 618 Chicago,Illinois 60604 (3r2)e13-seee

His Attorney)

A1,o..r"u#6297 065)'/ f-r-> t 39 S. LaSalleSt., Suite 1400 Chicago,Illinois 60604 (312)332-7374