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Crrrzens for Craypool, Tom Bowen and FORREST CLAYPOOL

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Crrrzens for Craypool, Tom Bowen and FORREST CLAYPOOL IN THE CTRCUIT COURT OF COOK COUNTY, ILLINOIS 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 Cook County Assessor. 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 Chicago, 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 .
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