Following a federal judge’s questioning of DHS officials over apparent violations of her restraining order, plaintiffs have filed an amended complaint saying DHS forces “have escalated and expanded their suppression of speech and journalism.”
CHICAGO — Plaintiffs in Chicago Headline Club v. Kristi Noem, et al—the lawsuit over federal agents’ aggressive use of force against protesters, religious leaders, and members of the press that resulted in a Temporary Restraining Order (TRO) on Oct. 9th—filed an amended complaint, a motion for class certification, and a motion for a preliminary injunction, asking the Court to put an end to the federal government’s unlawful violations of their constitutional rights in the Chicago area. A preliminary injunction hearing will take place in federal court on November 5, 2025.
These filings follow a hearing Monday before Judge Sara L. Ellis of the U.S. District Court for the Northern District of Illinois, in which Judge Ellis summoned officials from Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) to explain apparent violations of her TRO prohibiting unlawful uses of force and requiring agents to wear identification. During the all-day hearing, Judge Ellis questioned ICE Deputy Field Office Director Shawn Byers and CBP Deputy Incident Commander Kyle Harvick about a number of subjects, including training requirements, use of force policies, body-worn cameras, and who—if anyone—is ultimately coordinating inter-agency efforts under “Operation Midway Blitz.”
During her questioning, Judge Ellis asked about incidents that have occurred since the TRO was issued, including a widely seen photo of an agent in full riot gear pointing a crowd-control weapon directly in the face of an unarmed minor. “Do you believe then,” the Judge asked Mr. Harvick, “that how that particular juvenile was treated was consistent with CBP’s use of force policies with respect to juveniles?”
In her questioning of Mr. Byers, after asking about reporting requirements for uses of force, Judge Ellis asked whether any officers had been disciplined for violating policy during the many well-documented incidents of violence against Broadview protesters. “No,” replied Mr. Byers.
At the end of that hearing, Judge Ellis agreed to allow plaintiff’s attorneys to depose three supervising officials within the Department of Homeland Security (DHS), including Greg Bovino, Commander-At-Large of Operation Midway Blitz.
The amended complaint alleges that the federal defendants have spread across the region, using violent force against civilians, against peaceful protesters, against people engaged in prayer, and against journalists gathering the news.
New plaintiffs joining the suit today include civilians like David Beale, who was riding his bike in Logan Square when he stopped alongside other neighbors to observe the activity of federal agents. Mr. Beale was imploring the agents not to hurt anyone when, without provocation or warning, a federal agent in the passenger’s side of a vehicle threw a tear gas canister into a neighborhood street. Plaintiffs like Mr. Beale have moved to represent classes of similarly situated individuals throughout Northern Illinois.
The plaintiffs are represented by attorneys from Loevy + Loevy, the Community Justice and Civil Rights Clinic at the Northwestern Pritzker School of Law, the Mandel Legal Aid Clinic of the University of Chicago School of Law, First Defense Legal Aid, Protect Democracy, and the ACLU of Illinois.
“Based on the pretext of protecting federal employees and property, the Trump Administration has deployed militarized federal officers to wreak havoc on our neighborhoods, businesses, and homes,” said Steve Art of Loevy + Loevy. “Our clients will not tolerate being terrorized by their own government. We will use every legal means available to restore peace and order in our communities.”
“This is what it looks like when people across Chicago come together to protect democracy,” adds attorney Craig Futterman of the Mandel Legal Aid Clinic.
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For a copy of the amended complaint, click here.
For a copy of the motion for a preliminary injunction, click here.
For a copy of the motion for class certification, click here.
