Family of man shot by Kane County deputies files wrongful death lawsuit

The family of a man Kane County deputies shot and killed May 24, 2023, have filed a wrongful death lawsuit against Sheriff Ron Hain and Deputy Michael Widlarz in federal court seeking a jury trial and unspecified damages.

The seven-page lawsuit, filed April 25 in U.S. District Court for the Northern District, was brought by the next of kin, Kathryn Moriarty, of James Moriarty, 38, of Aurora, a carjacking suspect.

She is is ex-wife and mother of his child.

The lawsuit alleges that Hain and Widlarz violated Moriarty’s rights by using excessive force and denying his right to due process and liberty. It also alleges wrongful death under state law which required him to be arrested “using no greater force than necessary.”

In a text, Hain spurned the lawsuit’s claims as a “money grab.”

“We will not be intimidated by people who are simply seeking a money grab, don’t know the facts, and are attempting to defend the actions of a man who chose to go on a crime spree, threaten the lives of innocent civilians, and brandish a gun at my deputies while disobeying repeated commands to comply,” according to Hain’s text. “Our deputies performed exactly how they were trained and should not be second-guessed in this manner while preserving safety in Kane County.”

According to the lawsuit, Aurora police had sought to arrest Moriarty and staked out his apartment, waiting for him. They also used a tire deflation device near his car.

“Disagreeing with [Aurora Police Department’s] plan, Defendant Hain unilaterally decided to end it by instructing his deputies to have Moriarty’s vehicle impounded,” according to the lawsuit.

The next day, Moriarty took possession of another vehicle and Kane deputies pursued. Widlarz used a maneuver to stop his vehicle. Moriarty got out of that vehicle holding a replica firearm, pointed at the ground, according to the lawsuit.

Deputy Eric Gustafson shot Moriarty three times. Deputy Luke Weston released a police dog which bit Moriarty’s arm, causing him to drop the replica firearm, according to the lawsuit.

Gustafson shot Moriarty once more, causing him to fall.

“Moriarty was alive, unarmed, continued to be bitten by the police dog, posed no threat to anyone and was subdued,” according to the lawsuit.

According to the lawsuit, Widlarz shot Moriarty about 13 times without legal justification and describes his actions as “willful, wanton, malicious, oppressive, and done with reckless indifference.”

The lawsuit follows a press conference April 11 in which State’s Attorney Jamie Mosser said her office will not seek any charges against deputies for the death of Moriarty and the K-9 Hudson, who was also shot and killed.

“It was Moriarty’s choice and his choice alone that ultimately led to his death,” Mosser said at the press conference.”

In an email, Kathryn Moriarty’s attorney Peter Sadelski wrote that James Moriarty’s death was preventable.

“If Sheriff Ron Hain had not interfered with the Aurora Police Department’s stakeout, Moriarty could be alive today,” Sadelski wrote. “Moreover, after Deputy Eric Gustafson shot Moriarty four times and a police dog bit him, Moriarty was unarmed and no longer a threat.”

While not specifically stating how much money is being sought, the lawsuit asks for Hain and Widlarz to pay for general and special damages, attorney’s fees, the cost of the lawsuit, punitive and exemplary damages.

Widlarz is being sued in his personal capacity, while Hain is being sued in both his official capacity as a government employee, and in his personal capacity, separate from his official role as sheriff.

“My office is representing Hain and Widlarz in any lawsuit against them in their official capacity,” Mosser said in a text. “If they are also being sued in their personal capacity, they have the right to have an outside lawyer as well. That has not been finally determined. My office is ready and prepared to defend against this lawsuit.”

Hain said in a text message that he and Widlarz have requested outside counsel.

The day Moriarty died, he was wanted for an aggravated and armed hijacking at an Aurora Jiffy Lube earlier that day, and had several other warrants for his arrest. A sheriff’s deputy located Moriarty in South Elgin about 3 p.m. and the chase ensued.

“Each one of those bullets was unconstitutional and an abuse of power,” Sadelski wrote. “It is outrageous that Widlarz was recently promoted instead of prosecuted. Shame on everyone involved.”

Widlarz was recently promoted to lieutenant.

The court set July 23 for a status hearing.