In a dramatic legal showdown, a plaintiff has filed a civil rights lawsuit against the City of Berwyn and several individuals, alleging a conspiracy to retaliate against him due to his immigration status and deny him access to the courts. Antonio Cruz, also known as Custodio Cruz Puebla, lodged this complaint in the United States District Court for the Northern District of Illinois on April 1, 2025. The defendants include the City of Berwyn, Gilbert Pena, unknown agents of Berwyn's police department, and unidentified agents from the United States Immigration and Customs Enforcement (ICE).
The lawsuit stems from an alleged conspiracy involving the unlawful takeover of a restaurant co-owned by Cruz in Berwyn. According to court documents, Cruz had previously filed a lawsuit in Cook County Circuit Court under case number 2022 L 11069, claiming that he was defrauded out of his restaurant ownership by his partners Javier Esquivel and Elizabeth Cano. The complaint alleges that certain individuals paid Gilbert Pena for corrupt services from the City of Berwyn to aid in this fraudulent takeover.
Cruz accuses Pena of orchestrating his partner Esquivel's arrest without probable cause and threatening Cruz with deportation to further this conspiracy. On September 17, 2024, a jury awarded Cruz and other plaintiffs compensatory damages amounting to $2.3 million and punitive damages totaling $9.5 million in their favor. Despite this victory, Cruz contends that Pena and others continued efforts to conceal their criminal acts by conspiring with ICE agents to have him deported.
The complaint details how attorneys Terrence Goggin and John Goggin allegedly supported the conspiracy by presenting false evidence and concealing material facts during litigation. The overarching goal was reportedly to retaliate against Cruz for pursuing legal action against those involved in the conspiracy while covering up unlawful activities within Berwyn's local government.
Cruz seeks injunctive relief through ongoing proceedings in Cook County Circuit Court to reclaim ownership of his restaurant. He also demands judgment against the defendants for compensatory damages, punitive damages, legal costs, and any other equitable relief deemed just by the court.
Representing Antonio Cruz is attorney Jared S. Kosoglad from JARED S. KOSOGLAD P.C., based in Chicago. The case is being heard under Case ID: 25-cv-3458 before judges yet unnamed.