Civil lawsuit filed for wrongful conviction and 29 years of incarceration of Jerry Herrington for a crime he didn’t commit

CHICAGO (July 29, 2025) – Jerry Herrington spent nearly 29 years in prison for a crime he did not commit. Jerry was 16 years old when he was arrested for “disorderly conduct.” Little did he know then that he would be framed for a woman’s murder at the Chicago’s Dearborn Homes Public Housing Project, where he occasionally spent time. A murder that he had nothing to do with caused him to not see the light of freedom again until he was released from prison, at the age of 45, in June of 2020. Today, the law firms of Romanucci & Blandin, LLC and Hart McLaughlin & Eldridge, LLC, announce a civil lawsuit filed on behalf of Jerry Herrington. On March 4, 2025, Jerry Herrington was exonerated, his conviction was vacated, and the charges against him were dismissed.

Case Background

On June 22, 1991, at approximately 3:10 p.m., Vera Brown was shot and killed outside of 2910 South Dearborn Street in the Dearborn Homes Public Housing Project. At the time, the Dearborn Homes were inundated with drugs, gangs, and crime. Shootings at the Dearborn Homes were not uncommon and, because of the heavy gang presence and fear of deadly retaliation, witnesses to crime were generally unwilling to name names. Chicago Police Department officers and detectives, who had a frequent presence at the Dearborn Homes, knew of this impediment. Therefore, to close cases at the Dearborn Homes, particularly murder cases, CPD officers and detectives had a longstanding pattern and practice of fabricating evidence and manipulating witnesses into falsely identifying “offenders,” who would later be baselessly charged, maliciously prosecuted, and wrongfully convicted. The consequences of that pattern and practice are devastating – a loss of personal freedom that cannot be restored - in this case, 29 years of losses, 10,585 days. That is exactly what happened to Jerry Herrington.

Jerry Herrington was not present at the time of Vera Brown’s murder and knew nothing about it. He was never identified by a single person as being involved in the murder at any point prior to his criminal trial. The two pieces of evidence used against Jerry to secure his conviction were both fabricated. Yet, he was denied his right to be a free man. 

First, the Defendant CPD Officers and Detectives coerced and manipulated Melvin Jefferson into falsely identifying Jerry Herrington as the shooter at trial. Melvin Jefferson was not present at the time of the shooting and, even based upon his own reported location, he could not have possibly seen the shooting. The Defendant CPD Officers and Detectives told Melvin Jefferson what to say and told him to identify Jerry Herrington as the shooter at trial, knowing that such information was false.

Second, the Defendant CPD Officers and Detectives, along with Defendant Assistant State’s Attorney (“ASA”) William Toffenetti, fabricated evidence and falsified reports claiming that Jerry Herrington confessed to the Brown murder. Jerry was subjected to physical abuse and unconstitutional interrogation tactics after his arrest, but he never confessed to having any involvement with the Brown murder. Unsurprisingly, therefore, there is no audio or video recording of his alleged confession, nor did Jerry sign anything memorializing or affirming his purported confession. Defendant Detectives Riley and Doroba and ASA Toffenetti made up this “confession” out of whole cloth, knowing it was false. Beyond these false and fabricated pieces of evidence –– Jefferson’s statement and Jerry’s confession –– there was no evidence to charge Jerry, let alone convict him of murder.  He never should have been arrested, let alone spend over 10,0000 days imprisoned. 

Lawsuit Details

The lawsuit was filed July 28, 2025, in the United States District Court for the Northern District of Illinois, Eastern Division. The complaint seeks a trial by jury.

Mr. Herrington is represented by Founding Partner Antonio M. Romanucci and Attorney Patrick J.  Driscoll of Romanucci & Blandin, LLC in Chicago; Partner Brian Eldridge, Partner Carter Grant, Partner John Marrese, and Attorney Paige Smith of Hart McLaughlin & Eldridge, LLC in Chicago.

Defendants include: CITY OF CHICAGO, a municipal corporation, MATTHEW BRANDON, JAMES McKNIGHT, EDWARD WINSTEAD, DOLORES MYLES, Special Representative To Be Determined for JAMES R. RILEY, Deceased, Special Representative To Be Determined for JEROME C. DOROBA, Deceased, THOMAS F. KELLY, JAMES E. WARD, WILLIAM TOFFENETTI, and COOK COUNTY.

The counts in the complaint include:

• COUNT 1 - 42 U.S.C. § 1983 Fabrication of Evidence Through Witness Coercion and Manipulation
• COUNT 2 - 42 U.S.C. § 1983 Fabrication of Evidence Through False Reporting
• COUNT 3 - 42 U.S.C. § 1983 Brady Violations
• COUNT 4 - 42 U.S.C. § 1983 Unlawful Arrest and Detention
• COUNT 5 - 42 U.S.C. § 1983 Conspiracy to Violate Constitutional Rights
• COUNT 6 - 42 U.S.C. §§ 1983, 1986 Failure to Intervene
• COUNT 7 - 42 U.S.C. § 1983 Malicious Prosecution
• COUNT 8 - 42 U.S.C. § 1983 Monell Claim
• COUNT 9 - State Law Malicious Prosecution
• COUNT 10 - Intentional Infliction of Emotional Distress
• COUNT 11 - Willful and Wanton Conduct
• COUNT 12 - Civil Conspiracy
• COUNT 13 - Respondeat Superior
• COUNT 14 - Indemnification

“Chicago Police Department, as an institution, condoned, enabled, and rewarded its detectives and officers to manipulate witnesses, falsify and fabricate evidence, physically abuse suspects, make up confessions, commit Brady violations, and engage in other unconstitutional conduct. This was a baseless arrest, malicious prosecution, and wrongful conviction. Without the malicious and unconstitutional conduct of the Defendants, Jerry Herrington would never have been ripped away from his family and friends and forced to suffer through the unimaginable horror of spending almost 30 years in prison as an innocent man; he would have never have had his life, liberty, and tremendous potential taken from him; and he would never have the scars, the pain, and the trauma that that resulted from him being wrongfully accused, incarcerated, and convicted of murder,” said Founding Partner Antonio M. Romanucci of Romanucci & Blandin.

“Jerry had nothing to do with Vera Brown’s murder; he was not there when it occurred, and he knew nothing about it. Sadly, his case has virtually every hallmark you see in wrongful conviction cases. The defendants manipulated and coerced a witness, they falsified reports, they physically abused Jerry while he was in custody, and they fabricated a confession. Through it all, Jerry has always maintained his innocence and always maintained his hope. Now, after surviving a level of torment that no innocent person deserves and persevering through circumstances that would have caused many to lose hope and give up, Jerry Herrington deserves justice and accountability,” said Partner Brian Eldridge of Hart McLaughlin & Eldridge.

“I am certainly grateful that the truth finally came out and that I have been exonerated. However, the damage that was done to me, to my life, to my relationships, and to my career opportunities can never be reversed. My hope is that this lawsuit creates not only accountability for what happened to me but also raises awareness, so other innocent people don’t have to suffer through decades of needless incarceration the way I did,” stated Plaintiff Jerry Herrington.

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About Romanucci & Blandin, LLC

Romanucci & Blandin is a Chicago-based national trial practice committed to fighting for victims of negligence, abuse and wrongful death. For 25 years, we have secured more than $1 billion in verdicts and settlements for our clients - many for millions of dollars and others record-setting awards.  Our experience ranges from mass shootings, civil rights and police misconduct to medical malpractice, sexual abuse, motor vehicle accidents or workplace injury cases involving individual or institutional negligence. Romanucci & Blandin is a valuable legal resource to individuals and groups of people who have been injured by others’ wrongdoing. Referring attorneys and clients say several factors differentiate our firm: Our record of success, depth of experience, talented and dedicated legal team, tireless preparation and strategic use of communications to fight for the rights of those whose lives have been changed forever. We are different from other personal injury firms in that our work does not stop when a verdict or settlement is secured.  We are often inspired by our clients’ experiences and commit resources to create change in our communities. For more information about Romanucci & Blandin, please visit www.rblaw.net or call (312) 458-1000.

About Hart McLaughlin & Eldridge

Hart McLaughlin & Eldridge, LLC (“HME”) is a firm of trial lawyers specializing in civil rights, mass tort, and class action cases. The attorneys at HME practice on a nationwide basis in both federal and state courts and are actively involved in some of the largest and most significant cases in the country. HME attorneys are invested in the fight for justice and consistently take on cases to advance civil justice and equal rights. HME prides itself on winning complex cases, fiercely advocating for its clients, and being a driving force behind civic and social change in Chicago and throughout the country. HME’s civil rights practice includes cases involving wrongful convictions, wrongful shootings, police brutality, and unconstitutional policing.  HME has also successfully challenged police policies through civil rights and class action cases in both Illinois and elsewhere. For more information about Hart McLaughlin & Eldridge, please visit www.hmelegal.com or call (312) 955-0545.