FOX LAWSUIT AGAINST WILL COUNTY STATE'S ATTORNEY TO GO FORWARD

Kevin Fox has been allowed to go forward with his lawsuit against former Will County State's attorney Jeff Tomczak. The lawsuit arose out of the murder of Fox's young daughter Riley. Fox sued Tomczak, as well as several other defendants, alleging that they conspired to implicate Fox in the murder. According to the complaint, the defendants came up with a story that started with Fox accidentally injuring his daughter at home. The concocted story then had Fox, in a panic that he had killed Riley, faking her kidnapping and sexual assault. Fox further alleges that the defendants scared him into confessing to the murder by suggesting that he might only face manslaughter charges. Fox was imprisoned for eight months, but ultimately freed when DNA from his daughter's body implicated an unknown party. The DNA samples the resulted in Fox being freed had inexplicably sat at an FBI lab for approximately 8 months before being tested. Tomczak had filed a motion to dismiss the case, but Federal Judge John Darrah denied the motion. Darrah did dismiss a claim against Will County Sheriff Paul Kaupas.