Lawsuit over man’s shooting death by Kane County deputies on hold as ex-wife’s standing determined

A dispute over an ex-wife’s standing in a wrongful death lawsuit involving her late ex-husband has to be resolved before the case moves forward, a federal judge has ruled.

The case regards carjacking suspect James Moriarty, 38, whom Kane County deputies shot to death on May 24, 2023, on Randall Road in Batavia.

Moriarty’s ex-wife, Kathryn Moriarty, filed a wrongful death lawsuit April 25 against Sheriff Ron Hain and Deputy Michael Widlarz in U.S. District Court for the Northern District, seeking a jury trial and unspecified damages.

The lawsuit alleges that James Moriarty’s rights were violated through excessive force, that he was denied his right to due process and liberty; and that his death was wrongful under state law that required him to be arrested “using no greater force than necessary.”

An investigation resulted in a finding that the shooting was justified and no charges would be filed against the deputies involved.

Attorneys for Hain and Widlarz filed court papers seeking to dismiss the charges, for which a hearing was set for Aug. 14.

But before those issues could be resolved, the attorneys disputed whether Kathryn Moriarty could be appointed as a special representative and guardian of a minor child identified by the initials A.M.

“There should have been a verified affidavit,” attorney Caitlyn DeRose, who represents Widlarz, said. “Also, we’re concerned that it should be brought to probate court instead. If the appointment is confirmed, and if the court grants this, then we would ask that Kathryn Moriarty is required to notify the heirs and legatees.”

DeRose said because the couple had been divorced for several years, there may be heirs and legatees – that is, others entitled to inherit – that Kathryn Moriarty is unaware of.

Attorney Jeffrey Given, representing Hain, said someone else other than Kathryn Moriarty should be appointed to represent the minor child’s interest. Given agreed with DeRose that should be in state probate court, not federal court.

“Probate court has experience in these complicated probate matters ... especially with the appointment of a guardian as well,” Given said.

Attorney Peter Sadelski, representing Kathryn Moriarty, disputed both Given’s and DeRose’s positions.

“I think they are looking for reasons not to have a special representative,” Sadelski said. “A declaration is appropriate in this circumstance and plaintiff did file a declaration. ... This court does have authority to appoint someone special representative.”

Federal Judge Jorge Alonso said the special representative issues need to be resolved before the case can continue and set Oct. 16 for the next hearing.

“I’m going to deny pending motions to dismiss without prejudice to reinstatement after the special representative has been resolved,” Alonso said.

According to the lawsuit and official accounts, Moriarty was shot and killed after a police pursuit that ended when authorities forced him to stop and he then wielded what the suit said was a replica firearm. A police dog bit Moriaty; the K9 was also killed during the incident.