Without waiting for a scheduled hearing on an ex-wife’s standing as a special representative for her late husband in a wrongful death lawsuit, a federal judge ruled on his own that she needed to file in state court.

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

Moriarty’s ex-wife, Kathryn Moriarty, filed a wrongful death lawsuit April 25, 2025, against Sheriff Ron Hain and Deputy Michael Widlarz in U.S. District Court for the Northern District of Illinois. She seeks a jury trial and unspecified damages, records show.

In August, attorneys argued over whether Moriarty had legal standing as a special representative of her late ex-husband’s minor child in federal court.

Federal Judge Jorge Alonso ruled on his own Oct. 7 to deny the motion for her to be appointed as a special representative – but without prejudice – so she could file in state court.

Alsonso cited case law in his ruling, saying that “A federal court lacks the authority to appoint a special administrator.”

Alsonso’s decision also put the wrongful death lawsuit on hold – pending receipt of a state court order appointing his ex-wife as special representative for James Moriarty’s estate.

Alonso ordered the attorneys to file a joint status report on the progress of the state court action.

As of Oct. 27, Kathryn Moriarty had not filed anything in Kane County to be appointed a special representative of her late ex-husband’s estate.

In court papers, her attorney Peter Sadelski argued that the defendants’ opposition to her being appointed as a representative of her ex-husband’s estate “is nothing more than an attempt to muddy the waters.”

“Plaintiff’s request is straightforward: appoint Kathryn Moriarty, the mother of James Moriarty’s only heir ... (a minor), as special representative of James Moriarty’s estate,” according to Sadelski’s filing.

Attorneys Michael Bersani for Widlarz and Jeffrey Given for Hain argued in court papers the opposite. They said in the filings that state law does require “certain steps before appointing a special representative to prosecute a lawsuit, and it is not clear whether Plaintiff has met those requirements.”

Kathryn Moriarty’s wrongful death lawsuit alleges that Hain and Widlarz violated James Moriarty’s Fourth Amendment rights through excessive force; also under the Fourth and/or 14th Amendment, denied his right for due process and liberty; and wrongful death under state law which required him to be arrested “using no greater force than necessary.”

The lawsuit alleges that, “James Moriarty was alive, unarmed, continued to be bitten by the police dog, posed no threat to anyone, and was subdued” when Widlarz shot him 13 times without legal justification.

At a news conference following the incident, Hain said when the pursuit ended, the man got out of the car and “presented a handgun at the same time one of our police K-9s was deployed and bit the offender and was in an active struggle with him.”

Hain said deputies returned fire when the suspect displayed the handgun, killing the suspect. K-9 Hudson died “in the exchange of gunfire.”

Kane County State’s Attorney Jamie Mosser and Hain announced the results of their investigation April 11, 2025, finding that the deputies – Widlarz, Eric Gustafson and Alan Garcia – were justified when they shot and killed James Moriarty.

In a text message, Hain dismissed the lawsuit 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,” Hain said. “Our deputies performed exactly how they were trained and should not be second-guessed in this manner while preserving safety in Kane County.”