Cook County Record

Friday, August 23, 2019

Chicago cops hit with malicious prosecution claim over security guard's arrest

By Mark Payne | Dec 16, 2014

A Chicago man who was acquitted on gun charges is suing the city and several police officers, alleging malicious prosecution and intentional infliction of emotional distress.

Terrence Milan filed a lawsuit Dec. 3 in Cook County Circuit Court against the City of Chicago and police officers Daniel Marcus, Michael Salyers, James D. Cascone, Robert W. Hartmann, Richard Aguinaga and M.J. Gallagher.

According to the complaint, Milan was driving home from his job as a licensed and armed security guard on Sept. 9, 2010, when a group of police officers with the department's mobile strike force team pulled his vehicle over.

Milan had picked up two friends before beginning his second shift, the suit states, alleging that officers then ordered all three out of the car, handcuffed them and searched plaintiff's vehicle without permission.

The complaint states Milan had a Firearm Owners Identification (FOID) card, but was driving on a suspended license. It claims the officers arrested him for unlawful use of a weapon after he was asked to open the storage compartment in the floor of his vehicle that contained his closed gun case.

Milan claims he was taken to the police station and held in custody there and at the county jail for more than 48 hours, during which time he was chained to the wall and had a gun pointed at his head.

After a 2011 bench trial, the suit states, Milan was found not guilty of the weapons charges. He contends his security guard credentials were returned, but his gun had been destroyed and his FOID card was canceled by state police.

He accuses the defendants of preparing false documents,  malicious prosecution and intentional infliction of emotional distress, including damage to his professional reputation.

According to Milan's complaint, he filed a lawsuit in 2012 in federal court over his arrest. In 2013, the suit states, Milan's federal claims were dismissed with prejudice and his state claims were dismissed without prejudice to refile in state court.

Milan is represented by Chicago attorney James Bowers.

Cook County Circuit Court case number: 2014L012559.

This is a report on a civil lawsuit filed in Cook County Circuit Court. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and represents only one side of the story.

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