Cook County Record

Friday, September 20, 2019

Chicago police officer cleared of sexual assault sues CPD, alleges charges were malicious

By Dan Harkins | May 12, 2015

A Chicago Police officer who was cleared of sexual assault charges has sued police officers and the Chicago Police Department, alleging malicious prosecution.

Juan Belmontes filed a lawsuit May 4 in Cook County Circuit Court against the Chicago Police Department and employees Lisa Wallace, Lt. Eve Gushes and detective Constance Besteda, alleging malicious prosecution.

According to the complaint, the alleged assault occurred late April 16, 2013, and early April 17, 2013, when Wallace, a sergeant on the force, falsely accused Belmontes, a Chicago police officer, of sexual abuse. Wallace, the lawsuit states, "then traveled to a Chicago police station outside her geographic district in order to enlist the aide of officers that Wallace was acquainted with to further her false allegations."  Wallace filed charges against Belmontes, who was incarcerated.

But after a judicial review of the charges, the suit says, Belmontes was cleared.

"Probable cause for the proceeding was absent," the lawsuit states, and "defendants operated with malice."

Belmontes seeks relief the court deems "equitable, necessary and just." He is represented by attorney Rafael Albarran, of Chicago.

Cook County Circuit Court Case No.: 15-L-4581.

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