A Skokie police officer and SWAT member has sued a company that provides pepper spray and other tactical gear to police departments, accusing them of running a pepper spray training exercise that left his eyes burned badly enough to require multiple surgeries.
Plaintiff David Badagliacco filed a complaint in Cook County Circuit Court against Safariland LLC.
Safariland, based in Jacksonville, Fla., is one of the largest makers and distributors of gear for law enforcement agencies. In addition to military gear, Safariland supplies police agencies with body armor, firearm holsters, uniforms, communications equipment and other protective and tactical equipment, including pepper spray projectors.
According to the complaint, the Village of Skokie Police Department hired Safariland to conduct training exercises for its officers. In April 2019, Badagliacco said he was among a group of about 25 officers to participate in a four-day “’Less Lethal’ Instructor Training Course, organized and operated by Safariland. As part of that program, participants would “receive instruction as to how to use and instruct other officers on the use of pepper spray.”
To complete the course, participating officers were required to be sprayed with pepper spray and then run an obstacle course. At the end of the obstacle course, program managers would provide them with water to flush their eyes of pepper spray.
However, according to the complaint, at this particular course, program managers allegedly provided “only … a garden hose” to use to flush officers’ face and eyes, and “only allowed one minute” per officer to flush.
According to the complaint, Badagliacco received insufficient time to flush his eyes, and suffered severe damage to his corneas. The injuries required multiple surgeries to repair, the complaint said.
According to the complaint, Safariland allegedly “failed to properly train or qualify” program managers “relating to safe practices and procedures for” flushing pepper spray. According to the complaint, officers should receive 15 minutes to flush their eyes with clean potable water.
Further, the complaint alleges Safariland allegedly “failed to appreciate the exposure to pepper spray was not required for police officers to understand its intended use/effects.”
The complaint includes a count each of negligence and willful and wanton behavior against Safariland. The suit asks the court to award unspecified damages.
The complaint was filed on March 31.
Safariland removed the case to Chicago federal court on May 5.
According to Cook County court records, Badagliacco’s complaint marks the first such personal injury lawsuit filed by a police officer in Cook County against Safariland over its pepper spray training.
Badagliacco is represented in the action by attorneys Patrick J. Blum and Charles A. Terry, of the firm of Anesi Ozmon Rodin Novak & Kohen, of Chicago.
Safariland is defended by attorneys Charles R. Vogt, John W. Patton Jr. and David F. Ryan, of the firm of Patton & Ryan, of Chicago.