An appeals panel has ruled a Palatine police officer had grounds to arrest a Chicago man for intoxicated driving, even though he had suffered a seizure behind the wheel, because the man had exhibited hallmark signs of drunken driving.
The Dec. 29 ruling was written by Circuit Judge Diane Sykes, with agreement from judges Michael Scudder and Thomas Kirsch, of the U.S. Court of Appeals for the Seventh Circuit, which sits in Chicago. The ruling went against Chase M. Braun in his 2018 action against the village of Palatine and Palatine Police Officer Michael Licari.
Braun regularly worked nights and had a history of seizures and other medical ailments. Around midnight on Sept. 12, 2017, court records said Braun was feeling ill and driving through Palatine when he blacked out from a seizure and hit a utility pole. Licari, who was the first of several officers to respond, reported Braun slurred, had bloodshot and glassy eyes, and had difficulty finding his balance. Licari also said Braun told him he lived in "Chicago-Miami" and "was not in an accident."
Braun was arrested after he struggled with sobriety tests, court documents said. At the police station, Braun passed a Breathalyzer test. Licari then took Braun to a hospital to draw blood and urine. Back at the station, Braun was booked on a drunken driving charge and released, but suffered a seizure before leaving and was rushed to the hospital, according to court papers. However, Braun never told Licari a seizure had caused the crash, police said.
Braun was charged with driving under the influence of alcohol, but the blood and urine test results came back a few months later, showing no alcohol or drugs, except for a legal prescription drug. The charge was dropped.
Braun sued, making a number of allegations that included he was falsely arrested and police failed to provide medical care.
District Judge Robert Gettleman threw out the case, saying Licari had probable cause for the arrest and had no reason to know a seizure was behind the crash.
On appeal, Judge Sykes agreed with Gettleman.
"Braun’s behavior and the circumstances of his accident easily provided probable cause," Sykes observed.
Sykes pointed out the Breathalyzer result did not "negate the clear indications of intoxication" and probable cause remained to suspect drugs or another substance was responsible for Braun's condition.
As far as medical aid, Sykes noted Braun did not wear a medical bracelet and Licari asked Braun if he needed medical help, with Braun replying, "No" and he was "fine." In addition, Sykes said Braun's "physical symptoms were limited to those suggesting intoxication" and nothing else.
Braun has been represented by George S. Spataro, of Mendoza Law, of Chicago.
Palatine and Licari have been defended by Michael E. Kujawa, of Schain, Banks, Kenny & Schwartz, of Chicago.