A man has filed a lawsuit alleging severe misconduct by police officers, including false arrest and malicious prosecution. Dwight Austin Jr. filed the complaint in the United States District Court for the Northern District of Illinois on June 6, 2024, naming Detective William Mason and other unnamed Village of Lansing police officers as defendants.
According to the court documents, on February 15, 2022, at approximately 5:00 am, Austin was lawfully present at an apartment located at 3037 Bernice Rd in the Village of Lansing when members of the village's Emergency Response Team executed a search warrant. Austin, who was not a target of the search warrant nor a resident of the apartment, was asleep in a bedroom when Detective Mason and his team arrived. The plaintiff alleges that Mason turned off his body camera before conducting the search, violating the Officer Worn Body Camera Act.
Austin claims that Mason falsely indicated he found weapons and ammunition in Austin's custody, leading to his unlawful detention and arrest. "In fact," states Austin in his complaint, "Plaintiff did not have any weapons and/or ammunition in his custody." Furthermore, Austin asserts that cash from his book bag was stolen after Mason took custody of it. Subsequently transported to the police station, Austin faced charges for being an armed habitual criminal and two counts of Unlawful Use Of Possession of a Weapon by a Felon.
The case took a significant turn on April 22, 2024, when all charges against Austin were dismissed in a manner consistent with his innocence. Throughout this ordeal, Austin remained in custody for an unspecified period. He argues there was no legal or probable cause for his detention or prosecution. As a result of these actions by Mason and other officers involved, Austin claims he suffered various injuries including loss of special damages, humiliation, indignities, and great mental and emotional pain.
Austin's lawsuit includes multiple counts against both individual officers and the Village of Lansing itself. The first count accuses them of wrongful detention under Section 1983 for violating his Fourth Amendment rights by detaining him without probable cause. The second count alleges malicious prosecution under Section 1983 due to falsified reports and evidence presented by the defendants. Finally, he also brings state law claims against all defendants for malicious prosecution.
In terms of relief sought from the court, Austin is asking for general damages including emotional distress; special damages; attorney’s fees pursuant to various U.S.C sections; punitive and exemplary damages against individual defendants excluding the Village; costs incurred during litigation; and any further relief deemed just by the court.
Representing Dwight Austin Jr., Ed Fox & Associates are handling this case with Edward M. Fox listed as counsel. The case is identified as Case No.: 24-cv-4692.