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COOK COUNTY RECORD

Thursday, September 12, 2024

Chicago Police Officer Accused of Excessive Force in Lawsuit Filed by Local Resident

Federal Court
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A recent court filing alleges serious misconduct by a Chicago police officer, bringing to light issues of excessive force and racial profiling. On June 19, 2024, Jerome Fears filed a complaint in the United States District Court for the Northern District of Illinois against Officer Elias Agredano and the City of Chicago.

According to the complaint, on June 11, 2023, Jerome Fears was standing outside a McDonald's on the South Side of Chicago when Officer Agredano approached him without any lawful basis. Despite not being under arrest or violating any laws, Fears ran from Agredano due to his past negative experiences with police officers. The complaint highlights that this reaction is consistent with what the Illinois Appellate Court has described as "the well-documented, reasonable, and noncriminal impulse to avoid interactions with police."

The situation escalated when Officer Agredano chased Fears and threatened to use a taser. Despite not observing any weapon or behavior that would justify such force, Agredano fired his taser at Fears, causing him to fall uncontrollably and suffer personal injuries. Following this incident, Fears was handcuffed and subjected to a full custodial arrest. In his official report, Agredano falsely claimed that he believed Fears had a weapon because he allegedly reached into his waistband while running—an assertion that Fears denies.

The charges against Fears were dismissed by the prosecutor on August 3, 2023. However, during his time in custody from July 11 to July 12, 2023, Fears was deprived of his Fourth Amendment rights. Additionally, the complaint includes a state law claim for battery against the City of Chicago based on Agredano's willful and wanton conduct.

Fears is seeking compensatory and punitive damages against Officer Agredano and compensatory damages against the City of Chicago. He also requests that fees and costs be taxed against all defendants.

Representing Jerome Fears are attorneys Joel A. Flaxman and Kenneth N. Flaxman from their law firm located at 200 S Michigan Ave Ste 201 in Chicago. The case is presided over by an unnamed judge under Case ID No. 24-cv-5101.

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