A Chicago resident has filed a federal lawsuit alleging false arrest, malicious prosecution, and civil rights violations by a police officer. Anthony McFadden lodged the complaint in the United States District Court for the Northern District of Illinois on August 5, 2024, against Police Officer Alf Quinones and the Village of Franklin Park.
According to the court filing, McFadden was driving home on May 9, 2023, around 2:00 a.m. near River Grove, Illinois when he was stopped by Officer Quinones. McFadden asserts that he had not violated any traffic laws or committed any crimes at the time of the stop. Despite this, Officer Quinones allegedly accused him falsely of committing a traffic violation and driving under the influence. Following these accusations, McFadden was arrested and subsequently incarcerated at both the Franklin Park Police Department and Cook County Jail.
The plaintiff's ordeal did not end there; on December 7, 2023, the Cook County State’s Attorney’s Office decided not to pursue further prosecution against McFadden due to lack of evidence supporting Officer Quinones' charges. As a result of these events, McFadden claims to have suffered emotional injuries, constitutional violations, loss of liberty, and other associated losses.
McFadden's lawsuit is structured into multiple counts. In Count I for false arrest under 42 U.S.C. §1983, he argues that Officer Quinones lacked probable cause or any legal basis for his arrest, thus violating his Fourth Amendment rights. In Count II for deprivation of liberty under the same statute, McFadden contends that Quinones' actions intentionally deprived him of his freedom with malice and reckless indifference to his rights.
Count III addresses malicious prosecution where it is alleged that Officer Quinones fabricated criminal charges against McFadden and shared these fabrications with prosecutors and the court despite knowing there was no probable cause. The fourth count focuses on equal protection violations under 42 U.S.C. §1983 where McFadden claims he was singled out for unfavorable treatment without justification based on discriminatory intent by Officer Quinones.
In addition to seeking compensatory damages for emotional distress and other losses incurred due to these alleged violations, McFadden is also pursuing punitive damages against Officer Quinones. He requests coverage for attorney’s fees as per 42 U.S.C. §1988 along with any other relief deemed just by the court.
Finally, in Count V under Illinois law concerning indemnification against Village of Franklin Park—McFadden argues that since Officer Quinones was acting within his scope of employment during these incidents—the village should be held liable for any compensatory damages awarded.
Representing Anthony McFadden in this case is attorney David S. Lipschultz from Law Offices of David S. Lipschultz Inc., located in Chicago. The case identification number is 1:24-cv-06852 but specific judges presiding over this matter have yet to be named.