A recent court filing has brought to light serious allegations against members of the Chicago Police Department. On August 2, 2024, Nathaniel Rosario filed a complaint in the United States District Court for the Northern District of Indiana, Hammond Division, accusing Officer Kristen Sweeney and six unidentified officers (John Doe 1-6) of false arrest and unlawful search.
According to the complaint, Rosario was driving near the 3800 Block of West Fullerton in Chicago on April 16, 2024, when he was pulled over by the defendant officers for an alleged minor traffic violation. Rosario claims that he was not committing any crime or breaking any laws at the time. The plaintiff asserts that the stop was pretextual and that the officers began interrogating him about unrelated matters such as whether he had a gun or a Firearm Owner's Identification (FOID) card. When Rosario refused to answer questions unrelated to his traffic stop, license, and insurance, he was ordered out of his vehicle, handcuffed, patted down, and searched.
The complaint details how Rosario was detained in a squad car for approximately an hour without any probable cause or reasonable suspicion of criminal activity. "There were no facts to support any probable cause," states the complaint. The actions taken by the defendants are described as intentional, willful, and wanton violations of Rosario's Fourth Amendment rights under 42 U.S.C. §1983.
Rosario is seeking compensatory damages for fear, anxiety, emotional distress, and monetary losses incurred due to this incident. He also seeks punitive damages against Officers Sweeney and John Doe 1-6 individually. Additionally, Rosario is requesting attorneys' fees and costs associated with bringing this lawsuit.
The second count of the complaint focuses on an unlawful search claim. It reiterates that during Rosario's seizure by the police officers, his vehicle was searched without probable cause or a warrant. This action further violated his Fourth Amendment rights under 42 U.S.C. §1983.
The third count involves an indemnification claim against the City of Chicago. According to Illinois law, public entities are required to pay any tort judgment for compensatory damages for which their employees are liable within their scope of employment activities. Since Officers Sweeney and John Doe 1-6 were acting within their scope of employment with the City of Chicago during this incident, Rosario argues that if they are found liable for their actions, then the City should be responsible for paying any resulting judgment.
Representing Nathaniel Rosario is attorney Gregory E. Kulis from Gregory E. Kulis & Associates Ltd., based in Chicago. The case has been assigned Case No: 1:24-cv-07792.