A Joliet woman has filed a federal lawsuit alleging excessive force and false arrest by a county deputy. Angelica Hernandez filed the complaint in the United States District Court for the Northern District of Illinois on September 13, 2024, against Will County and Deputy Danny Lopez.
According to the complaint, on May 13, 2024, Hernandez went to pick up her daughter from a friend's house when Deputy Lopez arrived at the scene in response to a call from the homeowner. Hernandez claims she was in her vehicle when Lopez arrived and exited her car to speak with him. Without warning or provocation, Lopez allegedly grabbed her, threw her to the ground, and applied his body weight onto her repeatedly. "Plaintiff did not engage in any action to warrant the use of force against her by the Defendant Deputy," states the complaint.
Hernandez further alleges that Lopez arrested her without reasonable suspicion or probable cause and charged her with criminal activity despite not observing any wrongdoing. The charges were later dismissed on June 12, 2024. As a result of these actions, Hernandez claims she suffered serious injury, pain, suffering, and mental anguish.
The lawsuit includes multiple counts: excessive force under 42 U.S.C. §1983 and the Fourth Amendment; false arrest under both federal law (42 U.S.C. §1983) and state law; battery under state law; a claim under 745 ILCS 10/9-102 against Will County for indemnification; respondeat superior for holding Will County liable for Lopez's actions; and malicious prosecution under state law.
Hernandez is seeking compensatory damages for her injuries and suffering as well as punitive damages against both defendants. She also requests costs and attorneys' fees be covered by the defendants.
Representing Hernandez is attorney Blake Horwitz of The Blake Horwitz Law Firm Ltd., based in Chicago. The case has been assigned Case No. 1:24-cv-8385.