Two individuals have taken action against the City of Chicago and its police officers, alleging false arrest and unlawful search. Daphne McElroy and Brayone Murff filed a complaint on November 8, 2024, in the United States District Court for the Northern District of Illinois Eastern Division against Officer Jonathan Palubitko #11179, an unnamed officer referred to as John Doe, and the City of Chicago.
The case revolves around an incident that occurred on June 5, 2024. According to the complaint, McElroy was driving with her husband and young son when they were stopped by Chicago police officers. The plaintiffs assert that there was no legitimate reason for this stop as McElroy had not committed any traffic violations. The officers allegedly claimed that her brake lights were malfunctioning—a statement McElroy disputes as untrue. The situation escalated when the officers began questioning her about drugs without any basis or probable cause. Subsequently, both McElroy and Murff were handcuffed and detained in front of their child for approximately forty-five minutes to an hour.
The plaintiffs argue that these actions constituted a violation of their Fourth Amendment rights under 42 U.S.C. §1983, which protects citizens from unreasonable searches and seizures. They describe the defendants' conduct as intentional, willful, and wanton, leading to emotional distress, embarrassment, monetary loss, and damage to their reputations.
McElroy and Murff are seeking compensatory damages for these alleged constitutional violations along with punitive damages aimed at punishing the defendants for their actions. They also request reimbursement for attorneys’ fees and costs incurred during this legal battle.
Furthermore, the complaint includes an indemnification claim against the City of Chicago. Under Illinois law, public entities are responsible for paying tort judgments related to compensatory damages arising from employees' actions within their employment scope. Therefore, if Officers Palubitko and Doe are found liable for misconduct during their official duties with the city’s police department—as alleged—the city would be required to cover any resulting financial judgments.
Representing McElroy and Murff is attorney Gregory E. Kulis from Gregory E. Kulis & Associates Ltd., based in Chicago. The case has been assigned Case ID: 1:24-cv-11555 but details regarding specific judges involved remain undisclosed at this stage.