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Plaintiff alleges civil rights violations by Chicago police in wrongful arrest case

COOK COUNTY RECORD

Friday, January 31, 2025

Plaintiff alleges civil rights violations by Chicago police in wrongful arrest case

Federal Court
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U.S. District Court for the Northern District of Illinois | Official website

A Chicago resident has filed a federal lawsuit alleging civil rights violations by local police officers and a state attorney. On January 24, 2025, Rashad Richardson filed a complaint in the United States District Court for the Northern District of Illinois against three Chicago police officers—Mario Fuentes, Nic Tohatan, and Brandon Renault—and Cook County State’s Attorney Eileen O’Neill Burke.

The lawsuit stems from an incident on January 25, 2024, when Richardson was approached by the officers while sitting in a parked vehicle. The officers accused him of illegal parking and questioned him about cannabis use. Despite Richardson's compliance and denial of consent to searches, Officer Tohatan allegedly claimed to smell burnt cannabis and ordered Richardson out of the car. A pat-down search followed, during which Richardson admitted to possessing a "blunt." The situation escalated when Richardson refused to provide identification; he was handcuffed after asking for the officers' names and badge numbers.

Richardson accuses the officers of conducting unreasonable searches and seizures without probable cause or consent, violating his First, Fourth, and Fourteenth Amendment rights under 42 U.S.C. § 1983. He also alleges battery and intrusion on seclusion due to unauthorized searches. Furthermore, he claims malicious prosecution as charges for unlawful possession of cannabis in a motor vehicle were dropped nolle prosequi and obstruction of identification was dismissed.

The plaintiff seeks compensatory damages totaling $200,000 from the officers collectively and $100,000 from Burke in her official capacity. Additionally, he demands punitive damages amounting to $800,000 against the officers. The lawsuit also requests coverage for legal costs and attorneys' fees under 42 U.S.C. § 1988.

Representing Rashad Richardson is attorney Mark Villalobos from Villalobos & Associates. The case is identified as Civil Docket No. 1:25-cv-00837 with Judge Eileen O’Neill Burke presiding over it.

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