Settling for Misconduct
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Case 09-CV-2803

$7,500

ILLEGAL SEARCH/SEIZURE

Traffic stop Illegal search/seizure Other charges filed

Plaintiff: Omar Carrillo

Incident date: 12/09/2008

Location: 6800 S. Damen Ave.

Allegations:

Carrillo was driving in the West Englewood neighborhood when Officers Kuc and Swiatkowski who were in a squad car curbed his vehicle and stopped him. Carrillo was driving on a ticket and did not have a driver's license. He gave Swiatkowski his ticket and his Illinois state identification card. The officers ran Carrillo's name and discovered an arrest warrant for another man. Carillo explained that he was not that person and that he had been mistakenly arrested on a warrant for the man before. A judge had already issued an order stating that Carrillo should not be arrested on the other man's warrants. Carrillo showed the officers a copy of the judge's order. Swiatkowski grabbed the order, ripped it up and ordered Carrillo to get out of the car. He was arrested and charged for various traffic violations. Despite having a different Social Security number, home address and physical characteristics from the man for whom the warrant had been issued, Carrillo was processed into the Cook County Jail. His traffic ticket violations were dismissed and during his court appearance, a judge issued a second order stating that Carrillo was not to be arrested again on the warrant.

LAURA PAGAN

POLICE OFFICER

935128462
$93,008 total payments

BRIAN SWIATKOWSKI

POLICE OFFICER

878426319
$7,500 total payments