Plaintiff:
Dagoberto Favila
Incident date:
09/24/2008
Location:
2912 N. Springfield Ave.
Allegations:
Estevane and Favila were in their first and second-floor apartments in the Avondale neighborhood when Favila, who was on the porch, saw several vehicles pull up to the front of the building. Several plainclothes officers quickly got out of the cars. Fearing gang members, and not knowing the men were police officers, Favila took the keys out of his pocket and attempted to unlock the door leading to his second-floor apartment. One of the officers yelled for him to put his hands in the air; Favila complied. An officer approached Favila and punched him in the face, knocking him to the ground and fracturing his nose. While Favila was bleeding on the ground, other officers struck him in the ribs and stomach. At the same time, officers entered Estevane's first-floor apartment. Estevane quickly took her cellphone and called 911. One of the officers grabbed her phone and threw it. She was ordered to get on her knees, and her hands were handcuffed behind her back. Officers searched her home. She asked Sgt. DeJesus, who had broken down her front door, for a search warrant. He never showed Estevane a copy of the warrant, even after leaving the house. In fact, no search warrant was issued for the address. After the handcuffs were removed from her wrists, Estevane found Favila lying on the ground bleeding from the face. Favila received emergency medical treatment and underwent surgery.