Plaintiff:
Sylvester Webber
Incident date:
10/25/2009
Location:
7100 S. Western Ave.
Allegations:
Webber was in the drive-through of a taco stand near West 71st Street and Western Avenue when a squad car pulled in and blocked the lane. Officers Flagg and Falardeau stepped out and approached Webber's car. One of the officers ordered Webber and his companion to step out of the car and asked them if they had any guns or drugs. Webber replied that they did not. One officer proceeded to search his car without permission; the other searched Webber and his companion, taking Webber's keys and wallet. No guns or drugs were found. One of the officers said, “You sure got nothing." Webber responded, “I make a good living. I make $40 an hour—more than you.” This remark angered one of the officers, who grabbed Webber, pushed him to the ground, placed his knee on Webber's shoulder and pinned him to the ground. The officer then grabbed Webber by the hair and smashed his face into the ground several times, bloodying his forehead and lip. “You shouldn't get so smart,” one of the officers said. “I was just going to give you some tickets, but now I'm going to take you to jail.” The officers arrested Webber, handcuffed him and placed him in the back of the squad car. At the station, an officer offered Webber a band-aid for his injures, but refused to take him to the hospital for treatment. Webber was charged with several traffic offenses and for resisting a peace officer. He was held in the station lockup for 10 hours before being released. The charges were later dismissed.