Allegations:
Garay was driving and approaching a stop sign near the intersection of West Kinzie Street and North Canal Street when the driver's side mirror of Officer Gilmore's vehicle hit Garay's vehicle as the officer sped past. Garay moved his car toward the intersection of West Kinzie Street and North Kingsbury Street while Gilmore pulled his car in front of Garay. Gilmore got out of his vehicle and approached Garay's driver's side window while screaming obscenities at him. He stated that he was a police officer and flashed his badge. Upon reaching the driver's side window, the officer punched Garay in the face. Garay began to open his car door, and Gilmore ran back to his car. The officer placed his hand on his gun and turned to Garay, saying, “Jump out, jump out, see what's gonna happen!” Garay remained in his car and pulled up a short distance to the stop sign ahead. The officer got inside his vehicle, pulled next to Garay, opened his window and said, “What are you gonna do, just stand there like a little bitch?” and then sped off into oncoming traffic. Garay took down Gilmore's plate number and called 911 for assistance. Two police vehicles arrived at the scene and Gilmore parked his car behind them. Garay spoke to the officers at the scene and explained what had occurred. Even though he had not committed a crime, Garay was arrested and escorted to a police station.