Settling for Misconduct
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Case 13-CV-2002

$5,000

ILLEGAL SEARCH/SEIZURE

Traffic stop Excessive force Illegal search/seizure Physical force

Plaintiff: Jwaun Thomas

Incident date: 03/22/2012

Location: 360 E. 75th St.

Allegations:

Thomas was a passenger in his brother's vehicle near 75th and Martin Luther King Drive when Officers Garcia and Garza pulled them over alleging that Thomas' brother was using his phone while driving. Officers asked Thomas for his identification, which they ran through the police department's computer system. The system incorrectly identified Thomas as Jerry L. Thomas, who had a warrant out for his arrest in Winnebago County from the Rockford Police Department. Officers Garcia and Garza then searched Thomas, slammed him against the hood of the car, twisted his arms behind his back and handcuffed him before taking him to the 3rd District where his his property was inventoried. Next Thomas was sent to Cook County Jail, where he spent nine days waiting to be transferred to Winnebago County. The entire time he was in custody he kept saying he wasn't Jerry L. Thomas, but no one listened to him. It wasn't until the transfer to Winnebago County that officers realized they had mistaken Thomas for Jerry L. Thomas because the two men shared the same last name, birthday and were both African-American. The injuries Thomas sustained while he was in custody required medical attention.

REBECCA GARCIA

POLICE OFFICER

25450
$10,000 total payments

MICHAEL GARZA

POLICE OFFICER

26347
$1,057,719 total payments