McSwain, a black National Guard veteran, was walking with friends near Dearborn Avenue and Division Street when he heard someone shout, "Nigger, I told you to stop." McSwain turned and, seeing an officer running up with a hand on his gun, realized the words were directed at him. Fearful, McSwain tried to take shelter in the foyer of a nearby building, but one of the officers grabbed and handcuffed him. The other officer shouted more racial slurs at him and punched him in the face for “making” him run to catch McSwain. Officers Wagner and Zatora then beat McSwain, arrested him and filed charges against him. McSwain was later told that he had a fractured orbital bone that required surgery.