Strip searchThreats/intimidationExcessive forceFalse arrest or reportPhysical forceNightstickResisting or obstructing arrest charges
Plaintiff:
Esteban Montaño
Incident date:
09/14/1997
Location:
2458 S. Whipple Ave.
Allegations:
Montaño and others were peacefully celebrating Mexican Independence Day at the home of neighbors when a squad car stopped down the street at 25th and Whipple. Officers Atilano and LaFrancis were in the squad car and had stopped because they thought someone had called LaFrancis a “white whore” in Spanish. The officers ordered Montaño and four other men to put their hands on the squad car, which the men did. Officer Atilano, who thought Montaño was the person who had insulted LaFrancis, hit Montaño in the groin, called him “motherf****r,” and hit him in the back with a flashlight. Officer Toolis hit Montano in the neck and face with a flashlight and choked him. LaFrancis also grabbed Montaño by the hair. Much of the attack was captured on videotape. The other men were also hit and injured by various officers. At the police station, Officer Lopez hit Montaño in the face and hit and kicked him, and the other men were strip-searched. They were charged with disorderly conduct, and some of them were charged with resisting arrest and drinking in the public way. The charges were later dismissed.