Settling for Misconduct
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Case 09-CV-1958

$125,680

EXTENDED DETENTION

Home invasion On duty Plainclothes Elderly Bribery Damage to property Destroy/conceal/fabricate evidence Strip search Threats/intimidation False arrest or report Gun Extended detention Drug charges

Plaintiff: Anna L. McCadd

Incident date: 01/24/2009

Location: 9429 S. Loomis St.

Allegations:

Harold McCadd Jr., 61, left home to get his mother, Anna McCadd, 91, a soda. At the store he saw a friend, who gave him a ride home. As Harold McCadd approached his front door, Officer Lacko, who was in plainclothes, ran up to him, pointed a gun at him and yelled, “Drop it.” Harold McCadd asked, “What, the pop?” before dropping the can of soda. Lacko pushed Harold McCadd down in the snow and asked where the drugs were before searching him. Lacko handcuffed Harold McCadd and spoke into a walkie-talkie to other officers, who had pulled over the friend and unsuccessfully searched his car for drugs. Other officers arrived, and one grabbed the key ring hanging from Harold McCadd's belt and entered his home. They searched the McCadds' home and strip-searching Harold McCadd in his bedroom. When they failed to find drugs, they threatened to return with dogs. Less than one month later, Anna McCadd, Harold McCadd and a few friends were at home when 10 police officers kicked in their front door and charged at Anna McCadd with guns drawn. They gave Anna McCadd a search warrant for the home, which stated that Harold McCadd was a gang member and heroin dealer. The officers handcuffed Harold McCadd and his friends and searched the house, destroying the basement furnace and damaging the water heater. Finding no drugs, the officers brought in dogs. When Anna McCadd heard the officers talking about how they hadn't found any drugs, she asked them to uncuff her son. The officers said they were arresting him, and she asked on what charges. Sergeant Murphy replied, “We'll figure that out when we get to the station.” The officers took Harold McCadd to a police station and held him for two days. At his bond hearing, he learned he was being charged with heroin possession. Officer O'Toole had removed a container of talcum powder from Anna McCadd's bedroom; the officers claimed it was heroin. Harold spent two weeks in jail until his family could bail him out. At his next court appearance, the charge was dropped.

Additional plaintiffs:
  • Harold McCadd, Jr.

WILLIAM MURPHY

POLICE OFFICER

22154
$286,680 total payments

ELIAS LACKO

POLICE OFFICER

25977
$230,284 total payments

DANIEL O TOOLE

SERGEANT OF POLICE

24964
$159,680 total payments