McHenry County Settles a Case against the Sheriff’s Department
Another case against the McHenry County Sheriff’s Department which was before Rockford Judge Frederick Kapala has come to my attention.
It was filed by Harvard resident Edward Bustos, “born in Mexico but came to the United States legally and is a United States citizen who served in the United States Military,” against Sheriff Keith Nygren and Deputies Neil Pagett, Jason Grochowski and Scott Loyd.
This is how one of Bustos’ attorney Lawrence V. Jackowiak lays out the case on August 3, 2010:
“On or about November 9, 2008, at approximately 7:30 p.m., Plaintiff was stopped by McHenry County Sheriff’s Deputy Falb for an alleged headlight violation.
“Unbeknownst to Plaintiff, his Texas driver’s license was revoked because of speeding tickets he received in Illinois.
“Plaintiff had a Texas driver’s license because that is where he lived after he was honorably discharged from the armed forces of the United States.
“Because his license was revoked, Plaintiff was arrested.
“Deputy Falb told Plaintiff that he would be processed at the McHenry County Jail for the revoked license and would be released within an hour.
“Plaintiff’s wife, who was in the car with Plaintiff, was allowed to drive the car home.
“Deputy Falb transported Plaintiff to the McHenry County Jail.
“At approximately 8:00 p.m., Plaintiff was received by Defendants PAGETT, GROCHOWSKI and LOYD.
“During the booking process, Plaintiff was asked questions about his immigration status.
“Plaintiff explained that he was born in Mexico but was a United States citizen.
“For that reason, Plaintiff was not released. Defendant-Officers PAGETT, GROCHOWSKI, LOYD held Plaintiff based on their false, unreasonable and baseless belief that Plaintiff was an “illegal immigrant.””Plaintiff had the $100.00 required to bond out for the traffic tickets, but Defendant-Officers PAGETT, GROCHOWSKI, LOYD would not allow Plaintiff to bond out or be released.
“Defendant-Officers PAGETT, GROCHOWSKI, LOYD acted willfully and wantonly, maliciously, and with a conscious disregard and deliberate indifference to Plaintiff’s rights.The paperwork dismissing Edward Bustos' case against the Sheriff's Department on October 20, 2011. Click to enlarge.
“As a direct and proximate result of the acts described above, Plaintiff suffered damages including loss of physical liberty, emotional distress and pecuniary damages including lost wages.”
The false arrest count points out, “The arrest of Plaintiff without any legal justification or probable cause violated his Fourth Amendment right, as guaranteed by the Fourteenth Amendment, to be free from
unreasonable seizures.”
The “Egregious Abuse of Power” count says, “Defendant-Officers PAGETT, GROCHOWSKI, LOYD arrested Plaintiff based on their false, unreasonable and baseless belief that Plaintiff was an ‘illegal immigrant.’”
The “Monell Claim against KEITH NYGREN” says, “At all relevant times, the McHenry County Sheriff had a police [policy?] of detaining persons for immigration reason who they thought were not United States citizens and/or were not born in the United States.”
This May, 2010, case, was settled in October, 2011.
What makes me think it has been resolved?
First the Federal Court record says so.
Plus the following $15,000 check was made out the Bustos and the law firm of Meyer & Kiss.
$15,000 check written to Edward Bustos, plus the law firm of Meyer & Kiss dated October 4, 2011.
The check was cut a year and five months after the case was civil rights filed in Federal Court.
Neither the McHenry County State’s Attorney’s Office nor the law firm of Meyer 7 Kiss would provide further details.
