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Illinois Man Awarded $750,000 for 15 Days Wrongful Imprisonment
On November 25, 2003, a federal jury in Chicago, Illinois, awarded $750,000
to a man who was wrongfully imprisoned for 15 days in the Cook County Jail.
Emillano Hernandez was pulled over on June 19, 1999, for allegedly failing
to make a complete stop at a stop sign. The cops asked him if he was
Enrique Hernandez--for whom there was an outstanding warrant for driving
under the influence--and he said he was not. Nevertheless, Hernandez was
arrested for failing to make a complete stop and for driving with a
suspended license. Although both of these charges were dropped when
Hernandez appeared at his arraignment in traffic court, he was held without
bail on the DUI under the name Enrique Hernandez. He remained in jail for
15 days before he was finally released and the charges dismissed.
Hernandez sued the Cook County Sheriff and the Sheriff's Department under
42 U.S.C. § 1983 claiming he was arrested without probable cause and
wrongfully detained. He further claimed the false imprisonment altered his
personality and led to post traumatic stress disorder, which includes
nightmares, insomnia, and anxiety; that he is now afraid of sirens and has
difficulty sleeping because a prisoner threatened to kill him for snoring
while he was imprisoned; and that the ordeal has caused him to withdraw
from family and friends.
A jury in the U.S. District Court for the Northern District of Illinois
found the defendants liable and awarded Hernandez $750,000 in damages.
Hernandez was represented by Joseph Longo of Mount Prospect, Illinois. See:
Hernandez v. Sheahan, USDC ND IL, Case No. 99C-6441.
Source: VerdictSearch Illinois Reporter
to a man who was wrongfully imprisoned for 15 days in the Cook County Jail.
Emillano Hernandez was pulled over on June 19, 1999, for allegedly failing
to make a complete stop at a stop sign. The cops asked him if he was
Enrique Hernandez--for whom there was an outstanding warrant for driving
under the influence--and he said he was not. Nevertheless, Hernandez was
arrested for failing to make a complete stop and for driving with a
suspended license. Although both of these charges were dropped when
Hernandez appeared at his arraignment in traffic court, he was held without
bail on the DUI under the name Enrique Hernandez. He remained in jail for
15 days before he was finally released and the charges dismissed.
Hernandez sued the Cook County Sheriff and the Sheriff's Department under
42 U.S.C. § 1983 claiming he was arrested without probable cause and
wrongfully detained. He further claimed the false imprisonment altered his
personality and led to post traumatic stress disorder, which includes
nightmares, insomnia, and anxiety; that he is now afraid of sirens and has
difficulty sleeping because a prisoner threatened to kill him for snoring
while he was imprisoned; and that the ordeal has caused him to withdraw
from family and friends.
A jury in the U.S. District Court for the Northern District of Illinois
found the defendants liable and awarded Hernandez $750,000 in damages.
Hernandez was represented by Joseph Longo of Mount Prospect, Illinois. See:
Hernandez v. Sheahan, USDC ND IL, Case No. 99C-6441.
Source: VerdictSearch Illinois Reporter
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Related legal case
Hernandez v. Sheahan
| Year | 2002 |
|---|---|
| Cite | USDC ND IL, Case No. 99C-6441 |
| Level | District Court |
| Conclusion | Jury Verdict |
| Attorney Fees | 0 |
| Damages | 750000 |
| Injunction Status | N/A |