Aurora PD faces excessive force lawsuit

Less than four months after a DuPage County jury acquitted him of a scuffle with Aurora police in which he was repeatedly zapped with a stun gun, a man filed a federal lawsuit alleging excessive force.

Kurt Kopek is suing police for his Sept. 2, 2008 arrest that occurred two blocks from his Aurora doorstep in front of a local park frequented by neighbors and children. Beside excessive force, the three Aurora police officers named in the lawsuit are accused of unlawful detention, false arrest, battery and conspiracy.

The melee began after Kopek said he learned from a neighbor that police arrested his wife in a traffic stop. Kopek said he walked to the Clearwood Park, where his handcuffed wife was seated in the back of a police squad as officers searched the couple's 2002 Dodge Intrepid.

Kopek said he twice asked the officers for information and, when he began walking away as instructed, two of them began punching and zapping him with a Taser, even after they had secured his handcuffs.

Kopek said he sought emergency medical treatment several hours later after posting $100 bail. He said his injuries included a dislocated knee, facial bruising and swelling, a sprained neck muscle, and wounds related to the Taser.

Prosecutors denied felony charges, but police arrested Kopek on four misdemeanors alleging he committed battery and resisted and obstructed officers. More than 20 months later, a six-member jury acquitted Kopek of all charges in a May 13 verdict.

DuPage Associate Judge Ronald Sutter presided. Another judge agreed Wednesday to expunge Kopek's record and seal the official court record.

Kopek's attorneys, Loevy & Loevy, filed the lawsuit Sept. 3.

"To tell you the truth, I don't remember much. It just happened so fast," the 34-year-old man said Friday. "I started to walk away and suddenly I was being Tasered. There was never any proof that I did anything wrong. I did not get physical."

Aurora officials declined to comment. But in a police report, the lead arresting officer stated Kopek was physically combative and resisted arrest. He denied Kopek's claim that a Taser was used after the defendant was handcuffed.

"Upon seeing that he still was trying to strike me, I struck (Kopek) in the face four times with my closed right fist as I told him to stop resisting. After the fourth strike, I managed to grab (Kopek's) left arm and he was rolled onto his stomach," according to the police report.

The officer said he used the Taser again on Kopek's lower back after he refused commands to put his arms behind his back. A third Aurora officer then was able to handcuff him, the police report states.

One officer suffered a cut thumb; a second officer complained of a cut to his right forefinger and soreness to the right side of his jaw. Police said in their report that Kopek did not complain of physical injury and wasn't treated my paramedics.

His attorney, Roshna Bala Keen, said Kopek was denied medical treatment. She said there is no evidence Kopek engaged in any illegal behavior.

"This was a totally unprovoked and unexpected attack," she said. "We want people to know this happened so it doesn't happen to anyone else."

In-squad cameras did not capture the scuffle, but the attorney said Kopek is seen on video walking away as one of the officers pulls out a Taser.