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Woman: Des Plaines police stun-gunned me 12 times in drive-through

A Des Plaines woman has filed a federal lawsuit alleging that police used a stun gun on her 12 times and unlawfully arrested her in a McDonald's drive-through in 2012.

Dayna Allen, now 32, is suing the city of Des Plaines, four individual police officers, and other unknown officers who responded to the McDonald's restaurant at 3067 S. Mannheim Road in the early morning hours of Nov. 23, 2012.

Allen says in the suit she was physically and verbally assaulted without "justification or provocation" and wrongfully placed into custody without receiving medical treatment for burns that came about from the stuns.

Police Chief Bill Kushner, who took the helm of the police department about two months before Allen's arrest, said Wednesday he couldn't comment on the suit, which hasn't been received by city officials.

City Manager Mike Bartholomew said it is "odd" to hear of a suit being filed two years after an arrest, "but nevertheless when we get it, we will review it and won't have too much comment other than we will defend ourselves vigorously."

A Daily Herald police blotter item from Dec. 4, 2012, reported at the time that Allen was charged with disorderly conduct and resisting arrest at 4:10 a.m. Nov. 23, 2012, after she was accused of refusing to move her car from the drive-through window. According to police reports, Allen attempted to throw food at the female clerk, refused to get out of her car when an officer told her to, struggled during the arrest and was stunned by police.

Allen's suit states she was later acquitted of all charges during a trial.

According to the suit, Allen said she handed back her food order to the clerk because the order was incorrect, but as she was doing so, the bag ripped and the drink inside spilled. Allen said she asked for her money back and waited at the drive-through window.

The four individual officers named in the suit pulled up to the McDonald's, ordered Allen out of her car and tried to open her car doors, according to the suit.

She claims three officers tried to drag her out of the car, then began to use the stun gun on her and "taunted her to keep a hold on the steering wheel during the ongoing Tasing," the suit states.

Allen said she suffered injuries to her head, neck, back, and multiple burn marks and scarring to her skin, as well as psychological trauma. She is seeking a jury trial and damages of more than $100,000.

Neither city official would talk about Allen's allegations.

Bartholomew said the suit will be referred to the city's insurance carrier, Municipal Insurance Cooperative Agency, and be defended by Ancel Glink, a law firm that represents members in that insurance pool.

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