Lawsuit claims Naperville cop illegally entered home

A man has filed a lawsuit against a Naperville police officer alleging the officer illegally entered his home without a search warrant.

The lawsuit also claims the police department did not investigate a complaint about the search that was sent to Police Chief Robert Marshall.

The suit was filed last week in federal court in Chicago on behalf of Stephen Tracy, who says a the officer, identified in the suit as Michael Hull, came into Tracy's home against his wishes last fall, according to his attorney, Gregory Kulis.

Naperville police cannot comment on the litigation and Marshall was out of the office this week, said the department's public information officer, Sgt. Bill Davis. Naperville city spokeswoman Linda LaCloche said the city does not comment on pending lawsuits.

Kulis said Tracy was having some disputes with his landlord, who said he was sending someone over to do an appraisal.

When the landlord came to Tracy's door one day last October, there was no appraiser, but there was a Naperville police officer, Hull, the lawsuit states.

The lawsuit alleges Hull violated Tracy's rights by entering Tracy's home without a warrant. Kulis said the officer told Tracy he didn't need a warrant, then stepped into the home and allowed the landlord to enter as well.

After the officer and landlord left, Kulis said Tracy sent a complaint by certified mail to Marshall. But according to the lawsuit, Tracy received no response and the police department did not investigate the complaint.

The lawsuit also alleges the officer retaliated against Tracy after the complaint was sent to police by following him and appearing at his children's school.

A message left for officer Hull was not returned. A front desk clerk said Hull was out patrolling during the day Thursday.

Kulis said his client's lawsuit does not yet have a date scheduled in court.