Suit alleges Naperville cops allowed boy to be sexually abused
Naperville officials say they're again prepared to vigorously defend themselves against a lawsuit that claims two police officers stood by while a woman sexually abused a 13-year-old boy in the back of a squad car on Halloween 2014.
The federal lawsuit filed Wednesday, which alleges civil rights violations, names the officers, the city and a Naperville woman, who was not charged with any crimes.
The suit claims the boy and some friends were at a home on the 200 block of Westbrook Circle that Halloween night. The officers, the suit states, illegally detained the boy in the back of a squad car while waiting for his foster mother to arrive but let his friends leave.
At some point, the woman, who is not related to the boy, got into the squad car, according to the suit, and interacted with the minor "in a manner which was inappropriate and sexual in nature." She also took "selfie" photographs of herself and the boy, the suit states.
The two police officers were in and around the squad car at the time, the lawsuit states.
"It's really kind of a bizarre thing," said civil rights attorney Ed Fox, who filed the suit. "Either nothing happened that night and I don't have a case, or something happened and the police are covering it up.
"Based on the fact that we know there are police reports and a police officer has let it out that there's video from inside the car, I tend to believe they're covering something up."
Police Chief Robert Marshall previously said it's not unusual for unrelated adults to be placed in squad cars with children under such circumstances.
On Friday, city spokeswoman Linda LaCloche referred to the near-freezing temperatures recorded Oct. 31, 2014, in Naperville and said Marshall stands by his previous statement.
LaCloche also confirmed Fox's claim that the teen was never cited with any wrongdoing.
Interim City Attorney Michael DiSanto said the Will County state's attorney's office reviewed the allegations and no criminal charges were brought. DiSanto said he did not know the results of any internal investigation.
"I believe we had an investigation of the officers internally, but we deferred the criminal charges, particularly regarding the allegations of the plaintiff, to the Will County state's attorney's office," DiSanto said Friday.
Fox said he doesn't understand how the woman and the police officers were not charged.
"If these crimes were committed, why did they not charge (the woman) and the police officers?" Fox asked. "That's what I'm going to get to the bottom of it."
DiSanto said the city stands by its officers and is building a defense against the lawsuit.
"We're going to stand by our officers and vigorously defend the officers who have been sued in this lawsuit," he said.
An almost exact version of the lawsuit, except for the allegation of illegal seizure, was filed by the plaintiffs in Will County in October 2015 and was voluntarily dismissed by the plaintiffs in October 2016. The suit was refiled Wednesday in federal court with the civil rights complaint.
Fox said he believes the original case was dismissed because police were able to claim certain immunities not granted to them under federal law.