Elgin police brutality suit settled for $225,000

Elgin leaders settled a police brutality lawsuit for a fraction of the $5 million sought by a man who was handcuffed and beaten in the back of a squad car.

The city paid Kevin D. Schwartz $225,000 in October to settle the lawsuit he brought against Officer Christopher Darr, Sgt. Edward Schmidt, the police department and city, according to documents provided in response to a Freedom of Information Act request.

"We realized the city had the potential for some liability here. We thought it was better to settle," Mayor Ed Schock said. "The $5 million - everyone asks for the world and gets something less. It's a good, fair settlement that both sides agreed to."

Darr resigned from the force in June. He was convicted of misdemeanor battery in July and given two years probation.

Schmidt is still on the Elgin force. He is a sergeant on the midnight shift, according to Deputy Chief Jeff Swoboda.

Darr was off duty on Jan. 1, 2008, when Schwartz was one of several people arrested after a hotel brawl in which head of security Jack Darr, a former Elgin deputy police chief, was badly beaten.

The charges against Schwartz eventually were dropped. Schmidt is a still with the department.

Laurel Rigertas, a Northern Illinois University law professor and former litigator, said in general that defendants often settle because they would rather have a known cost than to let the matter go before a jury and avoid potential embarrassing trial testimony. Also factored in are attorney costs and lost employee time to testify or for court depositions, she added.

"A trial is frequently not the end of the case," Rigertas said. "You could be looking at years of litigation depending on how your appeals play out."

Schwartz' attorney could not be reached for comment Monday, but said earlier this month that his client was "very happy."

In the settlement, Schwartz agreed not to pursue further action against the city. If he discusses the case with anyone outside his immediate family, he could be ordered to forfeit $10,000.