Wheaton man sues Naperville police

Attorneys for a Wheaton man who filed a federal lawsuit against the city of Naperville and four police officers say video evidence will prove their client was cooperating with the officers when he was bitten by a police dog during a 2008 arrest.

Nathanael Odom, 27, an African-American, is a Wheaton College graduate who has spent the past two years working as a substitute teacher and coach at Hadley Junior High School in Glen Ellyn. He said in the suit filed Thursday that he was arrested without justification outside a Naperville club on July 12, 2008, and police used "racial epithets against him" and then caused their dog to attack him.

The suit said Odom was denied his constitutional rights and that police were motivated by "racial animus" and engaged in "purposeful discrimination."

The suit said the officers responded to the club on Chicago Avenue as Odom and another man were having a "heated conversation" about Odom's wife, who was with Odom and his brother at the time.

Naperville city attorney Margo Ely said Friday all the officers were "nothing but professional" at the scene. She said she believes the majority of the suit will be dismissed.

In the lawsuit, Odom's attorneys say the officers arrested him and handcuffed him behind his back. It was then, according to the suit, that officer Chris Sherwin gave a command to his dog that caused the animal to bite Odom on his thigh, causing both bleeding and pain.

Naperville Cmdr. Mike Anders would not comment Friday on the department's K-9 training protocol.

The lawsuit said the dog also ripped Odom's pants and the man was forced to stand in his underwear on the street. When he asked for help securing his pants, according to the suit, Sgt. Alan Trotsky responded, "'You still got hands, don't you, boy,' or words to that effect."

The other officers named in the suit are John Tisol and Ricky Krakow. According to the suit, all four officers are white.

Odom's attorney, Aaron Mandel, with the Chicago-based law firm Loevy & Loevy, said the suit was filed almost two years after the incident so legal charges against Odom could be resolved. Odom was initially charged with battery and resisting a peace officer after the 2008 incident, but those charges were dropped, the attorney said. Odom then faced a disorderly conduct charge, according to the lawsuit.

Ely said Odom pleaded guilty to disorderly conduct and was sentenced to supervision and community service. She said multiple witnesses will testify "the plaintiff, wife, brother were very uncooperative" that evening.

"I think it's unfortunate they made a decision to file this lawsuit, but we will defend it," Ely said.

Mandel contends, however, that video from security cameras at the scene will support Odom's claims that his constitutional rights were violated.

"We believe in our client and, in this case, there happens to be video evidence that directly refutes any contention that he was anything but completely cooperative at the time he was bitten," Mandel said.