Elgin council OKs $45K settlement with couple who alleged false arrest
The Elgin City Council approved a $45,000 settlement with a former city council candidate and his wife who filed a federal lawsuit alleging they were falsely arrested and subjected to an unlawful search two years ago.
Brandon Yaniz and his wife, Amanda, filed the lawsuit in October 2018 naming the city, the police department and officers Raul Lara, Todd Ramljak and Shawn Sproles.
According to the lawsuit, police broke down a building door and arrested the Yanizes while looking for a different man. The city council approved the settlement 8-0 without discussion as part of the consent agenda Wednesday night. Councilwoman Rose Martinez was absent.
The police officers will be dismissed from the lawsuit before the settlement is finalized in court, Elgin Corporation Counsel Bill Cogley said. The city denies any wrongdoing by the police department and the settlement includes an express denial of any liability by the city and its employees, Cogley said.
"The proposed settlement is a risk management decision by the city to avoid further expense and litigation," he said.
Brandon Yaniz, who unsuccessfully ran for city council in April 2017, directed all questions to his attorney, Jeffrey Meyer.
The lawsuit, filed in U.S. District Court for the Northern District of Illinois, Eastern Division, states the Yanizes suffered property damage, as well as "physical and emotional harm." The lawsuit says Amanda Yaniz needed counseling after the arrest but gives no specifics about any physical harm.
Meyer declined to give more details. As for why the lawsuit was filed a year after his clients' arrest, Meyer said, "There were certainly communications with the city prior to that time."
The lawsuit states an officer rang the Yanizes' doorbell in the early evening of Oct. 22, 2017 looking for the couple's business tenant, John Dean. The Yanizes lived on the second floor above the commercial space at 163 E. Chicago St.; Dean, who had a plumbing business, was leasing from the Yanizes the commercial space next door, on the first floor of 165 E. Chicago Street.
Later that night about 8 o'clock. the Yanizes heard "loud, repeated and aggressive door-pull noises" coming from the outside hallway and saw lights flashing.
"Considering the information provided earlier that day by the unknown officer, Brandon and Amanda feared that John Dean or other dangerous persons associated with John Dean had gained or were seeking entry into the premises," the lawsuit states. Amanda Yaniz "searched for her cellular telephone to call 911," while her husband got his firearm and went into the hallway to investigate.
Sproles, who was outside the exterior door at the bottom of the stairs, yelled at Yaniz to drop his weapon, then kicked in the door with his gun pointed. Yaniz was arrested and so was his wife, who came out of their apartment with her hands up, the lawsuit states.
The Yanizes were handcuffed and placed in police vehicles. Officers checked Brandon Yaniz's ID and verified his gun was lawfully owned but still conducted a search of the couple's residence that was "invasive and lasted long past an initial 'sweep' of the premises," the lawsuit states. The Yanizes were released at the scene.
Dean was arrested about three weeks later on a home invasion charge, Elgin police Cmdr. Rick Ciganek said.
Dean is next due in court Oct. 31, Kane County records show; he couldn't be reached for comment Wednesday.
E & J Yaniz Properties LLC filed an eviction lawsuit against Dean in late August saying he owed $17,400 in past due rent. That lawsuit is next due in court on Oct. 17, court records show.
• Daily Herald staff writer Harry Hitzeman contributed to this report.