Evanston Settles With Northwestern Grad Who Sued Firefighters

EVANSTON, IL — Aldermen are set to approve a $25,000 payout Monday to end a civil rights lawsuit filed against the city by a recent Northwestern University graduate.

Kanan Wanha sued Evanston and five members of its fire department last year, alleging they mistreated him after being called to his apartment during a mental health episode in October 2018.

Wanha, 23, was dragged, dropped and punched in the back by firefighters during the incident, according to the suit. Attorneys for the city denied the allegations.

Filed in June 2019, Wanha's complaint said Evanston firefighters and paramedics used excessive force, battered him and failed to provide adequate care.

A 2018 Northwestern graduate in mechanical engineering, Wanha was living with his girlfriend in the 1000 block of Davis Street at the time of the incident. In the early morning hours of Oct. 28, 2018, his girlfriend called 911 for help after being awakened by Wanha "trembling and shaking uncontrollably," according to the complaint.

When fire department personnel arrived, they found Wanha lying on the floor and "immediately assumed" he was on drugs, according to the complaint. She allegedly told them Wanha had not taken drugs and that he might be suffering from a mental health crisis.

It turned out Wanha was experiencing his first mental health episode at the time and was subsequently diagnosed with a condition that he manages effectively with prescribed daily medication, the suit said.

But at the time, the firefighters insisted Wanha was on drugs, the complaint alleged. They "aggressively grabbed" Wanha by all fours and dragged him to a fourth-floor elevator, dropping him at least once, it said.

According to the complaint, Wanha's girlfriend went down to the first floor and saw Wanha laying face down on the floor, with half of his body inside the elevator and the doors closed on him. The five members of the fire department stood nearby as Wanha lay motionless, apparently unconscious.

"Are you [expletive] kidding me?" one of the firefighters yelled at her, the complaint alleges. "He opened his eyes up and started laughing. He's on [expletive] drugs."

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In their September 2019 answer to the suit, Deputy City Attorney Victoria Benson admitted that paramedics and firefighters had been called to Wanha's apartment and told by his girlfriend that he had not been using drugs.

But she denied — or said city employees lack sufficient information to substantiate — the rest of the allegations contained in Wanha's complaint.

"[A] reasonable firefighter/paramedic objectively viewing the facts and circumstances that confronted Defendants Jeffrey Eaton, Curtney Koopman, Martin Rafacz, James Trippi, and Jamaine Collins could have believed their actions to be lawful, in light of clearly established law and the information [they] possessed," Benson said, arguing the firefighters are entitled to qualified immunity.

According to the suit, the firefighters carried Wanha outside to an ambulance without using a stair chair or ambulance cot. Once inside, they restrained his hands above his head.

The lawsuit also alleged one of the firefighters punched Wanha in the back. His girlfriend witnessed the punch from the front of the ambulance and it left a visible injury, according to the complaint.

"One or more of the other paramedics and firefighters were aware of their fellow employee's use of excessive force, had an opportunity to prevent it, but failed to do so," it said.

Both parties were ordered to exchange fundamental discovery in October, according to court records. On Tuesday, the sides reported the case had been settled, so U.S. District Judge Charles Kocoras dismissed the case and terminated proceedings.

"Execution of the settlement agreement and payment is not an admission of liability by the [City of Evanston]," Assistant City Attorney Alex Ruggie said,in a memo to the mayor and City Council recommending aldermen grant final approval to the $25,000 settlement payment at their Jan. 27 meeting. She said the money would come from the city's insurance fund.

Torreya Hamilton, Wanha's attorney, has not responded to a request for comment.

The city has yet to provide Patch with records of Wanha's encounter with firefighters that it released in response to a December 2018 public records request.