Lockport Cop Made False DUI Arrest, Lawsuit Claims

LOCKPORT, IL — A lawsuit was recently filed against a Lockport police officer and the City of Lockport by a Romeoville man who says he was arrested on false claims of driving under the influence and other traffic violations.

Bryan Whateley, 29, of Romeoville, filed the lawsuit against Lockport and police officer Gregory Grunder. According to the lawsuit, Grunder had no probable cause to arrest Whateley on Aug. 12, 2016, and no cause to believe he had committed DUI.

The charge against Whateley was dropped by prosecutors in January 2017, but now he is suing for damages, according to the lawsuit.

The lawsuit also states there existed prior instances of false arrests involving Grunder and that the city of Lockport is liable for its "deliberate indifference to the prior instances" and failed to discipline Grunder.

According to the police report from Grunder in the lawsuit, Grunder wrote that Whateley smelled of alcohol and seemed to be slurring his speech. He wrote that Whateley had trouble getting his driver's license from his wallet.

In the police report, Grunder writes that Whately said he had two drinks throughout the day; one at 4 p.m. and the other at 8 p.m. The arrest took place at 12:37 a.m.

Grunder writes that Whately said he wouldn't perform Standardized Field Sobriety Tests, according to the police report. Whateley eventually said he had approximately five drinks, instead of two, and the last had been prior to leaving the bar.

Whateley still refused to undergo field sobriety tests and wouldn't provide a breath sample, according to the police report. Grunder arrested Whateley for DUI.

After Whateley was arrested, Grunder submitted in-car camera footage. According to the police report, when Grunder attempted to stop the recorder when he got to the station, an error message displayed. An evidence technician was unable to locate a recording for the traffic stop.

The Herald-News reported that Grunder has had previous departmental violations. He was suspended for 15 days without pay in 2017 after missing court appearances in DUI cases from 2016. It is unknown if this is connected to Whateley's case.

The lawsuit states that Whateley is asking for a sum in excess of $50,000.

Image via Shutterstock.