Joliet Police Officer Unlawfully Searched 12-Year-Old Girl During Traffic Stop: Federal Lawsuit

JOLIET, IL — According to a press release from Cochran Firm Chicago — the law firm started by the late world-famous trial attorney Johnnie Lee Cochran — the family of a 12-year-old girl, along with their attorneys, will hold a news conference Thursday morning to announce their new federal civil rights lawsuit against Joliet and the Joliet Police Department accusing one of the officers of conducting an unlawful police search of the child during a routine traffic stop.

The lawsuit names Joliet Police Officer Daniel Avila, who joined the force in 2023.

"The Joliet Police Department reprimanded Avila for his gross violation of twelve-year-old J.J.’s constitutional rights," Wednesday's lawsuit reads. "As a direct and proximate result of Avila’s unwanted physical touching and violation of her constitutional rights, J.J. has experienced trauma and emotional distress, which have in turn negatively impacted her education and development."

According to the Cochran Firm Chicago, the 12-year-old female passenger— who was not suspected of any crime — was ordered out of the car and subjected to a pat-down search by a male Joliet police officer without any legal justification. The search, which included contact with her upper thigh and groin area, was captured on the officer’s body-worn camera.

“There was no threat, no suspicion, and no legal basis for this search,” said Victor P. Henderson, the family’s attorney from Chicago. “Even the police department has admitted that. The question now is why this was allowed to happen and what changes are needed to ensure it never happens again.”

According to a copy of Wednesday's federal lawsuit, around 7:30 p.m. Feb. 18, 2024, Joliet Police Officers Blankenship #252 and Moore #181 conducted a traffic stop for suspicion of driving with suspended registration for non-insurance. The vehicle was driven by the plaintiff's daughter, Kya, who had a valid license, but the vehicle's registration was suspended due to a mandatory insurance violation.

At the time of the traffic stop, the 12-year-old rode in the passenger seat.

The lawsuit contends that Officer Daniel Avila arrived to assist with the traffic stop and instructed the 12-year-old to exit the car. After the 12-year-old got out of the vehicle, "despite the absence of any circumstance giving rise to a reasonable suspicion that 12-year-old J.J. might be in possession of a weapon and/or pose a threat to Avila or the other officers, Avila performed a pat-down of 12-year-old J.J.’s body with both hands. Avila’s pat-down included touching 12-year-old J.J. between her legs, in her upper thighs, and other areas. The pat-down was recorded on Avila’s body camera," the lawsuit asserted.

As for the driver, Kya received a citation for two traffic violations, then she was released and the vehicle was towed.

"Neither Kya nor twelve-year-old J.J. were charged with or issued a citation for any violation of law other than the two traffic violations described in," the lawsuit noted.

According to Cochran Law, the Joliet Police Department later acknowledged the search violated department policy and constitutional standards and issued discipline to the officer involved.

The lawsuit alleges violations of the Fourth and Fourteenth Amendments to the U.S. Constitution, as well as state law claims, and raises concerns about training, supervision, and safeguards intended to protect minors during police encounters.

At Thursday’s press conference, the family and their legal team will outline the allegations in the lawsuit, discuss the impact on the child, and call for concrete steps to prevent similar incidents involving children in the future, according to the law firm's press release.

The press conference will take place at 10:30 a.m. inside the Cochran Firm Chicago, 140 S. Dearborn St., Suite 1020.