Improper Arrest Led To Deadly Heart Attack: Lawsuit

JOLIET, IL - A federal lawsuit accuses Joliet officers William Otis and Von Stein of violating the civil rights of a local man who subsequently died less than a year later. The Chicago law firm of Morrissey & Donahue contends that Christ Sam Messino died last year from the stress and undo anxiety that resulted from his July 5, 2015 illegal and improper arrest by the two Joliet patrolmen. The federal lawsuit was filed against Joliet as well as Otis and Stein. Constance Waterworth filed the lawsuit on behalf of the dead man's child, who is a minor. The lawsuit alleges the Joliet Police Department "directly caused and contributed to (Messino's) untimely and wrongful death."

The 25-page lawsuit contends that even though Messino was obeying all traffic laws, Otis and Stein decided to target him, following him along Chicago Street and later on Route 53. "Plaintiff's Decedent never committed a traffic violation and drove perfectly during the entire target pursuit," lawyer Charles F. Morrissey stated. "The JPD squad car had operational video, but despite a Department of Justice mandate requiring working audio in the squad car, the squad car did not have working audio on the date in question and had not had a working audio system for at least six months."

The lawsuit notes that Otis was driving the squad car while Stein, a rookie at the time, rode in the passenger seat. "According to Defendant Officer Stein's police report ... he saw Plaintiff's Decedent proceed through a red light at the intersection of Chicago Street and Interstate 80. Squad car video of the target pursuit, however, demonstrates that Plaintiff's Decedent lawfully proceeded through the intersection at Chicago Street and I-80 while the traffic control signals were green, having successfully crossed the intersection before the light changed to a cautionary yellow, and at a minimum, was well beyond the stop line on Chicago Street while the traffic signals were still green."

About 15 blocks later, the suit states, Messino signaled and pulled into a private driveway in the 1000 block of Chicago Street, "at which time Defendant Officers activated their emergency lights ..."

Messino gave the two officers his name and date of birth, admitting he did not have a valid driver's license. He was arrested, fingerprinted and taken to the Will County jail "based on the false allegations of Defendant Officers that (Messino) was lawfully stopped and properly charged with the offense of felony driving on a suspended/revoked license, operation of an uninsured motor vehicle, disobeying a traffic control device and other traffic offenses," the lawsuit states.

Otis and Stein are also accused in the lawsuit of having "provided false statements in written reports, testimony in front of the grand jury and other evidence" regarding the circumstances that precipitated their traffic stop and arrest of Messino, who was released from jail on bond two days after his arrest.

In April 2016, prosecutors dismissed their criminal case against Messino, who by then, was struggling to find employment, despite multiple attempts, as a result of his felony arrest, the suit states.

Messino also went to the Will County Community Health Center and was treated by three different doctors for symptoms of anxiety and hypertension as a result of his pending criminal case. "Plaintiff's decedent never suffered from high blood pressure or hypertension prior to his wrongful arrest and detention, and, as a result of those conditions caused by the unconstitutional police misconduct on July 6, 2015, died on May 4, 2016 as a result of the heart attack," Morrissey stated.

A message left on Friday afternoon seeking comment from Joliet's interim corporation counsel Chris Regis was not immediately returned.

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