A Batavia man has sued the city of Geneva and one of its police officers, claiming malicious prosecution after a March 1, 2011 arrest.
Nicholas Neubauer, 28, of the 2700 block of Sperry Court, was arrested on Feb. 27, 2011 following a domestic incident. He posted bail two days later, according to court records. Upon release he went to his parents’ house in the 300 block of Richards Street, Geneva, where he was arrested again, according to the lawsuit
The misdemeanor charge of violating his bail by returning home within 72 hours of the incident was dropped the next day, but not after Neubauer spent another night in the Kane County jail and had to hire an attorney, states the suit, which seeks more than $50,000 in damages.
“(Officer James Hope) without any measurable or probable cause, falsely and maliciously detained, arrested and imprisoned the plaintiff,” wrote Michael Cetina, an attorney representing Neubauer.
Neubauer’s parents, Rick and Claudia, also are plaintiffs in the lawsuit, claiming their Fourth Amendment protection against unreasonable search and seizure and 14th Amendment right to due process also were violated when Hope allowed the victim of the Feb. 27 domestic incident into the Geneva residence and “numerous personal belongings” were stolen.
Cetina was not immediately available for comment.
According to court records, Nicholas Neubauer pleaded guilty to misdemeanor domestic battery, was fined $2,645, ordered to do 50 hours of community service and abide by an order of protection obtained by the female victim in the case.
Geneva police spokeswoman Commander Julie Nash said the city has not been served with the lawsuit, adding that the city would not comment on any ongoing litigation.