Former Elgin Police Officer Michael Sullivan, who faces misconduct charges that he planted a cellphone on a robbery suspect, is being sued by the man he initially arrested in spring 2011.
Jose Ares-Torres, 35, of the 700 block of North Salem Drive, Hoffman Estates, argues his 4th and 14th Amendment rights were violated and seeks more than $50,000 in damages, according to a lawsuit filed in Kane County.
Torres was arrested May 27, 2011, and charged with beating up a man in an alley in the 0-99 block of Clock Tower Plaza and stealing his wallet and cellphone.
But prosecutors later dropped all charges, the most serious of which carried a sentence of up to seven years in prison, on May 2, 2011, after Sullivan admitted wrongdoing, the suit states.
“While Torres was incarcerated, Sullivan admitted to his supervisor that he planted evidence at the crime scene in order to arrest Torres in a bid to better his (Sullivan's) career as a police officer,” read part of the lawsuit.
Torres' attorney Paul Krentz could not immediately be reached for comment.
Sullivan, 54, of Hickory Circle in Sycamore, resigned from the force on May 3 and faces felony charges of misconduct and obstruction of justice.
He is free on bond and next due in court on July 12. If convicted, he faces anywhere from probation to up to five years in prison.
Although Sullivan was an Elgin police officer at the time, the city of Elgin is not named as a defendant in the lawsuit.
In the suit, Torres argues he was unable to post $7,500 bond to be released pending trial and he suffered lost wages, humiliation, public ridicule, damage to his reputation and emotional distress.
Torres seeks more than $50,000 in damages for false arrest, along with attorney fees. He also has demanded a jury trial.