Prisoner shot during escape attempt suing Elgin police for $6M - FOX 32 News Chicago

Prisoner shot during escape attempt suing Elgin police for $6M

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CHICAGO (FOX 32 News) -

A man who was shot by Elgin police after escaping from a moving patrol car on his way to bond court last March filed a $6 million excessive force lawsuit Tuesday against the northwest suburb.

Daniel O. Barraza was handcuffed and not wearing a seatbelt in the back of the Elgin police car on March 17 when he kicked out the driver's side rear window and leapt into traffic, he claims in the suit filed in U.S. District Court.

He had been arrested the day before on warrants of resisting arrest and fleeing, and eluding police, Elgin Police Cmdr. Glenn Theriault said at the time. He had been held overnight in the city jail.

An officer was driving him to a bond court hearing at the Cook County Courthouse in Rolling Meadows when he attempted to escape, police said.

After rolling to a stop amid traffic on Route 53 near Algonquin Road, he ran into a grassy area beside the roadway where police officers chased and shot him, according to police and the suit.

Barraza claims police had no reason to believe he was a threat to them or to other citizens, according to the suit, which claims officers who shot him used excessive force.

The four-count suit claims intentional infliction of emotional distress, excessive force and infringement of his civil rights against the officer driving the car. It also seeks to hold the city of Elgin responsible for the officer's actions.

In all, the suit seeks at least $2 million in compensatory damages and $4 million more in punitive damages, plus interest and the costs of the suit.

Elgin Police Cmdr. Glenn Theriault said Tuesday that the city has not yet seen the lawsuit and does not comment on pending litigation.

Illinois State Police were investigating the shooting.

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