Publication: Cook County Jury Verdict Reporter

(YY 5/6)  CIVIL RIGHTS--FARMER ARRESTED FOR BLOCKING STATE INSPECTION OF ANIMALS (14)

Joseph W. Sbarboro v Officer Guy Fiache 04C-2888 Tried Sep. 12-15, 2005

Verdict: $25,000 on excessive force claim (plus attorneys' fees and costs); Not Guilty on false arrest claim.

Judge: Magis. Morton Denlow (USDC IL NE)

Pltf Atty(s): Michael D. Robbins and Jeffrey J. Neslund DEMAND: none

Deft Atty(s): William W. Kurnik of Knight, Hoppe, Kurnik & Knight (Des Plaines) (SELF-INSURED) OFFER: none

Pltf M-64 operated a farm stand on 22 acres of farmland he owned in Grayslake. On Aug. 29, 2003, pltf allegedly
refused permission to an Illinois Department of Agriculture inspector to enter pltf's land to investigate an anonymous complaint that pltf's animals were being mistreated in violation of state law. The investigator called police for assistance, and deft Grayslake police officer responded to the scene. Deft placed pltf in handcuffs and detained him in a squad car with his hands cuffed behind his back for approximately one hour, during which time the deft and the state investigator inspected pltf's property. Pltf was then released without criminal charges. Pltf complained of a shoulder injury for which he sought treatment at a V.A. hospital nine days later ($12,000 medl.), and sued for false arrest and excessive force. Defense contended there was probable cause to arrest pltf, and the amount of force used, if any, was reasonable.