Cop Who Had Sex on Duty Claims|Wrongful Prosecution Ruined his Life

CHICAGO (CN) - Showing considerable chutzpah, a former Waukegan cop who admits he had sex with a woman while on "routine patrol," claims his bosses ruined his life, defamed him and had him prosecuted unjustly by persuading the woman to "complain about the incident," and falsely claim "that the sex had been forcible and against her will."

Delatwan Haynes sued Waukegan, two police sergeants and a detective, the assistant state's attorney who prosecuted him, and the woman with whom he admits he had sex. He alleges defamation, conspiracy, emotional distress and constitutional violations.

According to the federal complaint: "On January 6, 2008, plaintiff was on routine patrol. At around 7p.m., plaintiff noticed a woman being harassed on the sidewalk. Plaintiff suggested that the woman, Denise Swinney, get into his squad car. Plaintiff and Ms. Swinney drove to a secluded spot where they engaged in consensual sex.

"Ms. Swinney did not complain to law enforcement, and instead filed a civil suit against the plaintiff alleging that the sex had been forcible and against her will."

Haynes claims that her allegations were "fabricated" and "patently untrue," that they were cooked up by "one of the police defendants, for whom Ms. Swinney was an informant."

He claims that police knew, but withheld from prosecutors, evidence about Swinney's allegedly shady past: "The police defendants withheld from prosecutors that Ms. Swinney was a prostitute, a small-time criminal, an informant for some of the defendants, and that she had accused others of sexual misconduct under similar circumstances. It wasn't until after prosecutors began prosecuting Plaintiff for sexual assault, and Plaintiff was confined to jail, that the police defendants informed prosecutors about Ms. Swinney's background."

The complaint continues: "The police defendants withheld from prosecutors and the plaintiff's criminal defense that the police defendants suggested what Ms. Swinney include in her statement so that it would most persuasively inculpate plaintiff.

"If the prosecutors had known of Ms. Swinney's failure to come forward in the criminal investigation, of her decision to file a civil case against plaintiff instead, and of her fabricated statement and hidden exculpatory evidence alleged in paragraphs 21 and 22, prosecutors would not have prosecuted plaintiff.

"The police defendants' conduct proximately caused plaintiff to receive an unfair trial, in which he was convicted of some of the counts of the indictment.

"Lake County State's Attorney Michael Waller and Assistant State's Attorney Patricia Fix communicated to the public through various media outlets that plaintiff was a rapist.

"The misconduct of all of the individual defendants ruined plaintiff's life, causing plaintiff's termination from the Waukegan Police Department, costing plaintiff and his family their house, costing his wife her wedding ring, forcing plaintiff to stay in Lake County Jail among inmates he had arrested and their associates, causing plaintiff's unfair trial and subsequent wrongful conviction, causing plaintiff's trauma in being a police officer living among criminals, causing plaintiff to be isolated from his family for most of two years, causing him to be defamed, even after he was shown to be innocent of the rape, and causing other emotional, physical and pecuniary harm."

Haynes seeks punitive damages. He is represented by Scott Kamin.

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