Count Hayes sued the Village of Melrose Park and Officer Michael Resinos in Federal Court on June 1.
Hayes claims that in 2013, when he was 25, he was riding his bike between his grandmother’s house and a corner store when “Officer Resinos, in uniform and driving a marked Melrose Park Police Department squad car, apparently mistook plaintiff for an offender who had committed a criminal offense in the area.”
With that, “Defendant Officer Resinos attempted to run plaintiff down with his squad car as plaintiff rode his bicycle down an alley,” the complaint says.
Hayes claims he immediately leapt from his bike and attempted to flee, but was eventually stopped by Resinos, who proceeded to use his Taser on him.
Then, as another Melrose Park Police Officer looked on, Resinos unholstered his service weapon and fired a shot, “striking the plaintiff in the foot,” Hayes claims.
Resinos then allegedly cursed Hayes, and told him, “I should have killed you.”
Hayes’ attorney Mark Smolens told Courthouse News that his client remains in jail almost two years later on charges of battery.
“He was locked up and had no access to civil rights lawyers and just happened to speak to a client of ours who passed on our name,” Smolens said. “He’s been locked up for almost two years and charged with battering the officer who shot him.”
Smolens, of Mottweiler & Smolens in Inverness, Illinois, says his client is still limping from the gunshot injury to his foot.
Smolens said the state police did an investigation of the incident, and “one of the other officers that was there, his report differs from the shooting officer’s claim.
“The latter says he was putting his gun in his holster when it accidentally discharged, but the other officer said nothing like that,” the attorney said. “He said he comes around the corner and sees plaintiff on the ground and sees Officer Racino raise his gun and discharge it. Those are just words in a report, we don’t know what he might say in a deposition.”
Hayes’ complaint says he suffered great physical and emotional pain due to Resinos unreasonable use for force, reckless indifference, and malice, and seeks punitive damages for excessive force.
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