Former inmate lawsuit alleges excessive force

March 15, 2014

Daniel Bailey has filed a federal lawsuit against the Will County Sheriff's Department, but attorneys for the sheriff's department say there's another side to the story.

Bailey talked exclusively to ABC7 Eyewitness News' Stacey Baca about the case.

What video shows is at the center of a civil rights lawsuit filed against Sheriff Paul Kaupas and several officers.

The inmate is Mokena resident Daniel Bailey.

"I was seeing stars as I was getting these blows," he said. "It's kind of a blur. I was unable to do anything."

Bailey and his lawyer call this excessive force.

Although the federal lawsuit was filed last May, bailey's attorney says he just received the jailhouse video as part of the case.

"There's lots of inmates that file pleadings that make allegations, but it isn't that often that you can see with your own eyes what's taking place or what occurred in this case," said attorney David Hurst.

But lawyers representing the sheriff and officers argue this lawsuit is "frivolous and without merit" and have released a statement, saying in part: "(Bailey) grabbed at one officer's belt, bit another officer's finger and grabbed a male officer's genitals. In order to get Mr. Bailey to stop and prevent him from causing serious injury to the officer who's genitals he was grabbing, another officer located closest to Mr. Bailey's head struck him several times."

The attorneys for Will County also say bailey refused to proceed to another cell and turned combative on the ground.

"We didn't see Mr. Bailey do anything to provoke the kind of attack that came upon him," Hurst said.

In the end, the lawsuit claims Bailey was injured and had to be transported to the hospital.

Will County lawyers say Bailey's injuries were brought upon himself.

"I don't want to see this happen to other people," Bailey said.

"It's offensive and it really tells a story," Hurst said. "These things just shouldn't happen."

Bailey was originally arrested for residential burglary and trespassing.

After what happened in jail, he was also charged for felony battery to the peace officers.

He pleaded guilty to misdemeanor battery.

In turn, three of the officers have countersued Bailey, so his case is far from over.

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