Elgin settles excessive force lawsuit for $130K, with cop's name taken off it

Editor's note: this article was updated Oct. 28 to correct the 2015 charges for Sean Farrell.

The city of Elgin has settled for $130,000 a lawsuit filed by a man whose hip was fractured during an arrest more than three years ago.

Sean P. Farrell, 40, of Elgin filed the federal lawsuit in May 2016 against the city and officer Chad VanMastrigt, who arrested Farrell a year earlier on May 6, 2015. Farrell was charged with possession of a controlled substance and resisting arrest, court documents show.

The lawsuit filed in U.S. District Court for the Northern District of Illinois stated VanMastrigt used "unreasonable or excessive force" when he arrested Farrell and "intentionally, recklessly and/or unreasonably" put his weight on top of Farrell as he was taking him to the ground.

That resulted in "serious injuries" to Farrell, including a fractured hip, pelvic pain, leg pain and impaired mobility, the lawsuit stated.

The city council approved the $130,000 payment to Farrell on Wednesday as part of the meeting's consent agenda. Both parties had agreed this month to dismiss VanMastrigt from the lawsuit, court documents show.

Elgin Corporation Counsel Bill Cogley said the city doesn't believe VanMastrigt acted inappropriately or used excessive force. VanMastrigt is a 22-year veteran of the department.

"The officer used the proper technique in trying to subdue a noncooperative suspect," Cogley said, "and unfortunately when taking the individual to the ground, the individual was injured. The city's decision to settle is based on a risk management assessment, and as a condition of it, we required that officer VanMastrigt be dismissed from the lawsuit."

Farrell's attorney, Richard Dvorak, declined to comment, saying, "It was kind of delicate negotiations."

The police report from May 6, 2015, states VanMastrigt saw Farrell, who was known to police, meet with someone near Clock Tower Plaza and exchange money for "a small package" that Farrell put in his pocket.

VanMastrigt got out of his squad car and shouted at Farrell to stop, but Farrell took off running and discarded the package, which later tested positive for cocaine, the report states.

Police caught up with Farrell as he was trying to climb over a chain-link fence, and VanMastrigt took Farrell to a grassy area "using a straight arm bar lockout to a straight arm bar take down," the report states.

While handcuffed, Farrell said his leg was broken and he was in pain, so an ambulance was called to take him to the hospital, the report states.

Farrell left the hospital two weeks later, when he was still using a wheelchair, and turned himself in to the police station on May 21, 2015.

Kane County Court records show Farrell pleaded guilty in May 2016 and was sentenced to one year in prison.

Farrell also was charged in 2015 and later convicted of felony possession of a firearm, identity theft and driving with a revoked/suspended license, according to the Illinois Department of Corrections website. He was released on parole Aug. 31.

Farrell's previous convictions include possession of cocaine in 2006 and DUI with a revoked/suspended license in 2004, the IDOC website states.

• Daily Herald staff writer Harry Hitzeman contributed to this report.