Suit: Police Used Excessive Force During Arrest

CHICAGO (STMW) - A man filed a federal lawsuit Friday claiming that police officers in northwest suburban Hampshire used excessive force when arresting him.

Robert Von Bergen claims that two Hampshire police officers came to his home Nov. 24, 2009 to arrest him on a warrant for disorderly conduct, according to the suit filed in U.S. District Court.

The suit claims that officers Roy Maki and Hobart Jones used excessive force and battery by intentionally twisting Von Bergen's elbow after he told the officers that he had a bad elbow. The officers shoved his face into the squad car and kicked Von Bergen in the back, according to the suit.

Maki and Jones caused Von Bergen pain and injury and aggravated his pre-existing conditions that included an elbow condition for which he received a cortisone shot and a heart condition for which he had recent heart surgery, according to the suit.

The suit claims Von Bergen told the officers he was in pain and repeatedly asked to be taken to the hospital. The officers took him to the police department before calling an ambulance, which took him to Provena Saint Joseph Hospital in Elgin where he was treated and released the next day.

Von Bergen claims that he was not charged with resisting arrest or any other crimes relating to the incident, according to the suit.

The two-count suit seeks a jury trial and unspecified damages.

A spokesperson for the Hampshire Police was not immediately available for comment.

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