Woman Accused Of Hurting Baby Suing City After Charges Dropped

CHICAGO (STMW) -- A woman once accused of injuring an infant she was babysitting is suing the city and two Chicago Police officers after charges against her were dropped.

Abigail Cihak, 27, filed the malicious prosecution lawsuit Monday in Cook County Circuit Court.

She was arrested in February of 2010, when police claimed she was responsible for injuring a 9-month-old girl she was babysitting in the 10800 block of South Talman Avenue.

The baby had bleeding on the brain and suffered a skull fracture, police said.

Cihak, then 24, was charged with aggravated battery to a child, police said at the time.

She spent a month and a half in Cook County Jail and roughly two years on home confinement before charges against her were dropped, according to the lawsuit.

In the suit, Cihak claims she never harmed the child, and that evidence showed she was innocent. Police had no probable cause to believe that the baby's injuries happened when she was watching the girl, the suit claims.

The suit says Cihak notified the girl's parents right away on one occasion when the child was lethargic and sick, and again on another occasion when the babysitter noticed a bump on the baby's head.

The suit accuses two Chicago Police Officers of making false statements in their report and withholding evidence that contradicted their claims.

The city has not yet been served with the suit, said city Department of Law spokesman Roderick Drew, who declined to comment on it Monday evening.

Cihak claims she was stigmatized and continues to suffer from distress because of the ordeal.

The five-count suit claims malicious prosecution, intentional infliction of emotional distress and civil conspiracy, and seeks to hold the city responsible. It seeks at least $50,000 in damages.

(Source: Sun-Times Media Wire © Chicago Sun-Times 2013. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)