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Retired Joliet police sergeant’s false arrest lawsuit headed for federal trial

Ex-sergeant claims $325,000 in damages

Dwayne Killian, retired Joliet police sergeant and former member of the Tri-County Auto Theft Task Force, speaks before the Joliet City Council on July 6, 2021.

A retired Joliet police sergeant seeks $325,000 in damages in a federal trial next week over his claims that a former colleague caused his alleged false arrest in 2022.

After failing to reach a settlement, a three-day trial for Dwayne Killian is expected to begin on Oct. 22 at the Dirksen U.S. Courthouse in Chicago.

Plainfield attorney John Schrock is representing Killian in his trial against retired Joliet Police Sgt. Ed Grizzle, both of whom were colleagues on the Tri-County Auto Theft Task Force.

A 2022 employee photo of retired Joliet Police Sgt. Ed Grizzle.

Killian filed a lawsuit that claimed Grizzle caused his false arrest in 2022 on a charge of theft of a forklift, which Killian stored on his property, despite the lack of probable cause for that arrest.

Since 2022, court records in Will, Grundy and federal court have not shown any charges filed against Killian.

The forklift had been seized by the Tri-County Auto Theft Task Force. Killian denied stealing the forklift and he claimed he agreed to return it at the request of Grizzle.

Itasca law firm Hervas, Condon and Bersani will represent Grizzle and the city at trial. Grizzle denied he did not have probable cause for Killian’s arrest and denied Killian sustained damages over the incident.

Killian claims he sustained $100,000 in damages for his alleged wrongful arrest and $225,000 for his loss of employment, according to exhibits filed in a final pretrial order on Thursday.

Killian also seeks an award of punitive damages.

On Oct. 2, U.S. District Judge LaShonda Hunt denied a motion from the city’s attorneys to limit certain evidence because it was filed past the deadline.

In that motion, the city’s attorneys sought to bar any testimony regarding political conspiracies alleging Killian was targeted by former Joliet City Manager James Capparelli because he either didn’t like him or his wife, who worked for the city at the time.

Squad vehicle video of former Joliet police Sgt. Dwayne Killian sitting inside of a squad vehicle during his arrest on June 14, 2022.

In Killian’s deposition, he mentioned the Joliet City Council in 2021 rejecting Capparelli’s plan to pull the city out of the Tri-County Auto Theft Task Force.

Killian publicly defended the task force at a city council meeting. Killian said Capparelli “wasn’t happy” because he “didn’t make him look very good,” according to his deposition.

In another deposition, an administrative assistance for the task force said Killian told her that Capparelli didn’t like his wife. She said there were “issues with some employees” at the city and Killian’s wife was “basically like a witness to things that happened.”

The city’s attorneys said Killian’s “speculative hearsay” would confuse the jury and would distract from the core legal issues.

Felix Sarver

Felix Sarver

Felix Sarver covers crime and courts for The Herald-News