Lawsuit: man claims he was illegally detained by Elburn police

By on February 18, 2011

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A United States citizen who currently resides in South Korea, filed a lawsuit on Jan 25 claiming he was illegally detained by Elburn police Dec. 22, 2010.

Roger Gilbert filed a lawsuit against two unnamed Elburn police officers and the Village of Elburn seeking compensatory and punitive damages.

According to the lawsuit document, Gilbert, who was in the country visiting his family during the Chirstmas holiday, was returning to the Elburn Metra station with his brother after a day in Chicago.

Gilbert was stopped by Elburn police for speeding, and when he produce a South Korean drivers’ license, Elburn police arrested him for driving on an expired license.

However, the lawsuit cites the Illinois Vehicle Code, that a “non-resident who has in his immediate possession a valid license issued to him in his home state or country may operate a motor vehicle for which he is licensed for the period which he is in this state.”

The lawsuit claims when Gilbert explained that the law permitted him to drive a car, the Elburn officers “insisted that (Gilbert) could not drive with a South Korean license.”

The lawsuit goes on to say Gilbert was arrested for driving without a valid drivers’ license, and was handcuffed, searched, and transported to the Elburn police department where he was photographed, fingerprinted and then detained for three hours.

The lawsuit claims that the supervising officer called the states’ attorney “after several hours,” and after the phone call was placed, Gilbert was released, and told he would not be charged with driving without a license.

See next week’s Elburn Herald (Feb. 24) for a full report.