Tasered Veteran Files Lawsuit Against New Lenox Police

New Lenox police officers used "reckless disregard" when they Tasered resident Brian Wilhelm last year, a recently filed lawsuit against the officers claims.

Wilhelm, a 28-year-old Army veteran , and his attorneys filed a federal lawsuit Aug. 23 in the U.S. District Court for the northern district of Illinois.

The lawsuit states that Wilhelm is seeking compensatory and punitive damages, but his attorney, Lewis Gainor, would not put a dollar amount to what he wants.

Wilhelm came to help at the scene of a Dec. 11 at Woodlawn and Wisconsin roads. After trying to assist an injured passenger, Wilhelm got into a confrontation with officer Mark Klausner. The two had their hands on each other when another officer, Michael Donnelly, used his Taser on Wilhelm.

Donnelly and Klausner are the two officers named as defendants in the lawsuit. The village is not named separately and private attorneys will be involved in discussions.

Wilhelm was charged with battery and obstructing police charges, but in June. Originally, Wilhelm said he wasn't considering legal action and would have been happy if the charges were dropped.

But after half a year of court proceedings, his attorney, Lewis Gainor, said the lawsuit was needed.

"He had to waste six months of his life stressing over whether he would go to jail," Gainor said. "At that point, the damage has been done and the only way to rectify it is to take them to court ... If you can Taser a decorated war veteran who’s trying to be a Good Samaritan, you can Taser anyone. We need to make sure this doesn’t happen again."

New Lenox Police Chief Bob Sterba and Mayor Tim Baldermann declined to comment on pending litigation. But Baldermann, who was the Chicago Ridge police chief for years, said the claims in the lawsuit are unfounded.

"I have extensive law enforcement experience and there’s no merit to these claims," Baldermann said.

The lawsuit alleges the police officers used excessive force, causing physical and emotional injuries, and that they "unlawfully detained" and "maliciously" prosecuted Wilhelm. Finally, the lawsuit alleges that the officers intended to inflict severe emotional distress.

In , Officer Klausner can be seen trying to locate a driver involved in the accident. He calls over Wilhelm, who tries to explain to the officer that he was not a driver but a concerned neighbor.

In court, the police said they originally believed Wilhelm was one of the drivers, both of whom were believed to be under the influence of alcohol.

A U.S. Army veteran who served from 2000 to 2006, Wilhelm was shot in combat in Iraq. He lost his leg as a result of his wounds. He now has a prosthetic leg and has been diagnosed with post-traumatic stress disorder, according to documents he provided to Patch.

Wilhelm argued that prior to being Tasered, he was holding onto the officer for balance because of his leg and didn't get a chance to explain the situation to police.

Read the full lawsuit in the PDF attached to this article.