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Dozens join lawsuit against Chicago police officer

Fiorito accused of targeting homosexual, disabled citizens in widespread DUI scandal

Kristen Schorsch - Chicago Tribune

Issue date: 10/8/09 Section: World News
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CHICAGO (MCT) - One foot in front of the other, Michael Vaughn looked down as he walked heel-to-toe in a straight line with his arms at his side as part of a field sobriety test. He held his right foot out for 30 seconds and touched his left finger to his nose, then his right.

He performed these tests without wavering, Vaughn's attorney, Jon Erickson said while airing the police surveillance tape inside his office Tuesday.

Vaughn's sobriety test that he performed in June was captured on a surveillance camera mounted in Chicago police officer Richard Fiorito's squad car, Erickson said. In a police report, Fiorito said that Vaughn couldn't keep his balance and raised his arms more than six inches while walking in a straight line, and that he hopped and swayed while standing on one leg. Fiorito arrested Vaughn for drunken driving, among other charges, according to a police report.

Erickson, who has filed civil rights lawsuits in federal court against Fiorito on behalf of about two dozen people, released the video Tuesday, saying it strengthens the claim that Fiorito made false DUI arrests and lied on police reports.

Some plaintiffs allege that Fiorito abused them during their arrests and harassed them because they were gay or disabled, court records show. Erickson said Fiorito trumped up DUI charges in a scheme to earn extra overtime pay by appearing as a witness in court.

Dan Gallagher, an attorney representing Fiorito, called the allegations "ridiculous."

"When a police officer is driving a car and he sees someone speed by or is swerving, how can you tell if someone's gay or not?" Gallagher asked.

He added that Fiorito, who has been on the force for at least 15 years, might pull more gay people because he is a Town Hall District officer whose coverage area includes Lakeview, home to the city's gay entertainment hub.

Gallagher said the video didn't show one or way or another if Vaughn was wavering. He said his client had probable cause to arrest Vaughn because he was in a park after midnight, admitted to drinking and was with a female passenger who had a plastic bag suspected to contain marijuana.
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