Cops sue man, witness who claimed false arrest
Cops sue man, witness who claimed false arrest (Tribune illustration)
Magee’s federal lawsuit ended with a mistrial, and it was eventually dismissed in 2011. On Tuesday, two of the officers named in Magee’s suit have sued Magee and a woman who testified at the trial.
Officers Arthur Davis and Pablo Mariano arrested Magee in 2008, months after they found drugs and weapons in a house where they believed Magee lived with a woman named Christina Atterbury. The charges against Magee were later dismissed, and he sued Davis, Mariano, four other officers and the city in federal court, claiming false arrest, unlawful detention, malicious prosecution, conspiracy and other counts.
Davis and Mariano, in a lawsuit filed in Cook County, claim Magee and Atterbury defamed their character, and also have included claims of malicious prosecution and conspiracy among their claims against the pair.
Davis and Mariano’s suit contests Magee and Atterbury’s claim in the federal case that Magee never lived at the house and that the pair never knew each other. In the federal trial, Davis and Mariano sought to include evidence that Magee had called Atterbury from prison numerous times in the years before his arrest, and that he once reported his car had been stolen from Atterbury’s house.