A Town of Porter police officer is suing a Chicago man for “severe injuries” which she says he inflicted on her while she assisted with his arrest last month.

On Oct. 14 Officer Tawni Komisarcik, represented by attorney Ken Elwood, filed the two-count suit against Frank Sanchez Vasquez, 55. On Sept. 20 Vasquez was arrested by Burns Harbor Police on charges of battery by bodily waste, resisting law enforcement, intimidation, disorderly conduct, criminal mischief, and operating while intoxicated.

During that arrest, in the area of U.S. Highway 20 and Center Street in Portage, Vasquez began spitting in the direction of police officers and a spit hood was placed over his head, police said. At some point, however, police said, Vasquez was able somehow to remove the hood and succeeded in spitting into the mouth and face of Komisarcik, who was assisting the BHPD.

The Prosecuting Attorney’s Office subsequently instructed Komisarcik to submit paperwork seeking a blood warrant “for any type of communicable diseases Vasquez may or may not have,” police said.

According to the lawsuit, Vasquez’s “conduct” in spitting at Komisarcik “was additionally extreme and outrageous due to the fact that (he) knew he carried a communicable disease.”

The lawsuit does not specify that communicable disease but does state that, in spitting at Komisarcik, Vasquez “intentionally or recklessly caused severe emotional distress to her.”

The lawsuit also states that, while Vasquez was resisting arrest, he “touched” Komisarcik “in a rude, insolent, or angry manner.”

“Due to the unauthorized touching,” the lawsuit states, Komisarcik “has suffered severe injuries including pain and suffering, terror, fright, humiliation, loss of income.”

On both counts, the lawsuit is seeking “compensatory damages in an amount to be determined herein, for the costs of this action and for any and all other relief that the court may deem proper under the circumstances.”

Arrested as well that night was Vasquez’s passenger, Ernest Manuel Cossyleon, 51, also of Chicago, on charges of intimidation, disorderly conduct, and public intoxication.

“During this entire incident both subjects were very verbally abusive, cursing and calling officers names along with racial slurs directed at officers,” police said. “Both subjects made reference to their ties to criminal activities and that we (all the officers) would be sorry.”

Posted 10/20/2009