No. 2--07--0769 Filed: 10-22-08
APPELLATE COURT OF ILLINOIS
HILARIO MERCADO, JR., ) Appeal from the Circuit Court
) of Du Page County.
v. ) No. 04--L--1063
THE VILLAGE OF ADDISON, ) Honorable
) Robert K. Kilander,
Defendant-Appellee. ) Judge, Presiding.
JUSTICE O'MALLEY delivered the opinion of the court:
Plaintiff, Hilario Mercado, Jr., attended a family birthday party on September 27, 2003.
When a fight broke out at the party, the police were called. They learned that a bench warrant had
been issued for Hilario Mercado, Jr., for failing to appear in court on charges of shoplifting and
obstructing justice. Later, it was learned that plaintiff's identity had been stolen and that the person
who failed to appear was not plaintiff, but Ruben Vazquez. Plaintiff then sued defendant, the Village
of Addison, for false arrest and false imprisonment. The trial court granted defendant summary
judgment, holding that the officers had probable cause to arrest plaintiff and that their actions were
not willful and wanton as a matter of law. Plaintiff appeals, contending that the officers had a duty
to investigate his claim of mistaken identity. We affirm.