CHICAGO (CN) - A man claims in court that he was locked up for 9 months on a false rape charge because police and state prosecutors hid or lost his cell phone, which concealed evidence that the sexual relationship was consensual.
Arthur Gage sued Chicago, the Cook County/State’s Attorney, and unknown police officers and state’s attorneys, in Cook County Chancery Court.
Gage claims he “had a consensual sexual relationship with a woman” on or about Sept. 10, 2009.
He says he was arrested that day on a charge of aggravated sexual assault, and was not released until June 7, 2010.
“While under arrest, the defendant City of Chicago maliciously and with intent to scare, coerce and inflict emotional distress told plaintiff Arthur Gage that the woman that he had a consensual sexual relationship with had AIDS,” the complaint states.
“Plaintiff Arthur Gage’s cell phone contained important evidence of his innocence. Defendants, and each of them, however, negligently and/or maliciously lost, misplaced or otherwise concealed the whereabouts of plaintiff’s cell phone or otherwise withheld exculpatory evidence for approximately four months.”
Less than one week before trial, charges were dropped, Gage says.
He seeks damages for malicious prosecution, false arrest, false imprisonment, negligence, emotional distress, and willful and wanton conduct.