John Oakley alleges a Herrin police officer beat him and violated his constitutional rights when he was arrested on Jan. 23, 2005.
Oakley claims officer Scott McAbe was called to answer a criminal complaint filed by his ex, now current, wife Melissa Oakley for committing a relatively minor offense.
Oakley claims that at no time during his confrontation with McAbe did he resist arrest.
According to the complaint filed April 5 in U.S. District Court for the Southern District of Illinois, Oakley was taken to the Herrin jail and then transported to Williamson County Jail after his arrest.
"Plaintiff admits that he was yelling at defendant during the trip to the Williamson County Jail," the complaint states.
Oakley claims once at the county jail, he was taken out of the squad car out of the range of any surveillance devices and beaten while still in handcuffs behind his back.
He claims McAbe kept yelling "quit resisting" in an attempt to cover his acts and was then taken to Heartland Emergency Room.
Oakley claims he told the hospital he was beaten by McAbe, who was present and never denied the allegations.
Oakley claims after being released from the hospital, he was booked, but no mug shot was ever taken. He later pled guilty to the charge of resisting arrest.
"Looking at the totality of the facts, conceding that Oakley was resisting arrest, the force used to subdue a man handcuffed from behind and helpless was excessive," the complaint alleges.
"The touching was offensive, excessive and without plaintiff's permission," the complaint states.
Oakley is seeking a judgment of $10,400,000 for the alleged violations of his civil rights.
He is represented by Hugh Richard Williams of Carbondale.
The case has been assigned to District Judge Phil Gilbert in Benton.