Trooper blamed for allowing K-9 'Loco' to bite man who was passed out drunk

An Illinois state trooper is accused of allowing his police dog to bite a man who was unconscious on the ground.

Thomas Abernathy filed a lawsuit May 24 in Madison County Circuit Court against the Illinois State Police and Trooper Derek Cullen.

Trooper Cullen was using his K-9 dog, Loco, to look for Abernathy regarding a traffic incident in June 2012, according to the complaint. Abernathy claims he was drunk and passed out on the ground when the trooper and his K9 partner found him. Abernathy claims he was fully incapacitated, yet says Cullen let Loco bite him on the arm anyway.

Abernathy accuses Trooper Cullen and the Illinois State Police of battery, unreasonable force and violating his fourth amendment rights. He brings this action per U.S.Code 42, Section 1983 and asks for more than $150,000 in damages for medical expenses, lost income and court costs.

Attorney Thomas O. Falb of Alton represents Abernathy.

Madison County Circuit Court Case No. 13-L-870