A recent legal filing alleges that two police officers arrested a man without probable cause after he disclosed his lawful possession of a firearm, raising questions about civil rights protections and law enforcement conduct. The complaint was filed by Wesam Elhaj in the United States District Court for the Northern District of Illinois on March 25, 2026, naming Police Officer Nicu Tohatan, Geri Yanow as Special Administrator for the late Police Officer B. R. Renault, and the City of Chicago as defendants.
According to the complaint, on February 12, 2024, at approximately 7:00 p.m., Wesam Elhaj was sitting as a passenger in a parked vehicle near the 600 Block of North Orleans Street in Chicago when he was approached by Officers Tohatan and Renault. The officers ordered Elhaj out of the vehicle, to which he complied. Elhaj immediately informed both officers that he was lawfully in possession of a firearm.
Despite this disclosure, “Officer Tohatan and Officer Renault arrested Mr. Elhaj for possessing the firearm despite Mr. Elhaj’s lawful rights.” The filing further states that Elhaj was also arrested “for various other criminal acts which Mr. Elhaj had not committed.” The plaintiff contends that these arrests were made “without probable cause,” resulting in his incarceration at Cook County Jail.
The charges brought against Elhaj were ultimately dismissed. As detailed in the complaint, “As a result of Defendant Officers’ conduct, Mr. Elhaj suffered constitutional violations, loss of liberty, economic losses, emotional injuries, attorney’s fees and other losses and expenses.” The lawsuit asserts that both officers acted individually or jointly to arrest and prosecute Elhaj for serious crimes “knowing the arrest and prosecution lacked probable cause,” thereby violating his Fourth Amendment right to be free from unreasonable seizure.
The legal action is brought under federal civil rights statutes including 42 U.S.C. §1983 and §1988 (the Civil Rights Act of 1871), as well as relevant Illinois state laws regarding indemnification by public entities for actions taken by employees within their scope of employment.
In addition to seeking compensatory damages for alleged economic losses and emotional injuries, Elhaj requests punitive damages against Officers Tohatan and Renault. He also asks for reimbursement of attorney’s fees pursuant to federal statute and any other relief deemed appropriate by the court: “Plaintiff Wesam Elhaj prays for judgment against Police Officer Nicu Tohatan (Star No. 18703) and Defendant Police Officer B. R. Renault (Star No. 17404) for compensatory damages, punitive damages, the costs of this action, attorney’s fees pursuant to 42 U.S.C. §1988, and such other and additional relief as this Court deems equitable and just.” Furthermore, should judgment be entered against either officer for compensatory damages related to their employment conduct, the plaintiff requests that “the City of Chicago will be ordered to pay the Plaintiff any judgment for compensatory damages obtained against that Defendant” under Illinois law.
Elhaj has demanded a trial by jury in this matter.
The case is represented by attorney David S. Lipschultz from Law Offices of David S. Lipschultz, Inc., located at 200 S. Michigan Avenue in Chicago (Case No.: 26-cv-3283).
Source: 126cv03283_Wesam_Elhaj_v_Police_Officerr_Complaint_Northern_District_of_Illinois.pdf
