Chicago Injury Attorney Blog

Derrick Smith is suing the Village of Riverdale and four of is cops for Cook County personal injury. He contends that he was Tasered by police on August 6, 2009 because he was too big to fit into the back of a police vehicle.

According to Smith's Riverdale, Illinois police brutality complaint, police arrived at his home in response to a call. Smith and his wife told them that everything was fine, but police took him into custody, handcuffed and “paraded” this “rather large, heavy man,” in front of neighbors, and walked him to the police car. Smith says that was cooperative the entire time. However, when they couldn’t fit him into the backseat of the vehicle, the officers Tasered him on his back, buttock, thighs, and chest—even though Smith’s wife had warned them that her husband suffered from several medical conditions, including an irregular heart beat, congestive heart failure, and hypertension.

In his six-county Riverdale personal injury complaint, Smith is accusing the cops of excessive use of police force and of stunning him with a Taser several times even though he never provoked them. He claims that he sustained serious and painful physical injuries, permanent disfigurement, and emotional trauma.

Taser Use by Police
Tasering has been linked to serious injuries and health issues, which is why it is important that officers have just cause when opting to use this option to detain someone. However, no time is a cop ever justified to use of excessive force or police brutality.

Just recently, another man, who sustained a permanent traumatic brain injury after he was Tasered by a cop in 2006, reached a $2.85 million products liability settlement with Taser International for his injuries. The man, 49-year-old Steven Butler, was drunk and wouldn’t get off a bus in October 2006 when a police officer used a Taser X-26 electronic control device to apprehend him. Butler went into cardiac arrest and stopped breathing. Medical personal were not able to revive him for about 18 minutes. He sustained the TBI and suffered decreased motor skill, the loss of his short-term memory, as well as reduced mobility.

Suit: Police Taser ‘heavy man’ unable to fit into squad car, WBBM, CBS Local, August 5, 2010

Watsonville man shocked by Taser, injured in 2006 wins $2.85M lawsuit against stun-gun maker, Mercury News, August 12, 2010

Related Web Resources:
Taser International

Village of Riverdale, Illinois

After spending 23 years in jail for a murder and rape he did not commit, Michael Tillman wants his day in civil court. Tillman has filed a federal lawsuit against the City of Chicago and several police officers for Chicago police brutality.

He is accusing former Chicago Police Commander Jon Burge and Sergeant John Byrne “sadistically tortured” him and his girlfriend Princess Williams after they voluntarily went to police for questioning about the murder of Betty Howard. Tillman and Howard lived in the same apartment building and her body was found in a vacant unit on July 21, 1986.

Tillman claims that he was physically assaulted, 7-up was poured into his nose, a plastic bag was placed over his head, and cigarette lighter flames were waved under his arm. His Chicago police brutality lawsuit contends that Steven Bell was brought in for questioning and tortured until he agreed to implicate Tillman and himself by making false statements.

In 1986, Tillman was sentenced to life in prison. This year, he was released from jail and a new trial was granted. He was found innocent in February.

Tillman’s Chicago police torture lawsuit claims that he suffered physical, emotional, and psychological injuries, as well as depression, boredom, despair, loneliness, range, anxiety, and fear from the police torture and the more than two decades he spent behind bars. He is also seeking damages for wrongful conviction, deprivation of a fair trial, false arrest, wrongful conviction, and other claims against Cook County, the City of Chicago, Mayor Daley, the Cook County State’s Attorney’s office, Burge, Byrne, and other Chicago cops.

Michael Tillman Suing Chicago Over Alleged Police Torture, MyFoxChicago, July 22, 2010

Alleged torture victim sues Daley, Burge, Chicago Tribune, July 22, 2010

Related Web Resources:
Innocent Burge Torture Victim Freed From Prison, CBS2, January 14, 2010

Jon Burge GUILTY: Jury Convicts Alleged Police Torturer Of Lying Under Oath, Huffington Post, June 28, 2010

According to the Chicago Tribune, since 2008 over 20 former Cook County inmates have filed Chicago police brutality lawsuits against the sheriff’s office claiming that they were shackled or handcuffed by the leg while giving birth. It is illegal in this state to shackle women during labor.

While officials from the sheriff’s office claim that no laws have been broken—per policy, a pregnant woman can be restrained until a medical official verifies that she has gone into labor—the attorney who is representing the plaintiffs, whose cases received class-action status last month, have said that the restraints on his clients were either never removed or taken off too late—as in right before delivery. He also says there have been occasions when guards have refused medical professionals’ requests that the shackles and handcuffs be taken off.

The sheriff’s office recently revised its policy so that pregnant women in custody can no longer be restrained with belly chains around the waist and shackles. They can only be handcuffed now.

About 50 women a year give birth while in custody at Cook County jail. The Bureau of Justice Statistics says that in 2004, 3% of women in federal prisons and 4% of women in state prisons were pregnant when they were admitted behind bars.

Unnecessary restraining an inmate or a suspect is a violation of human rights and can be considered an act of Chicago police brutality when imposed by a law enforcement official. Three federal courts have even ruled that shacking a woman in labor without just cause violates her constitutional protection against cruel and unusual punishment. Last month, the American Medical Association adopted a resolution that shackling women while they are in labor be prohibited. The resolution calls the practice “medically hazardous” or “barbaric.”

Illinois is one of several US states with laws that discourage this practice.

Childbirth in chains, Chicago Tribune, July 18, 2010

AMA: House of Delegates Backs Ban on Shackling Inmates in Labor, MedPageToday, June 15, 2010

Related Web Resources:
Cook County Sheriff's Office

Bureau of Justice Statistics

Continue reading "Over 20 Ex-Cook County Inmates Have Filed Chicago Personal Injury Lawsuits Claiming They Were Restrained While Giving Birth" »

Testifying under oath today, former Chicago Police Cmdr. Jon Burge denied that he abused any suspects. The allegations of Chicago police torture have followed him around for decades and he is on trial for two counts of obstruction of justice and one count of perjury related to a 2003 civil lawsuit.

Illinois statute of limitations prevent prosecutors from charging Burge with any torture allegations. He has long been accused of involvement in the torture of hundreds of poor, black prisoners, as well as the routine abuse and coercion of suspects that allegedly resulted in confessions, wrong convictions, and death sentences. He has pleaded not guilty to the charges against him.

For example, one suspect, Andrew Wilson, claimed that Burge and other detectives shocked him while he was against a radiator, causing him sustain burn injuries to his chest, face, and right leg. Wilson, who died in 2007 while serving a life prison sentence for the murders of Chicago cops Richard O’Brien and William Fahey, also accused Burge of calling the abuse “fun time.”

Burge admits that the takedown of Wilson was not a gentle one but that he ordered detectives to treat the suspect with “kid gloves.” He says that he never personally participated in the interview of Wilson or Wilson’s brother Jackie, who was also arrested for the cop slayings. He also says that he never heard any unusual sounds or screams coming from the interview room and that he didn’t notice any injuries on Wilson except for a wound that the suspect sustained when police knocked him to the ground so he could be handcuffed.

Burge claims that it wasn’t until a complaint was filed that he found out about Burge’s allegations. He admits that he laughed when he found out about Wilson’s alleged injuries and says that the wounds were superficial and not significant.

Repeated denials -- and sobs -- as Burge finally takes stand, Chicago Breaking News, June 17, 2010

Jon Burge denies torturing suspects, Chicago Sun-Times, June 17, 2010

Related Web Resources:
Police, City of Chicago

Police Brutality and Misconduct, The New York Times

Continue reading "Former Chicago Police Commander Jon Burge Denies Torture Allegations" »

Waukegan police are investigating the death of a suspect who suffered cardiac arrest after he was Tasered by police on Saturday. Jose Martinez was 53.

Details as to exactly what happened are unclear, and as of now, police are refusing to comment because they don’t want to “cloud” the probe. However, there are reports that Martinez may have been wrongly identified as a suspect when police apprehended him with a Taser.

According to a Dave’s Liquors clerk, police were called over for a panhandling incident. However, the woman says that it was another man and not Martinez who had been causing problems. Yet Martinez is the one that the police pursued in the parking lot.

After they stunned him with a Taser, they couldn’t revive him. He was taken to a local hospital where he was pronounced dead. Autopsy results indicate that he had a heart condition and that getting stunned contributed to his passing. Meantime, Martinez’s wife, Sue Martinez, wants to know why no one told her that he had died until Wednesday.

Police and Tasers
Considered less fatal than an actual gun, Tasers have led to injuries and deaths. Last December, the 9th U.S. Circuit Court of Appeals ruled that the stun gun cannot be used merely to make a non-compliant person who isn’t a threat obey a police officer’s order.

Tasers can cause electrical injuries, dart entry wounds, eye injuries, cardiac arrest, and even death. In one known Taser incident, a pregnant woman who was stunned by corrections officers suffered a miscarriage one week later. No direct causal link was discovered, but a jury still awarded her personal injury damages for the excessive use of force.

If police used unjustified force when apprehending you or someone you love, you may have a Chicago police brutality case on your hands. Not only is excessive use of police force against the law, but it is a violation of your civil rights.

Man dies after shock from police Taser, News-Sun, June 4, 2010

Court to Cops: Stop Tasing People into Compliance, Wired, January 4, 2010

Related Web Resources:
After the Zap: Taser Injuries and How to Treat Them, National Commission on Correctional Health Care

Waukegan Police Department

Continue reading "Waukegan Man Dies After Police Shock Him with Taser" »

Ronald Bell is suing Cpl. James Mandarino and the village of Streamwood for Illinois police brutality. Bell was beaten by Cpl. James Mandarino last March. The assault was recorded on a squad-car dashboard video.

Also named as a plaintiff in the Streamwood police brutality complaint is Glendale Heights resident Nolan Stalbaum, Bell’s brother, Stacey Bell, and sister-in-law, Sheila Bell. Stalbaum, 38, was with Bell that night, and he was Tasered by Mandarino. The incident took place in the Bells’ driveway.

According to the Cook County brutality lawsuit, Mandarino apprehended Bell and Stalbaum on March 28. The police officer had reportedly been following them because he had heard squealing tires.

Footage shows the police veteran exiting the vehicle, pointing the gun at the Bell, and assaulting both men even though neither of them attempted to resist arrest. Mandarino allegedly beat Bell about 15 times with a baton, striking his neck, face, shoulders, and arms. He also shocked Stalbaum twice with a stun gun. The two men were hospitalized for their injuries. While they were charged with resisting arrest (there is no evidence of this on the video) and Bell was also charged with DUI and reckless driving, all charges against them have since been dropped.

The 10-count federal lawsuit also names other Streamwood officers as defendants. They are accused of false arrest, failure to intervene, imprisonment, conspiracy, malicious prosecution, denial of medical attention, and intentional infliction of emotional harm following the police assault incident.

The Cook County state’s attorney has charged Mandarino with official misconduct and aggravated battery. He was placed on paid administrative leave last month. A grand jury indicted him last week. Bell and Stalbaum are seeking compensatory and punitive damages.

Streamwood cop charged with beating driver in traffic stop, The Daily Herald, May 28, 2010

Alleged witness describes cop beating victim, ABCLocal, April 16, 2010

Related Web Resources:

Police Brutality and Misconduct, New York Times

Village of Streamwood

The Chicago City Council has approved a $16.5 million settlement for a federal civil rights lawsuit accusing the Chicago Police Department of abusive acts. The city of Chicago will pay $15 million of the settlement, and an insurer will cover the rest.

The plaintiffs, who filed their Chicago police brutality lawsuit in 2004, contended that they had been the victims of an "institutionalized system of police torture.” Among the police abuse acts that they say they were subjected to: not being given enough water or food, insufficient bathroom breaks, being chained to a metal bench or wall, and no proper bedding when detained in lockup overnight. The Chicago police brutality lawsuit likened these methods to the "soft torture" tactics used outside the US to elicit involuntary confessions from suspects.

The plaintiffs had originally sought $100 million. Now over 500,000 people may be eligible to receive compensation. Cash awards will depend on how many people apply for awards and the specifics of each of their police abuse incidents.

Up to 12,000 people who were arrested without warrants between March 15, 1999 and Feb. 10, 2008 and not given probable cause hearings within 48 hours may be entitled to compensation. Up to 2,000 people who were placed in interview rooms without a pad or mattress between October 21, 2001 and March 10, 2010 also could be eligible. Approximately 50,000 people who were held in lockups through the night without bedding to sleep on between October 21, 2001 and March 10, 2010 may be entitled to $90 each.

In the wake of this Chicago, Illinois police brutality complaint, the Cook County Circuit Court put in place a “duty judge” to make sure that probable cause hearings occur within 48 hours. Also, people held in interview rooms or in lockup overnight must now be provided with a padded mat, and anyone who is detained must be allowed adequate bathroom brakes and given enough meals.

City Council moves to settle police mistreatment lawsuit, Chicago Tribune, May 10, 2010

Illinois: Chicago Reaches Deal in Lawsuit Claiming Police Abuse, The New York Times, May 12, 2010

Related Web Resources:
Chicago Police Department

Civil Rights, Police Brutality, Positive Universe

Continue reading "Chicago to Settle Police Torture Lawsuit for $16.5 Million " »

A federal appeals court has upheld Kevin Fox’s civil rights violation claim that Will County Sheriff’s Detectives falsely arrested him for the murder of his 3-year-old daughter. Kevin was charged with the first-degree murder and sexual assault of Riley Fox after she disappeared from their Wilmington home in 2004.

The little girl’s body was found in a creek. Kevin, who implicated himself while being interrogated says that he made his statement during a 14 ½ hour overnight session. He ended up in jail for eight months before DNA evidence cleared him. Riley’s murder case has yet to be solved.

Kevin and his wife Melissa sued the Will County sheriff’s office for civil rights violations in 2007. Allegations included wrongful imprisonment and false arrest. The couple’s Chicago attorney has accused police of knowing Kevin was innocent and framing him.

In 2007, Kevin’s brother Chad described how male family members gave DNA samples and underwent polygraph tests to assist in the investigation into Riley’s murder. He said that Will County authorities did not test the evidence.

You can sue police for civil rights violations, including:

• False arrest
• Wrongful conviction
• Police misconduct
• Failure to protect
• Police brutality
• Police negligence
• Recklessness during police pursuit
• Neglect of a prisoner
• Taser injuries
• Malicious prosecution
• Failure to intervene

Just because you are a suspect or under arrest for a crime does not mean that your civil rights should be tossed to the wayside or that you should become a victim of Will County, Illinois police brutality. Unfortunately, many people are too scared to speak out or are not aware that their civil rights were violated.

Brother and mother testify in Kevin Fox lawsuit, ABC Local, November 8, 2007

Court: Fox falsely arrested for Riley’s death, Morris Daily Herald, April 8, 2010

Related Web Resources:
Will County Sheriff's Office

The US Constitution, Cornell.edu

Two men are suing the city of Chicago for police brutality that they claim occurred outside Arturo’s Tacos on the North Side in Bucktown. Matthew Clark, a University of Chicago Ph.D., and Gregory Malandrucco, a Ph.D. candidate, claim that uniformed and plainclothes officers beat them because they had unintentionally blocked the cops’ way to the restaurant cash register. The police officers then allegedly left the victims in the parking lot and did not attempt to call for medical help.

The plaintiffs say that the Chicago police brutality incident happened on February 6 at around 3am. The two Chicagoans had gotten up to leave after eating at Arturo’s when they came into conflict with one female plainclothes cop and two male plainclothes police officers. Per the Chicago injury lawsuit, one of the male cops pushed Malandrucco because he was blocking the way to the exit or cashier.

The cops then allegedly waited for the men outside the restaurant. The officers started aggressively yelling at the them and one of the cops began punching Clark while the other officers held him down until he became unconscious. More cops reportedly arrived in police cars and assisted in the alleged police beatings. Malandrucco, who was also assaulted, suffered facial wounds. The two victims said that the Chicago cops then told them to forget the assault.

The plaintiffs each sustained multiple injuries, were forced to miss work, and incurred thousands of dollars in medical expenses. Clark has visible scars on his face from the alleged excessive use of police force. Their Chicago, Illinois personal injury complaint claims that two surveillance cameras captured footage of the excessive use of police force. Malandrucco and Clark are seeing unspecified damages.

Chicago Police Brutality
It is outrageous that any police officer would use unnecessary force on anyone—whether for absolutely no reason or under the guise of doing the job. Even if you were arrested, charged, or convicted for a crime, there is no reason why you should become a victim of Chicago, Illinois police brutality.

Suit: Cops Beat Men Outside Taco Restaurant, MyFoxChicago.com, March 23, 20010

Cops Beat Us Unconscious: Suit, NBC Chicago, March 24, 2010

Related Web Resources:
Chicago Police Department

City of Chicago

Candice Williams is seeking $50 million in compensatory damages and $50 million in punitive damages for the death of her unborn fetus. Williams was a pregnant high school senior in 2008 when police allegedly used excessive force to drag her from Crete-Monee High School, push her to the ground, and knee her back.

Williams says that because of the incident, the fetus she was carrying did not survive. She filed her Will County wrongful death lawsuit last year.

Now, Williams is accusing one of the school security guards who participated in her arrest of being prejudiced. Williams is black. The guard, Marilyn Reid, is white. In court documents filed in Chicago yesterday, Reid is accused of using the “n-word” when dealing with a black suspect and of showing a paper version of a Ku Klux Klan mask to a black co-worker.

Williams says problems with the school’s security team began when she and other schoolmates complained to the school superintended about the inadequate security at the school. She claims that while waiting for a bus at around 5:30 on April 3, 2008, Reid and another guard ordered students to exit the building. The plaintiff says she went toward the exit but waited in a vestibule because she was anemic, pregnant, and cold. A teacher accused her of trespassing and asked the guards to contact the authorities.

When police officers arrived, Williams claims that Reid pointed toward her, and the cops pushed her. She says that they were told she was pregnant, but that didn’t stop Officer Richard Pasquini from using his knee to strike her in the back. He also allegedly threatened to Taser her. The following day, Williams learned that her 9-week-old fetus did not have a heartbeat. She also says that her college scholarship was taken away.

The officers have denied using excessive violence when apprehending Williams, who was charged with trespassing. She was later found not guilty.

Illinois Police Brutality
If you were the victim of excessive use of force by police, you should explore your legal options for filing an Illinois police brutality claim immediately. Even if the officers deny using violence and no formal charges are filed against them, your Will County, Illinois police brutality lawyer may be able to prove liability and negligence so that you can obtain the injury compensation owed to you. Verbal abuse, sexual assault, physical violence, psychological violence, and emotional abuse are just some examples of police violence. Not only is Chicago police brutality a violation of your civil rights but it can lead to personal injury and wrongful death. If your injury occurred on someone else's property, you may have grounds for filing a Chicago premises liability lawsuit.

Suit: Arrest killed fetus, Sun-Times, February 10, 2010

Related Web Resources:
Crete-Monee High School

Top 5 Police Brutality Videos

The family of Juan Robles is suing the Chicago police for his Illinois wrongful death. Robles, 28, was shot last September 27 during a police pursuit in Ashburn.

The deadly incident occurred at around 11:55 pm. Police say they spotted a vehicle on South Kedzie Avenue that they believed was involved in a weapons violation. They tried to pull the car over but Robles wouldn’t stop and proceeded to accidentally strike two vehicles, causing his car to become disabled.

Police say that Robles was carrying a handgun when he excited the vehicle and tried to run away. The officers started chasing him on foot. They claim that Robles then turned around, pointing the gun at the cops. That is when police fatally shot him.

One officer injured his arm during the police pursuit. However, the cop's injury was not a gunshot wound.

Now, Robles’s family is seeking at least $100,000 and claiming Chicago police brutality. They say that the officers that chased after Robles used excessive force and neglected to provide him timely medical attention after they shot him in the back multiple times.

The Independent Police Review Authority is investigating the deadly shooting but has yet to release their findings.

If your loved one was injured, abused, or killed by Chicago police, it is a good idea to speak with a Cook County police brutality law firm to determine if the incident is grounds for an Illinois injury complaint or a wrongful death lawsuit. Police are never allowed to use excessive force at any time.

Suit filed over police-involved fatal shooting, Chicago Breaking News, January 26, 2010

Police shoot, kill armed man on Southwest Side, Chicago Breaking News, September 27, 2009

Related Web Resources:
Independent Police Review Authority

Chicago Police, ClearPath

More than three years after police allegedly assaulted then-15-year-old Gavin Farley while arresting him in October 2006, the city of Park Ridge and the plaintiff have agreed on a $185,000 Cook County police brutality settlement.

According to the Cook County, Illinois injury complaint, a Park Ridge cop slammed Farley’s head to the ground while another officer punched the teenager’s head and face while arresting him after he and another teenager ran from police. A projectile had been used to break the window of a vehicle that an off-duty cop was driving. Police found the boys hiding close to the cemetery.

Farley was charged with two counts of reckless conduct, curfew violation, resisting a cop, underage drink, and two counts of criminal damage to property. Farley’s companion reportedly confessed that the two of them shot at the windows. The criminal case against Farley was resolved in juvenile court.

However, just because someone has been apprehended for allegedly committing a crime does not give police the right to assault him/her or use excessive force in any other way. Farley’s Cook County police brutality complaint contends that the plaintiff sustained injuries from the alleged assaults. Also, the lawsuit says that a request by his parents to file a complaint against the Park Ridge police department for battery was denied. City of Park Ridge and four of its police officers are among the Illinois injury defendants.

Meantime, the defendants’ attorney called Farley’s accusations of police violence unfounded. He says by settling, they are not admitting guilt.

Cook County Police Brutality
Unfortunately, there are cops who abuse their authority by using excessive force when doing their job. Physical violence, verbal violence, emotional violence, sexual violence, and psychological violence are all forms of police brutality. Police officers must not only follow the law, but they too must be held accountable when they break the law.

Many victims of police violence are too scared to report what happened to them. You may be entitled to Chicago, Illinois injury compensation.

Park Ridge Police: Police brutality case settled for $185K, Park Ridge Herald-Advocate, January 12, 2010

Related Web Resources:
City of Park Ridge, Illinois

Communities United Against Police Brutality

The families of two 12-year-olds are each suing the Kankakee School District 111, the city of Kankakee, two teachers, and a Kankakee police officer for $10 million after the boys were Tasered during an unauthorized school demonstration at Kankakee Junior High School, which is located about 60 miles from Chicago. An Illinois injuries to minor lawsuit filed by the family of a third boy is seeking $33 million. Police have placed Officer Lonnie Netzel on administrative leave following the alleged incident.

Netzel is accused of stunning the students with a Taser after they volunteered for the demo. One of the boys has a heart murmur. His mother took him to a hospital emergency room as soon as she found out about the Taser incident. The boy’s mother says this was not the first time the cop had used the stun gun on students. School officials and police, however, will not verify her claim. Some of the plaintiffs are claiming that racism was involved.

Tasers are used to apprehend suspects. Consider a less lethal alternative to shooting someone, the electrical shocks meant to incapacitate its target are painful and have been known to cause serious injury and even death. They definitely should not be used without just cause. Using a Taser to apprehend someone who could’ve been apprehended in a less painful manner is considered excessive use of force and may be grounds for a Chicago injury lawsuit.

Just last month a Chicago man filed a Cook County police brutality lawsuit against LaGrange Park and Brookfield cops. Prospero David Lassi claims he was shocked 11 times because he accidentally hit a police officer while having a diabetic seizure. The cops were supposed to be helping paramedics move him. Lassi says he sustained permanent scars, including a facial injury, as well as musculoskeletal and neurological injuries. He says that because of the police assault, he was unable to work for several months.

School is back on for some students, The Daily Journal, January 17, 2010

Lawsuit alleges excessive force, PioneerLocal, January 5, 2010

Related Web Resources:
TASER Danger?, CBS News, October 12, 2004

Kankakee School District 111

A man who says that he broke his kneecap when he was “body slammed” by police on Christmas Eve has filed a Chicago police brutality lawsuit against the city. John Preston Jr. says he is a victim of illegal seizure and excessive force.

In his Chicago police brutality complaint , he says that an unidentified police officer who arrived at the scene of an altercation he was not involved in grabbed him as he and his cousins walked back to his car after attending a holiday party. Preston claims that he was held from behind, placed in a choke hold, and slammed against a parked vehicle. The police officer allegedly said “I told you to leave the scene.” Preston then fell and sustained a broken kneecap and a torn medial collateral ligament.

Preston is alleging unlawful seizure, failure to intervene, assault, indemnity, intentional infliction of emotional distress, battery, and failure to provide medical attention. He says he cannot work his two jobs because of his injuries and continues to receive medical care at a Cook County hospital. Preston is seeking compensatory and punitive damages, as well as legal fees, medical costs, and additional relief.

Chicago Police Brutality
Chicago cops are not allowed to use excessive and unnecessary force when apprehending a suspect or guarding a defendant or a prisoner at any time. Police who engage in Chicago police brutality are violating Section 1983 of the Federal Civil Rights Act, which allows victims to sue state actors for the violation of their civil rights. You can receive financial compensation for the pain, suffering trauma, humiliation, and Chicago personal injury that you endured.

Suit: Cop 'body slammed' man outside Christmas party, Chicago Sun-Times, January 11, 2010

Cop Gave Me Busted Knee for Christmas: Lawsuit, NBC Chicago, January 12, 2010

Related Web Resources:
§ 1983. Civil action for deprivation of rights, Cornell University Law School

Chicago Police Department

Jonathan and Ashley Cooper are suing the city of Chicago and Chicago police for Illinois police brutality. The ex-Bellwood cop and his spouse were arrested on January 29 while they were doing maintenance on a foreclosed home.

A neighbor who thought they were burglars contacted 911. The police came, arrested the couple, and they were transported to the 8th Police District precinct where Ashley was strip-searched. They were later released from jail. No charges were filed against Ashley. Meantime, Jonathan was charged with weapons violations because he had a gun in his auto and burglary.

In June, a judge threw out the arrest. The Cook County State’s Attorney’s office is not pursuing the case and prosecutors also dropped the weapons charge against Jonathan.

The Coopers’ Chicago police brutality lawsuit claims the couple was arrested under false pretenses. In the complaint, the couple said that police arrested them even after seeing their work order that gave them permission to be on the premise.

They are also accusing a Chicago cop of giving false testimony under oath when he said he did not see the work order and that there was a loaded gun on the floor of the couple’s vehicle. The Coopers say that Jonathan legally owns the weapon. They maintain that the gun was disassembled and its magazine was stored in the glove compartment.

The Coopers are seeking at least $50,000 in damages.

False Arrests
Arresting someone without just cause can be grounds for a Chicago police brutality lawsuit. Cops are not allowed to use excessive force or abuse their authority when doing their job. Making a false arrest is a violation of a person's civil rights.

Suit: Couple mistaken for burglars while performing house repair, WBBM, December 30, 2009

City, cops sued in false-arrest claim, Chicago Sun-Times, December 31, 2009

Related Web Resources:
Chicago Police Department

City of Chicago

Police Brutality and Misconduct, New York Times

Nearly eight months after a Chicago police officer allegedly struck teenager Oscar Guzman in the head with a baton, 17-year-old’s family has filed a civil lawsuit in court alleging Chicago police brutality. The defendants in the case are the City of Chicago, the two officers involved in the alleged assault, and the Independent Police Review Authority.

Guzman has autism. According to a police report, Chicago cops who saw him standing on a Little Village street thought he could be armed because he gestured toward his waist and ran off. They chased him into his family’s restaurant, where he worked, and tried apprehending. Guzman hit the cop’s chest. The cop then tried hitting him on the shoulder but struck his head instead. The officers were patrolling the area because of gang activity.

Guzman’s family, however, says the teenager did not strike the officer. They also claim that the cop hit the boy on the head even though family members at the scene explained that he had special needs. Because of his autism, Guzman walks away from circumstances he does not understand.

The Chicago police brutality complaint also claims that the Independent Police Review Authority, which is tasked with investigating complaints against Chicago cops, employs methods that are biased toward police officers.

Guzman was never charged with committing any crime. He did, however, need eight stitches to sew up the injury he sustained on his head. His family says he was emotionally traumatized by what happened and his sister Nubia is now afraid of police and suffers from night terrors.

Chicago Police Brutality
Our society is no longer ignorant about people with special needs. Like everyone else, special needs individuals have civil rights that should be upheld. Police brutality of any kind is a violation of one’s civil rights.

Even if a police officer isn’t charged with excessive use of force, you still may have grounds for filing a Chicago police brutality lawsuit against the offending cop.

Autistic teen's family sues officers over injury, Chicago Tribune, December 8, 2009

Family Sues Over Alleged Police Beating Of Teen, CBS2, December 7, 2009

Related Web Resources:
Police Brutality Cases Have Cost Chicago $20 Million, The Huffington Post, May 20, 2009

Communities United Against Police Brutality

The sister of 15-year-old Kiwane Carrington is suing the Illinois city of Champaign and police officer Daniel Norbits for his wrongful death. Kenesha Williams is the representative of her brother’s estate. In her Illinois wrongful death she is alleging police brutality.

The Illinois wrongful death complaint accusing Norbits of shooting the teenager in the chest even though he wasn’t armed and did not pose a threat to the defendants His friend, 16-year-old Jeshuan Manning-Carter faces juvenile delinquency charges of aggravated resisting arrest. The alleged Illinois police brutality incident occurred on October 9. Carrington was well acquainted with the residents of the home where he was shot by police. He stayed the night there often.

Norbits is currently on administrative leave. Finney remains on the job.

Norbits and Champaign Police Chief R. T. Finney were inspecting a possible burglary when the tragic shooting happened. On Tuesday, Julia Rietz, the State’s Attorney for Champaign County issued a report that determined the police shooting was an accident. No criminal charges will be filed.

Champaign officials have vowed to conduct an independent, internal probe into Carrington’s shooting. They are also asking the Federal Bureau of Investigation to conduct an external review of the tragic accident.

Local officials have promised to provide improved police training and work towards cultivating a better relationship between the city’s cops and the black community.

Illinois Police Brutality
Police officers are not allowed to shoot anyone without just cause or provocation. Any kind of excessive use of force, whether physical, verbal, or emotional, is police brutality. A victim of police violence may be entitled to Illinois personal injury compensation.

Other Examples of Chicago, Illinois Police Brutality:

• Illegal or false arrests
• Sexual assault
• Racial profiling
• Intimidation
• Threats
• Molestation
• Rape

Officer won't face criminal charges in Carrington death, The News-Gazette, December 9, 2009

Champaign Police Wants External Review of Carrington Shooting, Illinois Home Page, December 10, 2009

Related Web Resources:
State's Attorney's Report on Death of Kiwane Carrington, Daily Illini, December 9, 2009

Champaign Police Department

42 people are now suing Chicago police Officer Richard Fiorito for making false DUI arrests. The plaintiffs are accusing the Chicago cop of targeting gay and disabled people and abusing and harassing them while falsely arresting them for drunk driving.

A Cook County grand jury has been investigating the allegations against Fiorito, who was ordered to use surveillance equipment because of the complaints. So far, he has not been indicted.

Footage shows him following a vehicle driven by Christopher Quinn in June. Fiorito wrote in his police report that the suspect was “driving recklessly” and he arrested Quinn for DUI. The criminal charge against Quinn was dropped, however, because the video did not show what Fiorito reported.

Video also shows Fiorito arresting Michael Vaughn because he allegedly failed sobriety tests. A judge lifted the suspension against Vaughn’s license last week.

Despite the allegations and questions about Fiorito’s trustworthiness, Cook County prosecutors keep using him as a witness in DUI cases.

Making a false arrest is a violation of one’s civil rights and can be grounds for a Chicago police brutality lawsuit. Recently, Clinton Ware filed her own Chicago police misconduct complaint. Ware says that Officer Joe Parker falsely arrested her for DUI so he could appear in court and receive overtime pay. The charges against Ware have been dropped.

Meantime, Parker has resigned. He is ranked #8 in Illinois among cops who issue the most DUI citations. Chicago officer John Hale is number one on the list of DUI cops. He made 718 arrests between 2005 and 2006. He served as witness in hundreds of Chicago DUI cases and was eventually indicted for misconduct, perjury, and obstruction of justice. Fiorito has also been accused of trying to earn overtime pay with his allegedly bogus DUI arrests.

Cop sued for alleged false DUI arrests, ABC Local, November 5, 2009

Chicago Police Accused of Making False DUI Arrests to Earn Overtime Pay, All Gov, November 5, 2009

Dozens join lawsuit against Chicago police officer, The Spectator, October 8, 2009

Related Web Resource:
Chicago Police

The Independent Police Review Authority is reporting a nearly 19% increase in the number of complaints alleging Chicago police misconduct. The rise began in March when the number of complaints went up from about 2,300 complaints every three months to 2,600 complaints and then approximately 2,800 complaints.

According to IPRA Chief Administrator Ilana Rosenzweig, it is not known at this time whether the increase in the number of complaints is a result of more incidents involving “perceived misconduct,” more people willing to report the allegations, or more “aggressive policing.”

Our Chicago police brutality law firm wants to remind you that police violence, including excessive use of force when apprehending a suspect or guarding a prisoner, is never acceptable and can be grounds for a Chicago, Illinois injury lawsuit against the liable parties. Unfortunately, many people are scared to report incidents of police misconduct and abuse. Chicago police brutality is illegal and offending officers should be prosecuted.

Tracy Siska, who runs the Chicago Justice Project, says the Independent Police Review Authority or internal affairs is usually tasked with investigating complaints of police misconduct. The majority of cases are tossed out. The remaining cases are sent to Chicago’s Police Superintendent.

When the Chicago Police Superintendent wants to fire a cop, the Chicago Police Board must approve the decision. However, according to a Chicago Justice Project study released last week, the board normally overrules the superintendent in 2/3rds of the cases involving a firing decision.

Chicago Police Brutality Lawsuits
Even if the police officer that abused you is not punished in criminal court or fired from his or her job, you can still hold the offending cop liable in civil court.

Study: Police Board Doesn't Fire Many Cops, WBEZ.org, October 29, 2009

Police misconduct allegations up almost 19%, Chicago Tribune, October 30, 2009

Related Web Resources:
Chicago Police

Chicago Justice Project

Continue reading "Chicago Police Misconduct Allegations Increase by Nearly 19% " »

A jury has awarded a Chicago Traffic Management Authority supervisor over $1.5 million for police brutality. Jacqueline Fegan had accused four Chicago cops of causing her permanent injury on May 18, 2006 when she was handcuffed and thrown into a police motor vehicle because she wouldn’t toss out a parking ticket.

Fegan claims that Officer Robert Reid was angry because she wouldn’t cancel a parking ticket for his personal auto that was issued while he responded to a police call on Chicago’s Magnificent Mile. Fegan supervises parking-meters.

As she returned to her car, Reid allegedly said “You people better never meet us… even jaywalk.” Fegan says she was then handcuffed and arrested for jaywalking. She claims Reid allegedly pulled her arms back before cuffing her.

Fegan, who underwent wrist surgery, is on unpaid medical leave.

Fegan filed her Chicago police brutality lawsuit against the city, Reid, Michael Drew, James Young, and Dennis Doherty. In her complaint, she alleged imprisonment, false arrest, intentional infliction of emotional trauma, and battery.

The jury awarded her $1.25 million for emotional distress and over $300,000 for lost wages and medical expenses.

During the Chicago injury trial, attorneys representing the cops accused Fegan of being the one to throw around her authority. They she was arrested after shr walked into traffic on Magnificent Mile.

Chicago Police Brutality
Many people are afraid to report incidents of Chicago police brutality. The victims are scared of the repercussions or may not even know that what the officer did was wrong. Chicago cops are never allowed to use excessive force when dealing with civilians, including suspects or prisoners.

Chicago cop accused of false arrest over his parking ticket, Chicago Tribune, October 9, 2009

Traffic aide awarded more than $1 million in arrest for ticketing cop's car, Chicago Sun-Times, October 23, 2009

Related Web Resources:
Chicago Police Department

Chicago Meters

Lisa Hofstra, who is a charge nurse at the emergency room in Advocate Illinois Masonic Hospital, is suing the city of Chicago and one of its police officers for police brutality.

Hofstra says she was working in the emergency room at around 4am when the police officer asked her to perform blood work on a person who was apprehended for drunk driving. The charge nurse says she told the cop that the suspect had to be checked in to the hospital first.

The officer, who at first left the emergency room, came back and handcuffed her in front of coworkers before taking her to his police vehicle. Hofstra says she sat in the cruiser for about 45 minutes while the situation was resolved. Surveillance footage shows the police officer smiling while standing outside the police car that Hofstra was sitting in.

Hofstra says that because the cuffs on her wrist were too tight, she had to receive medical treatment after she was released.

Hofstra says that she wasn’t trying to prevent the Chicago cop from doing his job, she was just following procedures. She was in charge of triage on the morning of her arrest. This means it was her job to determine which patients were in most urgent need of medical attention.

Hofstra says she filed her Chicago police brutality lawsuit, over what her attorney is calling a “false arrest,” to stand up for nurse’s rights.

False arrests occur when someone is physically arrested without basis. This may include arresting someone even though there is no probable cause or evidence that a crime has been committed, arresting the wrong person, or arresting someone without a warrant. Making a false arrest is a violation of a person’s civil rights.

In July, 10 people filed Chicago false arrest lawsuits against a former cop for falsifying information in order to make DUI arrests. Joe D. Parker enjoyed a reputation as an enforcer of drunk driving lawsuits before he retired from the Chicago police department. Five other civil rights violation lawsuits were filed against him earlier in the year.

Prosecutors have dropped dozens of arrests made by Parker. Some 156 other DUI arrest cases involving officer John Haleas also were dropped.

Unfortunately, there are Chicago cops who do commit acts of police brutality and other civil rights violations. You may not have any control over whether criminal charges are filed, but you can file a Chicago police brutality lawsuit for damages.

ER nurse sues cop for handcuffing her during dispute over drawing suspect's blood, Sun-Times, September 21, 2009

Does video catch Chicago cop in DUI lie?, Police One, March 12, 2009

Related Web Resources:
Chicago Police Department

City of Chicago

Police Brutality

City Hall has not approved a new police that would allow Chicago police officers to shoot weapons at felony suspects during police pursuits. The new rule allowing the use of deadly force was supposed to go into effect on August 3, but now Mayor Daley says that the rule has yet to be implemented and a review process of policy is currently taking place.

Late last month, Police Committee Chairman Isaac Carothers presented an ordinance requiring that the City Council approve this change or any change involving police officers’ use of force. He noted that the city has spent millions of dollars over cases involving police brutality, including false arrest, wrongful imprisonment, and excessive force.

In 1999, Chicago police shot to death two civilians in motor vehicles within less than 24-hours. Both of them were unarmed. On June 4, 1999, 26-year-old La Tanya Haggerty was shot and killed by police while police were pursuing a car driven by Raymond Smith that she was a passenger in. Chicago police officials had not authorized the pursuit. The case cost the city $18 million.

Hours later, police fatally shot 22-year-old Robert Russ, a Northwestern University senior and football player during a traffic stop. Police had pursued him for three miles. That case involving excessive force cost the city of Chicago more than $9.5 million.

Chicago Police Brutality
Excessive force initiated by Chicago police officers has long been an issue of concern. In 2007, the University of Chicago issued a report called “The Chicago Department’s Broken System” noted that Chicago cops are named in more police brutality complaints per police officer than the national average. The report also found that the Chicago Police Department is a lot less likely to pursue police brutality cases compared to other police forces.

At that time, the national average for excessive use of police force among large police departments was 9.5 for every 100 full-time cops. Chicago has 13,500 full-time police officers. From 1999 – 2004, there were 1,774 Chicago police brutality complaints a year filed against Chicago cops. From 2001 to 2006, under 5% of the department was accountable for nearly 50% of the complaints.

Police need City Council's OK to change rules for using deadly force, Chicago Sun-Times, July 29, 2009

Chicago Police Abuse Cases Exceed Average, NY TImes, November 15, 2007

Related Web Resources:
Chicago Police Department

Police Brutality

Continue reading "Chicago Police Brutality: Should Law Enforcement Officers Be Allowed to Fire Guns At Felony Suspects Driving Off in Motor Vehicles" »

In Illinois, the family of Marcellus Perry has filed a police brutality lawsuit against the Chicago police for his wrongful death. Perry was shot in the head by a police officer on June 11 during a foot chase.

Perry was riding in a car when two Chicago cops stopped the driver, Perry’s friend, for a traffic violation. Some witness accounts report that the cops drew their weapons fairly quickly and that is when Perry ran from the scene.

Police claim that the shooting was an accident and that Perry struck one of the cops, causing the police offer’s weapon to accidentally go off and strike the 22-year-old. Perry’s family is disputing the Chicago police’s account of what happened. There are witnesses that say that one of the Chicago police officers reportedly shot Perry while he had his back to the cop.

The Chicago police brutality lawyer representing Perry’s family says that Perry did not have any drugs or weapons on him at the time of the shooting.

Perry, who has two drug possession convictions on his criminal record, had just served half of a 3-year prison sentence at the Cook County Jail. He was on probation at the time of the police shooting. Perry’s mother, Desiree Barnes, says that her son was scared of police.

Police Brutality
Chicago police officers must never use excessive violence when questioning or apprehending a suspect. They also must never inflict unnecessary harm on someone by using excessive force—especially when that person does not pose a threat to them.

Over the years, there have been too many incidents of people getting hurt or abused because certain Chicago police officers used unnecessary measures when questioning a suspect, trying to make an arrest, or when persons have been in police custody. Just last month—in an unrelated case—the Chicago Explainer reported that the city had already approved $19.8 million in settlements for claims filed by just 4 out of the over 100 men who say they were tortured while in police custody during the 1980’s.

Family of man fatally shot by Chicago cop files lawsuit, Chicago Tribune, June 18, 2009

Family of slain man suing CPD, ABCLogal.go.com, June 18, 2009

How much has the city of Chicago paid out to victims of police torture?, Chicago Explainer, May 19, 2009

Related Web Resources:
Chicago Police

30 Cases of Extreme Police Brutality and Blatant Misconduct, Brainz.org

Chicago Police Officer William Cozzi has been sentenced to 40 months in prison for the 2005 beating of a man that he had shackled to a wheelchair. The assault was caught on videotape.

In January, Cozzi pleaded guilty to the federal charge of excessive use of force against Randy Miles, a 60-year-old Norwegian American Hospital patient. Cozzi used a sap to strike Miles numerous times in front of hospital workers, security guards, and members of the public. The video also shows the Chicago police officer chaining Miles’s leg to a wheelchair.

Miles, who went to the hospital because of a stab wound, was reportedly verbally abusive to officers and uncooperative with hospital workers. He may have been intoxicated. Miles was charged with resisting arrest even though the video doesn’t show him resisting.

A state court initially ordered Cozzi to serve probation after he pleaded guilty to a misdemeanor charge over the Chicago police brutality incident. He was suspended from the police force for two years. However, Chicago Police Superintendent Jody Weiss decided to involve federal authorities and they went on to indict him. Cozzi is scheduled to begin serving his prison sentence in August. The 40 month sentence is less than the 6 – 8 years that the federal government recommends.

Last year, the city of Chicago settled a police brutality lawsuit filed by Miles over the incident.

Chicago Police Brutality
Excessive use of force by police is unjustified. Police brutality can lead to serious personal injuries, including the violation of the victim’s civil rights. While this Chicago police brutality case is one that the authorities did not ignore and Cozzi was held accountable in criminal court, many reports of police violence are ignored or disregarded.

Cop gets 40 months in videotaped beating, Chicago Breaking News, June 11, 2009

Former Chicago cop William Cozzi sentenced to 40 months, Sun-Times, June 11, 2009

Related Web Resources:
Police Torture in Chicago, Chicago Reader

Police Brutality Cases Have Cost Chicago $20 Million, The Huffington Post, June 11, 2009

Continue reading "Chicago Police Brutality: Cop Gets 40 Months in Prison for Beating Man He Shackled to Wheelchair" »

The mother of a teenager who was Tasered by police has settled her Illinois police brutality lawsuit over his wrongful death. Roger Holyfield, 17, died in October 2006 following an altercation with police. The Illinois wrongful death lawsuit filed by Rita Cummings names the Jerseyville Police Department and the city of Jerseyville as defendants.

Court documents indicate that Holyfield was shouting “I want Jesus” and carrying a Bible when police approached him. The cops claim the boy became combative.

According to the police brutality complaint, Jerseyville cops used excessive and unreasonable force when they arrested Holyfield without sufficient cause. The complaint contends that he was handcuffed, armed, and on the ground facedown when police officers Tasered him a number of times.

Holyfield started throwing up. He was rushed to the hospital and died on the way there. According to the medical examiner, his died from natural causes as a result of excited delirium. His family, however, says that he died because of police brutality and the use of the Taser.

Excited delirium has been cited as a cause of death by people who were acting in a hyperactive or erratic way before dying while in police custody. It is a state that is often noted after a person has been Tasered by police and only shows up as a cause of death when the person was restrained. A special prosecutor who investigated Holyfield's case, however, says the two Jerseyville cops that confronted the teenager are not criminally liable for his death.

Use of Tasers by police to apprehend suspects has generated some controversy in light of the fact that some suspects have died after they were stunned by Tasers. Amnesty International says that Taser use is a factor in at least 350 fatalities. In December 2008, Amnesty reported that about 90% of Taser-elated deaths involving police were suspect who did not seem to pose a threat.

Illinois Police Brutality
Police are never allowed to use excessive force of any kind when questioning, apprehending, arresting, or guarding a suspect or a defendant. If you feel that you are a victim of police brutality, you may have grounds for filing a Chicago personal injury lawsuit.

Illinois mother settles stun gun wrongful death lawsuit, Justice News Flash, May 4, 2009

Settlement in Ill. teen death involving stun gun, Chicago Tribune, May 3, 2009

Taser Abuse in the United States, AmnestyUSA.org

Related Web Resource:
Less than Lethal, Amnesty USA (PDF)

In Chicago, the family of an autistic teenager is accusing a local police officer of hitting their son. They say that 16-year-old Oscar Guzman was standing on the sidewalk outside his family’s fast-food restaurant in the Pilsen area on Wednesday night when he was questioned by two Chicago cops.

Because Guzman has autism, he wasn’t able to comprehend the questions and began walking away from the Chicago police officers. The cops went after him, and Guzman fled into the restaurant, shouting out that he is a “special boy.” His parents also told the cops that Guzman had special needs.

Despite their explanations, one police officer reportedly struck Guzman in the head with a baton and eight staples had to be put on his gash. His parents say they saw the Chicago police brutality attack. Guzman, who has mild autism, has the mental faculties of a 5th grader.

The Chicago Police Department is investigating the civil rights violation allegations. Guzman’s family says they may file a police brutality lawsuit against the cops.

The alleged Chicago police beating took place at a time when the police department is promoting its award-winning Crisis Intervention Team, which trains officer to be cognizant of citizens with disabilities or mental illnesses.

Autism
• 1 out of 160 children are diagnosed with autism.
• Police offices are seven times more likely to interact with a person who is developmentally disabled than a member of the general public.
• Certain characteristics associated with autism, such as ignoring questions and avoiding eye contact, are also the signs that officers are trained to watch out for when examining suspects.
• People with autism tend to be very sensitive and merely touching an autistic person can aggravate them.

Unfortunately, this is not the only incident in the US involving allegations that a police officer used excessive violence on someone with autism.

• A 12-year-old boy reportedly was Tasered by police because he refused to line up to have his picture taken.
• A local police chief yelled out to a crying autistic girl and her mother to leave a restaurant.

Family claims Chicago police officer beat autistic teenager, Chicago Tribune, April 25, 2009

Police Chief Orders Crying Autistic Child And Mother To Leave Restaurant, The Consumerist, July 14, 2008

A 12-year-old autistic boy got tased for making trouble at school, PoliceBrutalityInfo, March 3, 2009

Related Web Resources:
Autism Society of America

Chicago's finest under fire for brutality, CNN.com, September 28, 2007

Continue reading "Chicago Police Officers Accused of Beating Autistic Teen" »

In Illinois, a man who says that two Alton police officers beat him so severely that he sustained brain damage is suing the two cops, the city of Alton, and the Alton Police Department for personal injury. Russell K. Cox is seeking over $300,000 plus additional relief.

The Godfrey resident says that on April 24, 2008, Lt. William Taul and Police Officer James Hunter approached him on the street. The two cops allegedly hit him with their hands, flashlights, and fists, threw him onto the ground, sprayed him with some substance, and jolted him with an electroshock-like device. Cox says that he sustained personal injuries, including brain damage, a concussion, permanent hearing loss, extended mental pain, physical pain, suffering, and disability. He also incurred medical expenses.

The Illinois police brutality lawsuit accuses the two men of assault and battery, failing to exercise due care for the plaintiff’s safety, and not obeying procedures and policies that prohibit excessive force. Cox is suing the the city of Alton and its police department for the violent police assault and battery incident, failing to exercise the due care necessary to ensure his safety, failing to set up the proper procedures, failing to train police officers on not using excessive force, and failing to obey policies that bar the practice of police brutality.

Brain Damage
Brain damage can seriously impair a person’s ability to function properly—especially if the brain injury is severe and permanent. Depending on the type of brain injury, the victim's memory, judgment, any of the five senses, the ability to communicate, the ability to stay cognizant, his or her personality, libido, and ability to complete routine tasks can all be affected.

Brain injuries are often catastrophic, costly injuries that wreak havoc on the lives of the injured party and family members.

Godfrey man claims brain damage after Alton police allegedly assault him, The Record, April 8, 2009

Related Web Resources:
Traumatic Brain Injury Information Page

Use of Force By Police: Overview of National and Local Data, US Department of Justice

Continue reading "Chicago Personal Injury: Illinois Man Sues Police for Brain Injury Sustained During Alleged Police Brutality Incident" »

In Cook County Circuit Court, six months after 17-year-old Marvin Williams was shot to death after being apprehended by Chicago police, his mother is suing the city for her son’s wrongful death. The tragic shooting incident happened on September 16, 2008 while he was being arrested.

Chicago police arrived at South Marshfield Avenue after someone reported gunfire. They spotted a vehicle matching the description of one connected to the shooting and pulled it over. Police say that one of the officer’s was confronted by an armed offender and the cop fired his weapon, hitting Marvin. The Cook County medical examiner’s office says the teenager was shot several times. The Independent Police Review Authority has been investigating the shooting incident.

Demetria Williams’s wrongful death lawsuit is accusing the Chicago police of using unnecessary deadly force, recklessly removing the safety of the gun, and intentionally discharging the gun while it was pointed at him. Her complaint is claiming false arrest, false imprisonment, and survival action.

Police Brutality
Chicago police officers are required to restrain themselves from using excessive force when apprehending suspects. Police brutality is a violation of a person’s human rights even if they have been arrested, charged with, or convicted for committing a crime.

According to a Chicago Tribune investigation in 2007, a review of over 200 police shooting cases over a 10-year period revealed that police probes tend to use a separate set of standard of justice. In at least 12 incidents, police officers shot civilians who weren’t even facing them. They have also been known to shoot people who were unarmed and/or innocent.

Out of the 100 people that were killed and the 250 others injured in Chicago police shootings that took place over a decade, less than 1% of these shooting incidents were considered unjustified. Also, during some investigations into police shootings, the newspaper's probe found that witnesses were frequently not sworn in and conversations were not recorded.

Chicago police shootings have resulted in $59 million in police brutality settlements and verdicts against the city of Chicago.

Mom Sues City In September Shooting Death of Son, WBBM Radio, March 7, 2009

The rush to clear police in shootings, Chicago Tribune, December 5, 2007

Related Web Resources:
Chicago Police Department

Chicago's finest under fire for brutality, CNN.com, September 28, 2007

In Chicago, Illinois, Police Superintendent Jody Weis has until 4pm on Friday to turn over a list of names of Chicago officers who have received at least five citizen complaints since 2000. So far, he has refused to obey US Magistrate Judge Maria Valdez’s orders.

The list of “repeaters” has been requested in connection to a Chicago police brutality lawsuit involving a Chicago police officer that allegedly falsely arrested and used excessive force on two children. Donna Moore, who is the mother of the 11-year-old boy and 13-year-old girl who were arrested in a playground incident, filed the Chicago police brutality lawsuit.

One of the Chicago lawyers seeking the list for his client’s case says he wants to show that the Chicago Police Department has exhibited a pattern of hiding police misconduct. Weiss, however, says that turning over the names would threaten the officers’ safety, compromise their performance when dealing with future incidents, ruin good reputations, and decrease morale. The City of Chicago has proposed producing a redacted list that doesn’t reveal the names.

In an unrelated Chicago police brutality lawsuit, the city of Chicago is combating a judge’s request to release a list that names 662 Chicago cops who received 10 or more citizen complaints between 2001 and 2006. Over two dozen Chicago aldermen are also seeking the list.

Chicago Police Misconduct
If you believe you are the victim of misconduct or are aware of an incident involving misconduct or excessive use of violence by a Chicago police officer, you can file a complaint of misconduct by contacting the city of Chicago’s Independent Police Review Authority at (312) 745-9594 or at 10 West 35th Street, 12th Floor, Chicago, IL 60616.

You also should speak with an experienced Chicago police brutality law firm to explore your options for financial recovery.

Weis to judge: Can't have list of most reported cops, Chicago Sun-TImes, February 23, 2009

Chicago's top cop defies judges in abuse suit, AP, February 23, 2009

Related Web Resources:
Chicago's Finest Under Fire for Police Brutality, September 28, 2007

Chicago Police Department

Chicago Police Board

Continue reading "Chicago Police Superintendent Refuses to Release Names of Cops with Most Excessive Force Complaints" »

A federal investigation into whether Chicago police officers tortured murder suspects has expanded its focus to include six more detectives who have been linked to former Cmdr. John Burge and the police precincts where he worked on the South Side during the 1980’s. Burge, who was fired from his position in 1993, was indicted on obstruction of justice and perjury charges last fall.

He pleaded not guilty to federal charges that he lied while under oath when he denied that he and other police officers had engaged in police torture so that murder suspects would confess. Burge's criminal trial is scheduled for May 2009.

Among the evidence prosecutors are examining are medical records that could corroborate claims of Chicago police brutality. In one alleged incident of police torture, Andrew Wilson says he was shocked, beaten, and forced to put his stomach and chest on a hot radiator while Burge and other officers coerced him into confessing to the murder of two cops. There are photographs documenting Wilson’s burn marks and facial injuries.

Another suspect, Gregory Banks, says detectives put a plastic bag over his head so he would confess to murder. Seven years into Banks's prison sentence, the Illinois Appellate Court found that he made his confession while under duress of police brutality. He was awarded a new trial. Banks also filed a federal lawsuit for civil rights violations and won $92,000.

This month, David Fauntleroy was cleared of all wrongdoing after serving 25 years of a life sentence in prison. Fauntleroy has always said that Chicago police detectives who worked under Burge had tortured him so that he would confess to robbery and murder. James Andrews, a co-defendant who was convicted of the same crimes and who had implicated Fauntleroy, was released from prison last year. Andrews also has said that Chicago police tortured him.

Police torture or any other form of police brutality is a crime and a violation of one's civil rights.

U.S. investigation of Chicago police torture widens to include colleagues of Jon Burge, Chicago Tribune, February 4, 2009

Conviction out, man to walk free, Chicago Tribune, January 10, 2009

Related Web Resources:
Chicago Police Department

Human Rights at Home: The Chicago Police Torture Archive

Continue reading "Federal Prosecutors Expand Probe Into Whether Chicago Police Tortured Murder Suspects" »

In Illinois, the parents of two teenagers are suing the city of Chicago, the Chicago Board of Education, an unidentified police officer, ASPIRA Inc., and the school’s principal for allegedly violating their daughters' civil rights. The Chicago Sun Times reports that another student was also summoned for the strip search, but her family are not plaintiffs in this case.

The girls, 14, were taken from their classrooms on December 20, 2007 and strip searched by a female police officer who was looking for a lighter that may have been used to start a small fire at the high school. The lawsuit claims that the officer, who was a uniformed security guard, reached under the teenagers' blouses and told them to take off their pants and underwear. The police officer also allegedly told them to “squat and cough” for a cavity search. At one point, the guard allegedly put her hand on her gun to intimidate the teenagers. One of the girl’s mothers says her daughter felt violated, embarrassed, and ashamed because of the incident.

Chicago Public Schools is conducting an investigation into the search, as is the Chicago Police Department's Internal Affairs Division. ASPIRA has been warned that CPS could withdraw its charter if corrective steps are not taken.

The girls were reportedly never informed that they were suspects in the fire incident and their parents were never contacted prior to the search. According to the plaintiffs’ Chicago attorney, this violates the teenagers constitutional rights against unreasonable searches and seizures. He also contends that the security guard did not have probable cause to search the girls.

Intimidation as Police Brutality
Intimidation is a form of police brutality that can lead to emotional and psychological trauma and can be grounds for a personal injury lawsuit. Chicago police officers and other law enforcement officials are supposed to protect, not violate one's civil rights.

Mom: I don't send my kids to school to be strip searched, Chicago Sun Times, January 7, 2009

Strip search of teens in Chicago school under investigation, Boston Herald, January 9, 2009

Related Web Resources:

Communities United Against Police Brutality

Shielded from Justice, HRW.org

Another police brutality lawsuit has been filed against the Chicago police for allegedly harassing black residents who were celebrating President-elect Barack Obama’s victory on Election Night. There are 22 black plaintiffs named in this latest lawsuit, which was filed in federal court.

According to the lawsuit, nine Chicago cops swore at and discharged pepper spray at the plaintiffs, who were peacefully celebrating outside their homes. One cop allegedly beat a man, while police Tasered another plaintiff. Another officer is accused of grabbing and breaking a cell phone belonging to someone who was trying to record the attacks.

One of the plaintiffs was charged with reckless conduct while two plaintiffs were charged with obstructing an officer. All of the charges have been dropped. The plaintiffs’ attorney says he believe the attacks were racially motivated.

This latest lawsuit is the third one filed this month accusing other Chicago police officers of engaging in similar racially motivated attacks of police brutality on Election Night. On November 13, eight people filed a federal lawsuit accusing Chicago cops of hitting them with pepper spray, assaulting them with profanity and racial insults, and knocking down their door after they ran into the house to escape police. They were also outside their home celebrating President Obama’s election win when the alleged attack happened.

The plaintiffs are accusing the Chicago police officers of battery, use of excessive force, unlawful search and seizure, and committing a hate crime. Their lawsuit seeks at least $200,000 in damages.

Another lawsuit, filed by Cornelius Voss and Christine Ballard, accuses Chicago police of harassing them and other family members while they were riding in their car and cheering Obama’s victory. The couple claims that Chicago cops in an unmarked squad car attacked them with pepper spray and racial insults.

22 people sue Chicago police over more alleged Election Night abuse, Chicago Tribune.com, November 22, 2008

Police sued for election night incident, Chicago Breaking News, November 13, 2008

Police Pepper-Sprayed Us for Celebrating Obama Win, Family Claims, NBCChicago.com, November 7, 2008

Related Web Resources:

Top 5 Police Brutality Videos, Huffington Post, July 30, 2008

Police brutality cases on rise since 9/11, USA Today, December 17, 2008

Continue reading "Third Lawsuit Accuses Chicago City Police of Harassing Black Residents on Election Night" »

An African-American Chicago family has filed an Illinois police brutality lawsuit accusing four unnamed cops of hate crimes, excessive use of force, and battery. The incident allegedly occurred on Election Night, while the rest of the United States was celebrating the election of Barack Obama as the country’s first black president.

According to Christine Ballard and Cornelius Voss, they were cheering the victory of President-Elect Obama while riding in their car with their two daughters and a niece on West Division Street at around 10:30pm when a man in the vehicle next to theirs called them the “n-word,” said “white power,” and assaulted them with pepper spray.

Voss says his wife and the girls were screaming and crying because the pepper spray got in their eyes, and he took them to West Suburban Medical Center in Oak Park for treatment of their injuries. He and Ballard say that they believe the four men riding in the car next to them were Chicago cops because of the vehicle’s license plate.

The family tried filing a complaint with the Austin District police that night. However, they were told that they could not do so because all of the district’s cops were working the streets. They again experienced difficulties when they tried reporting the incident to police on Wednesday. The family finally filed a report with the Independent Police Review Authority.

Ballard and Voss are seeking over $150,000 in damages.

According to the Chicago IPRA, this was not the only allegation they received accusing Chicago cops of using pepper spray on civilians on Election night. There are up to 50 unconfirmed reports of similar incidents in the Austin area last Tuesday that allegedly involved police officers.

Police Brutality
Police officers are not allowed to use excessive or unreasonable force on anyone at any time. If you have been harassed, assaulted, or verbally abused by a Chicago cop or any other police officer in the state of Illinois, your civil rights have been violated and you may be entitled to compensation for the harm you have suffered.

Suit: Kids celebrating election pepper-sprayed, taunted by police, November 7, 2008

Family alleges police attack election night, ABC News, November 7, 2008

Related Web Resources:

City of Chicago Independent Police Review Authority

Communities United Against Police Brutality

Continue reading " Chicago Family Says They Were Victims of Police Brutality on Election Night" »

In Illinois, prosecutors are expanding their probe into claims that Chicago police officers used "torture" tactics, including beatings, Russian roulette, and electric shock, on criminal suspects in order to obtain confessions. On Monday, ex-Chicago police commander Jon Burge pleaded not guilty to federal charges that he lied about torture while he was in charge of the Chicago police department’s Area 2 violent crimes division on the South Side.

Burge was arrested last week on charges of obstruction of justice and perjury. He also is accused of lying under of oath when he testified in an Illinois civil rights lawsuit that accused him and the Chicago cops who worked for him of using torture to get suspects to confess.

The former Chicago police chief was fired from the police department in 1993. Burge’s criminal trial is scheduled for May 11, 2009. He is free on $250,000 bond.

According to the Chicago-Sun Times, one woman who was at the courthouse on Monday to watch Burge’s arraignment says that the ex-Chicago police chief forced her 16-year-old brother to confess to a crime by hanging him upside down outside a window.

In 2006, two special prosecutors determined that Chicago police officers abused a number of black suspects at Area 2 during the 70’s and 80’s in an effort to get them to confess. The prosecutors, however, also determined that the statute of limitations had passed for them to file criminal charges against Burge or anyone else who was allegedly involved. Prosecutors say that charging Burge with lying about the alleged torture during the civil rights lawsuit is better than not charging him at all.

In another civil rights lawsuit, former Death Row prisoner Darrel Cannon is suing Burge and a number of detectives. Cannon is accusing the police officers of pretending to load a gun before putting it in his mouth and pulling the trigger, as well as shocking him with an electric cattle prod, to get him to confess to a murder he did not commit. The detectives named in Cannon’s lawsuit have denied his allegations.

Recently, the city of Chicago agreed to pay $20 million to settle lawsuits with four ex-inmates who claim that police tortured them.

Police Brutality
Any act of police brutality violates Section 1983 of the Federal Civil Rights Act. If you have been a victim of police brutality in Chicago or any other city in Illinois, you may be able to file an Illinois personal injury lawsuit to recover financial compensation.

Ex-Chicago cop Burge arrested in torture cases, Chicago Sun-Times, October 28, 2008

Jon Burge Pleads Not Guilty, MyFoxChicago.com, October 27, 2008

Related Web Resources

Truth in Justice

Police Brutality in the US, HRW.org

Continue reading "Prosecutors Expand Chicago Police Torture Investigation in Illinois" »

A paralyzed man convicted of resisting arrest and hitting a Chicago police officer in a 2006 incident is suing the city and several of its police officers for violating his civil rights. Daniel Casares, who is a quadriplegic, says that police pulled him from his vehicle and beat him even after he told them that he was paralyzed and could not get out of the car.

He also says that because of physical condition, he does not have the physical ability to strike the officer he was convicted of hitting. Casares is unable to move his legs and has limited range of motion in his arms.

The alleged police brutality incident happened while Casares was sitting in the passenger side of his car next to his brother. Chicago police arrived to arrest his brother, who was under suspicion of using marijuana. Casares was ordered to exit the vehicle, and this is when he says he repeatedly told them he was unable to get out of the car.

Three police officers that testified at Casares’s criminal trial offer a different account. They claim that they never drew their guns during the altercation and accuse Casares of hitting a female cop when she asked him to exit his car.

Police Brutality
In 2007, CNN published statistics reporting that the City of Chicago received over 10,000 complaints against its police officers between 2002 and 2004. Many of these reports alleged assault and brutality.

Man paralyzed since 2002 files suit saying he was beaten by Chicago cops in '06, Chicago Tribune, July 24, 2008

Chicago's Finest Under Fire for Brutality, CNN.com, September 28, 2007

Related Web Resources:

983 Civil Action for Deprivation of Rights

City of Chicago Police

Continue reading "Quadriplegic Man Files a Lawsuit Accusing Chicago Police of Beating Him" »

The family of a man that died in an accidental shooting incident involving the Danville police is suing the city and the police officer involved. Aaron Moss, 27, was killed in 2006 after Officer Troy Wasson shot him twice during a foot pursuit.

The lawsuit, filed in US District Court in Urbana, alleges excessive force and wrongful death. Moss’s family is asking for over $1 million in damages and accuses Wasson of acting “maliciously, willfully, and wantonly” in Moss’s death.

The complaint reports that on May 30, 2006, Moss and another man had just ended an argument when the police arrived. Moss fled from the scene and was chased by Danville police.

Office Wasson allegedly pulled out a taser, but when he encountered Moss, he shot him in the arm and the back with a gun. The lawsuit claims that Moss was not armed and that Officer Wasson told a woman who offered to perform CPR on Moss to go away.

A sheriff’s department investigation, however, claims that Moss had a loaded gun. The police probe determined that Wasson was not at fault and absolved him of doing anything wrong.

Justice Department Statistics that from 2001 to 2007, there was an increase in the number of reported incidents involving the use of excessive force by law enforcement officers compared to the seven years prior. Many police brutality cases were reportedly not prosecuted.

Examples of police brutality include:

• Brutal chokings
• Unjustified shootings
• Beatings
• Sexual assault
• Verbal violence

Family sues city, police officer, Commercial-News, July 10, 2008

Related Web Resources:

Shielded from Justice, HRW.org

Communities United Against Police Brutality