Successes

Police Misconduct - Excessive Force Claims

• After receiving a call from a nursing home employee, police officers conducted a Terry stop of individual who was reportedly involved in a disturbance with a staff member as a result of visiting his mother. After refusing officers' orders to stop when he exited the facility, officers arrested the individual. He claimed the officers injured him during the investigation, however, a jury found in favor of the officers. Pellico v. Village of Hinsdale et al., 07 C 7042 (N.D. Ill. 2011).
• After being flagged down by a bar manager of a local tavern after bar patron was removed from tavern following a physical altercation, police officers arrested bar patron for aggravated assault to police officers. Bar patron claimed all of his physical injuries were the result of excessive force inside the police station. A federal jury found the officers did not use excessive force against bar patron. Baxa v. Village of Villa Park et al., 08 C 3184 (N.D. Ill. 2010).
• 83 year old woman alleged she was subjected to excessive force after police officer placed his hands on her right arm in an effort to coax her out of a WalMart store after she refused his verbal requests to leave after she previously refused management's request to leave after creating a verbal disturbance in the store when her adult son received a scratch on his arm after brushing up an old firehose box. A jury found that police officer did not seize woman and rendered verdict in officer's favor which was affirmed on appeal. Carlson v. Bukovic et al., 621 F.3d 610 (7th Cir. 2010).
• Mother of teenage son was injured after police officers executed a search warrant for a firearm and firearm related items in mother's house and claimed officers used excessive force against her. Jury found that the officer did not use excessive force against mother. Pena-Bosque v. Bianchi, 04 C 3760 (N.D. Ill. 2006)
• A 78-year-old woman was arrested as a result of a domestic disturbance and she sought money damages when the arresting officer dislocated her right shoulder while attempting to place handcuffs on her. A federal jury found the officer acted reasonably. Manzella v. Village of Bridgeview, 01 C 8202 (N.D. Ill. 2006)
• A 15-year-old arrestee filed suit alleging a police officer used excessive force while trying to break up a fight where he suffered a fractured left wrist. A federal jury found that the arresting officer's actions were reasonable. Ferguson v. City of Elgin, 99 C 4896 (N.D.Ill. 2003)
• Police officers responded to a barricaded gunman but after several hours, the gunman escaped the residence. The gunman was shot by a police officer who accidentally discharged one round of an AR-15 and, thinking that the muzzle flash he saw came from the gunman, fired 3 more rounds that killed the gunman. No shots were fired by the gunman. Gunman's family sought damages but a federal jury found that the officer's actions were reasonable and judgment was affirmed on appeal. Palma v. Edwards, No. 03-2019 2004 WL 1435213 (7th Cir. 2004)
• A 46-year-old woman filed suit as a result of altercation between her and police officers when they stopped her from riding in an ambulance with a stabbing victim. Federal jury found that the officers did not use excessive force. Graves v. Thiel, 01 C 7714 (N.D. Ill. 2002)

Police Misconduct - Illegal Search

• County deputies and a municipal police officer executed a search warrant at a woman’s residence in Mokena, Illinois, where she alleged the officers ransacked the residence and pointed weapons at the occupants during the search. District court granted the motions to dismiss the woman’s second amended complaint. Mihelic v. Will County, et al., 826 F.Supp. 1104 (N.D. Ill. 2011)
• After observing a vehicle with weathered temporary registration and "for sale" signs, police officer ran registration in computer and found the temporary plates belonged to another vehicle. Officer stopped vehicle and ticketed driver for improper use of registration and no insurance. Officer searched vehicle and driver was released with two tickets. Federal jury found that the traffic stop, issuance of traffic tickets and subsequent search of vehicle were lawful. Washington v. Kein et al., 07 C 698 (N.D. Ill. 2009)
• Police officers stopped a motorist who fit description provided by anonymous 911 call of a man taking photographs of children in the neighborhood. Officers searched motorist and vehicle incident to arrest for motor vehicle infractions and obtained consent to search motorist's residence. Court directed verdict in favor of the officers at the close of motorist's case during jury trial which was affirmed on appeal. Davis v. Novy, 433 F.3d 926 (7th Cir. 2006)
• Police officers responded to residence for a well-being check after homeowner was reported to be suicidal. After attempting to locate homeowner to no avail, police officers broke into home without a warrant. Later, when homeowner returned home, he called police to report a break-in. A federal jury found the officers' actions were justified by exigent circumstances. Cuchna v. Reinhart, 03 C 5191 (N.D. Ill. 2005)
• A 41-year-old woman was arrested for DUI and taken to city jail where she was patted down. Woman claimed that she was strip searched by City denied conducting strip search. A jury found in favor of the City and police officers. Leinen v. City of Elgin, 98 C 8225 (N.D.Ill. 2001)

Police Misconduct - False Arrest

• After receiving a call from a nursing home employee, police officers conducted a Terry stop of individual who was reportedly involved in a disturbance with a staff member as a result of visiting his mother. After refusing officers' orders to stop when he exited the facility, officers arrested the individual. He claimed the officers had no probable cause to detain or arrest him, however, a jury found in favor of the officers. Pellico v. Village of Hinsdale et al., 07 C 7042 (N.D. Ill. 2011).
• After being flagged down by a bar manager of a local tavern after bar patron was removed from tavern following a physical altercation, police officersarrested bar patron for aggravated assault to police officers. Bar patron claimed he was falsely arrested despite being convicted of three counts of aggravated assault in DuPage County Circuit Court. Court directed verdict in favor of police officers. Baxa v. Village of Villa Park et al., 08 C 3184 (N.D. Ill. 2010)
• Police officers stopped a motorist who fit description of anonymous 911 call of a man taking photographs of children in the neighborhood. Officers arrested motorist for various motor vehicle infractions. Motorist contended the traffic stop for motor vehicle infractions was an unlawful pretextual stop based on anonymous 911 call. Court found officers had probable cause to stop motorist and directed verdict in favor of the officers at the close of motorist's case during jury trial which was affirmed on appeal. Davis v.Novy, 433 F.3d 926 (7th Cir. 2006)

Police Misconduct - Malicious Prosecution

• Upset customer of hair salon left salon with coloring foils still in her hair without paying for service. Police officer responded to call from salon and customer was arrested for theft of service. The misdemeanor charge was eventually nolle prossed. Jury awarded $1 dollar in damages against officer. Peterson v. Gibson, 97 C 4123 (N.D. Ill. 2001)

Police Misconduct - Brady Violations

• A university police officer was criminally indicted for sexually assaulting a university student in 2011. During the course of the state court criminal proceedings, it was discovered that certain witness statements of an exculpatory nature were withheld by members of the university police department. The district court granted motions to dismiss by members of the university police department. Rifkin v. Board of Trustees of Northern Ill. Univ., 13 C 50056 2015 U.S. Dist. LEXIS 94908 (N.D. Ill. July 21, 2015)

First Amendment - Freedom of Speech

• Officer arrested male homeowner for disorderly conduct after he refused to take down Halloween decorations that made disparaging references to neighbors who had supported a village ordinance prohibiting the continued parking of homeowners' motor home in front of their house. Jury agreed with officer's argument that tombstones' references constituted "fighting words" not protected by the First Amendment. Judgment was affirmed on appeal. Purtell v. Mason, 527 F.3d 615 (7th Cir. 2008)

Discrimination

• DuPage Housing Authority and the Forest Preserve District of DuPage County filed suit against village alleging the village discriminated against the elderly and handicapped in violation of the Fair Housing Act and Americans with Disabilities when village denied application to allow an assisted living facility as a special use for the St. Paschal's Friary property. Jury found in favor of village which maintained that denial was based on previously passed referendum that the entire property was to remain undeveloped open space. DuPage Housing Authority et al. v. Village of Oak Brook, 03 C 2621 (N.D. Ill. 2008)
• Greek police officer who scored number one on police department's sergeant's exam filed suit for discrimination when police chief promoted the number two and number three candidates on the list. Officer also claimed that he was subjected to offensive Greek jokes and a hostile environment condoned by the command officers. Jury found that the officer was not subject to discrimination or a hostile work environment. Drikos v. City of Palos Heights, 03 C 3398 (N.D. Ill. 2005)

Premises Liability and Negligence

• The city administered a program for the rehabilitation of owner-occupied single-family residences using funds provided by the U.S. Department of Housing and Urban Development under which a general contractor was hired to rehab the residence and garage. A general contractor filed a third-party complaint against the city for contribution and negligence after a sub-contractor fell through the roof of a garage when inspecting the roof. The appellate court affirmed the circuit court’s granting of the city’s motion to dismiss. Harreld v. Butler, 2105 ILApp2d 150316-U (2nd Dist. 2015)
• Residents of Lake County, Illinois utilized a water system for over 50 years when the county took over its operation. Years later, testing of the water revealed it contained excessive contaminant levels. The county sought to have the customers fund the new system by issuing bonds to finance it. The bonds would be repayable by the customers. Unhappy with the arrangement, the customers filed suit against the county for negligence, breach of contract and declaratory and injunctive relief. The circuit court granted the county’s motion to dismiss the first two claims and granted summary judgment on the remaining claims. Donovan v. County of Lake, 951 N.E.2d 1256 (2nd Dist. 2011)
• Nicor Gas Company alleged that a water main break within the Village of Wilmette resulted in a puncture of one of its gas mains, forcing thousands of tons of water into the gas main which led to natural gas outages for Nicor customers within a 10-mile radius. The circuit court granted the Village’s motion to dismiss Nicor Gas Company’s second amended complaint alleging negligent maintenance of the water pipes and operation of the water distribution system by the Village, res ipsa loquitur, breach of contract and intentional trespass. The appellate court affirmed the dismissal. Nicor Gas Co. v. Village of Wilmette, 379 Ill.App.3d 925 (1st Dist. 2008)
• Elderly woman walking on sidewalk from store fell down and suffered injuries. She later came back to scene and measured the height differential between two slabs of sidewalk using chopsticks and claimed the purported differential exhibited willful and wanton misconduct on behalf of the Village. Jury found that the Village did not act willful and wanton regarding its maintenance of the sidewalk. Cachro v. Village of Lake Zurich, 05 L 564 (19th Cir. 2007)

Equal Protection – Class of One

• Owners of commercial property in downtown area of village entered into a commercial lease with a businessman who intended to open a pawn shop in the space and who received a business license from the village for that purpose. While businessman’s applications for building permits were pending, the village passed an ordinance changing the zoning of the central business district which effectively prohibited the operation of pawn shops. As a result of the amendments, the businessman lost his business license and the owners of the property lost the benefit of their lease. Neither the landlord nor the tenant requested zoning relief from the village or challenged the zoning classification in state court. Instead, the owners filed suit in federal court alleging among other claims that their rights to equal protection on a “class of one” theory were violated. The district court granted summary judgment to the village. Oxford Bank & Trust, et al. v. Village of LaGrange, et al., 879 F.Supp.2d 954 (N.D. Ill. 2012)
• An 80-year-old woman claimed Village purposely delayed her water service because she had sued the Village in the past. She was without water the following winter, primarily because lawyers disagreed as to whether the Village needed to obtain an easement on her property. The case was originally dismissed and was eventually heard before the United States Supreme Court wherein the case was remanded to the district court for trial, concluding that the woman stated an equal protection claim that should be resolved by a jury. Following a lengthy trial, the jury returned a verdict in favor of the Village, Mayor and Director of Public Works. Olech v.Village of Willowbrook, 97 C 4935 (N.D. Ill. 2002)

Motor Vehicle Accidents

• Driver of a vehicle stopped at intersection controlled by a two-way stop sign filed suit after her vehicle was struck broadside by snow plow lawfully traveling through intersection. Jury found in favor of snow plow driver. Dominguez v. Bartlett Park District, 04 L 156 (18th Cir. 2006)

Taking Without Just Compensation

• Resident filed suit in federal court alleging the city allowed the erection of fill and structure on property south of his residence which later blocked a natural drainage course of rainwater and other runoff through his property causing surface waters to back up and pool on his property. He filed suit against the city alleging taking of his property without just compensation among other claims. The district court granted the city’s motion to dismiss. Rasmussen v. City of Lake Forest, 848 F.Supp.2d 864 (N.D. Ill. 2012)