Malicious Prosecution

You are currently browsing the archive for the Malicious Prosecution category.

A Cook County jury returned a verdict of $1.38 million on October 14 for a 67-year-old woman who suffered a heart attack and stroke after being shoved to the ground by 25th District Chicago police officer Jorge Cerda.

According to Plaintiff’s attorneys Jeff Neslund and Michael Robbins, Officer Cerda was trying to arrest the plaintiff’s daughter on the porch of her home when he shoved the plaintiff to the ground in the doorway. Plaintiff’s head hit the marble floor, causing subdural bleeding. When the plaintiff went to the police station to complain about the rough treatment, Cerda arrested her, charged her with aggravated assault and threatened to have her deported.

Plaintiff had a heart attack while in the police lock up and was hospitalized for two days. Only an hour after she was discharged, she was readmitted to the hospital, suffering an ischemic stroke, which left her permanently paralyzed on her left side.

The plaintiff asserted claims for battery, false arrest, malicious prosecution and intentional infliction of emotional distress.

The City of Chicago employed its foolish “no settlement” policy and offered the Plaintiff nothing to resolve the case prior to trial.

Hazel Crest, Illinois resident Abeid Armour filed suit July 25, 2011, against Country Club Hills and two police officers. On July 24, 2010, Officer John Silas shot Armour, allegedly without justification. Officer Guiveda Francois was present for the shooting and allegedly conspired with Silas to falsely charge Armour criminally to cover up the unjustified shooting. The case asserts claims for excessive force, assault, battery, malicious prosecution and civil conspiracy. The case is currently pending before Judge Joan Gottschall in the Northern District of Illinois. The complaint is available here.

On May 9, 2011, Chicago residents Brian Chandler and Dave Duncan filed a civil rights lawsuit against Chicago police officers Stanley Kus and Vincent Morales. The case arises from a July 22, 2009, incident in which Chandler and Duncan were stopped by the Defendant-Officers. According to the lawsuit, Duncan was driving and Chandler was a passenger in the car, but the Defendant-Officers falsely stated that Chandler was the driver and charged him with driving on a suspended license. The charge against Chandler was dismissed on March 22, 2011.

According to the complaint, Defendant-Officer Kus pointed a loaded gun at the plaintiffs’ heads during the traffic stop. The suit alleges that Morales failed to intervene to stop Kus from using excessive and unreasonable force. The case claims constitutional violations including excessive force, illegal search and seizure, false arrest, malicious prosecution and failure to intervene.

The case is pending before Judge Grady in the Northern District of Illinois in Chicago. The plaintiffs are represented by Richard Dvorak.