Recently in Civil Rights Violations Category

May 2, 2011

Dupo, Illinois Police Shooting May Lead to Police Violation Lawsuit

A Dupo, Illinois man shot by a municipal police officer is making plans to obtain legal counsel and file a police violation lawsuit against the officer and the police department.

police search.jpgAccording to an article in the Belleville News-Democrat, a police officer arrived at the man's house due to a domestic disturbance call. At first, the man refused to come out. When he finally did, the officer spotted a weapon of some sort in his hand -- thinking it might possibly be a gun -- and shot him immediately. The bullet went through his arm and into his chest, which caused tens of thousands of dollars in medical bills.

As it turned out, the object in the man's hand was a baton used by police. The police department found no wrongdoing in the officer's actions, and there are no criminal charges being made against either the man of the officer. Although the man does not wish for the officer to receive jail time, as he admitted he was clearly intoxicated and not fully in control of himself, he did wish to obtain damages from the city for medical bills and pain and suffering.

As of the News-Democrat article's publication, no lawsuit has been filed yet in St. Clair County Circuit Court, but the man said he had contacted a lawyer.

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April 26, 2011

Bridgeton, Missouri Civil Rights Lawsuit Filed by Prisoner from Wentzville

A man from Wentzville, Missouri jailed in Bridgeton has filed a civil rights lawsuit in federal court against the city's police department for beating and tasing him unfairly.

prison cell.jpgAccording to an article in the St. Louis Post-Dispatch, the alleged police violation in the Bridgeton jail is being investigated by the FBI. A surveillance video from the time of the incident is available for viewing on STLToday.com.

The has been treated for a swollen jaw and bruises. The plaintiff's attorney claimed he came to his office with metal staples and Taser marks on his back as a result of the assault and battery.

The man was originally stopped for speeding. The arresting officers described him as uncooperative and smelling of alcohol. Due to his refusal to provide some personal information about himself, he was held in a cell, where the police violations allegedly occurred.

A study published by the National Criminal Justice Reference Service argues that police officers' right to use physical force to apprehend suspects is right and just, but problems arise in the application of force. The report hypothesizes that the best ways to prevent police brutality are to continue training new officers even after they begin service, conducting psychological exams prior to police academy admittance, and establishing civilian review boards.

Fewer complaints of police violations were also reported about police departments with more officers who have lots of experience or are college educated, female, or African-American.

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April 7, 2011

Madison County, Illinois Pregnant Wal-Mart Shopper Sues for Battery

A Wal-Mart shopper from Madison County, Illinois has filed an assault and battery personal injury lawsuit against the corporation and the store's security officer who tackled her.

shopping carts.jpgThe woman was pregnant at the time of the incident. According to the lawsuit, described in article posted on the Madison County Record website, she was followed out of the store and thrown to the ground by a Wal-Mart loss prevention officer, which caused injury both to the plaintiff and her unborn child. The officer had been watching her and following her closely prior to her exit from the store.

The plaintiff has claimed that she was falsely accused of shoplifting and that being tackled caused complications in her pregnancy, although the lawsuit does not describe the child's injuries. Wal-Mart did not press charges for retail theft. At one point, the plaintiff fired her lawyer for the case but wanted to continue the suit.

This case is not nearly the only lawsuit against Wal-Mart. The Wal-Mart Litigation Project website is just one place to find information about pending and past cases with Wal-Mart as the defendant.

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March 4, 2011

St. Louis Missouri Death Row Inmate Defended by Amnesty International

A death row inmate from St. Louis, Missouri has received support from Amnesty International, which has filed an appeal on his behalf.

979960_prison.jpgAccording to an article in the St. Louis Post-Dispatch, the nonprofit organization's appeal claims that the man was beaten by police and received an unfair trial. The prisoner had been convicted for the murder of two people at the Chain of Rocks Bridge, an incident from 1991.

The man's cousin received a police department settlement after filing a civil rights lawsuit alleging that the police beat him. The current criminal court appeal seeks to remove the man's death sentence, claiming that he was convicted as an accomplice.

Amnesty International also said the prosecution stacked the jury against his client, creating a bias in favor of conviction.

The campaign to undo the man's death sentence has run for several years. A website created to protest his punishment insists that reasonable doubt -- including a lack of physical evidence -- should have made the jury and judges think twice before resorting to the death penalty.

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January 11, 2011

Fired Gateway Regional Medical Center Employee Files Discrimination Suit

A woman who worked at Gateway Regional Medical Center in Granite City, Illinois has filed an age discrimination lawsuit against her former employer.

1158314_nurse_1.jpgAfter working in the same facility for more than 30 years, the woman in her mid-fifties was permanently discharged from her duties. Not long after being let go, another man under the age of 40 was hired for the same position.

The suit alleges that the woman was mistreated at work due to her age and sex despite completing a satisfactory amount of work of reasonable quality. According to an article in the Madison County Record, the discriminatory firing has led to the plaintiff complaining of suffering and mental anguish, in addition to loss of wages and benefits.

The seven-count discrimination lawsuit was filed in Madison County Circuit Court in December.

Despite improved working conditions in recent decades, a Gallup Poll cited by the U.S. Equal Employment Opportunity Commission reported that 15% of Americans believed they had faced some form of discrimination at work, whether or not they had filed formal complaints. In addition, 18% of employment discrimination complaints were age-related.

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March 22, 2010

Former Saline Township Supervisor Faces Allegations of Sexual Misconduct

Last Thursday former Saline Township Supervisor Alvin Steiner was accused in yet another sexual misconduct suit. This suit marks the fifth brought against the former Township employee since January by women who claim that Steiner tried to grope and kiss them when they came to his office seeking financial aid.

According to the Belleville News-Democrat, the fourth woman to file a suit, Laura B. Barry, stated that she never followed up on her aide request because Steiner's original advances had made her too uncomfortable. The suit has also charged other Township employees were aware of Steiner's behavior but made no actions to report or prevent them.

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March 17, 2010

Edwardsville Illinois Toddler Seriously Injured After Days of Abuse

Two-year-old Amanda Runyon is still recovering after several weeks in the hospital and multiple surgeries. According to the Globe-Democrat, the toddler was brought to the hospital on March 1st after the child was vomiting and drifting in and out of consciousness. Authorities later revealed that the injuries occurred after days of abuse at the hands of the child's mother's boyfriend, 24-year-old Kraig Monroe.

Monroe was arrested in his trailer on the same afternoon the child was admitted to the hospital. Besides suffering from a broken arm and severe bruising, doctors were forced to remove ΒΌ of Runyon's intestines. Monroe is being charged with aggravated battery of a child. He is currently being held on $500,000 bail.

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February 17, 2010

Medora Illinois Teen Files Lawsuit Against Shipman Mayor

ATV driver.jpegLast week, Medora teenager Andrew Ruyle, 18, filed charges against Shipman Mayor Daniel Barnett, 56 for an incident that occurred last July. Barnett, who also serves on the Shipman police force, pulled Ruyle over while he was driving an ATV on a public road. Ruyle claims Barnett cut in front of his vehicle at a high speed, causing Ruyle to break two fingers on the hand brake of the ATV. Aside from allegations that Barnett disregarded the teen's safety while making the stop, the suit also claims that the vehicle Barnett was operating was not marked as a police vehicle and that no sirens or lights were used while making the stop. Ruyle, who was one of two ATV operators that night, was charged with illegal operation of an ATV on a state highway but has not pleaded guilty.

As a result of the accident, Ruyle developed a staph infection in one of the injured fingers resulting in hospitalization and the threat that the finger may have to be amputated if it does not improve. The injury has resulted in 3 surgeries to date. While no court date has been set, Ruyle is seeking damages in excess of $50,000 to cover his injuries and medical expenses.

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February 3, 2010

Madison County Illinois Creates Team to Investigate Elderly Neglect and Abuse

The Madison County Coroner's office, headed by Stephen P. Noon, announced last week that it is establishing a multi-disciplinary team to help shed new light on the problem of elderly abuse. Comprised of members from law enforcement agencies, social services, law, and health care, the group is responsible for reviewing cases involving alleged exploitation, neglect or abuse of the elderly.

The coroner's office believes there are two benefits to such a team: identifying trends and information about abuse as well as examining cases more effectively because of the varying backgrounds of the team members. This team is the first of its kind in the area, and only the second in the state of Illinois. With a large elderly population living in Madison County, it seemed like the ideal place for the next review team.

According to the National Committee for the Prevention of Elder Abuse (NCPEA) elderly abuse can come in multiple forms. From physical abuse to psychological abuse, it is estimated that 4-6% of the elderly are abused nation wide.

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August 5, 2009

Collinsville, Illinois Police Sued for Unlawful Search and Arrest

Problems with police arrests such as the one in Cambridge, Massuchesetts (involving a Harvard professor), can occur in local towns such as Collinsville, Illinois. There, a couple living in a beautiful subdivision, were subject to an unlawful search and arrest.

The Collinsville police had come to the house because of a loud music complaint. The couple had music playing in the livingroom with the windows open. Their teenage son was having a birthday party in the basement.

When the couple asked the police what they wanted, the police stated they were there for a noise complaint. The police had stepped into the house without permission. The homeowners asked the police to step outside to discuss the matter. The police refused.1172422_police_on_the_scene.jpeg

When there was a noise from inside the house, the police, despite the protest of the owners, proceeded to search the basement and arrested underage drinkers. In the process the parents were arrested for obstructing justice and resisting arrest. Both parents were injured by the police and taken into custody in handcuffs.

Fortunately, the State dismissed the charges against the parents. A federal lawsuit ensued where the parents claimed violation of their Constitutional Rights, battery, trespass, and false imprisonment.

In cases such as this, the police only have a right to enter a home if they have a search warrant or probable cause that a crime is being committed. No person can be arrested without there being probable cause that they have committed a crime.

Without a warrant or probable cause, citizens have the right to sue for damages for violation of Federal Civil Rights as well as for State claims for battery, tresspass, and false imprisonment.

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