Police Brutality

Police officers are an invaluable part of society. They keep us safe and protect our rights. Most officers adhere to a strict code of conduct, rules, and ethics, respecting the rights of all citizens, without regard to race, color, and nationality, while honoring their motto of “serve and protect.”

Some police officers, however, flout their code of conduct and abuse power given to them by the very people living in their municipality. The fact of the matter is that the police have not only a lot of power over the lives of the people living within their municipality, but also those people who (for some reason or another) come to be traveling through and/or coming into their community to visit friends, relatives or for some other reason(s). Police officers who abuse their power oftentimes cause immense harm (to those within a community) while (purportedly) trying to ‘enforce’ the law within that very same community. Until recently, when the World Heritage Encyclopedia Edition published a “List of Cases of Police Brutality in the [U.S.],” providing notable examples (State by State basis) of police brutality, there were no significant efforts made to bring such police abuse to light on a state and/or national level:
 http://self.gutenberg.org/articles/eng/List_of_cases_of_police_brutality_in_the_United_States.

Increasingly over the years, cases of police brutality have become a major concern, with increasing cases being reported each year. Multiple sources have reported that Chicago and Illinois have the highest rate of police officer brutality in the United States. A Chicago Tribune Article (8/26/16) by Jennifer Smith, Angela Caputo, Todd Lighty, and Jason Meisner, using a Chicago Tribune study (which compiled a database of details for every time police fired a weapon from 2010 to 2015) noted the following statistics: “In 435 shootings over a recent six-year span, [Chicago] police officers killed 92 people and wounded 170 others.” In these same 435 shootings, “at least 2,623 bullets were fired by police, and, in 235 of those shootings, officers struck at least one person; in another 200 shootings [however] officers missed entirely.” Also, “[a]bout four (4) out of every five (5) people shot by police were African American males [and the] officers who fired weren’t rookies, but, on average, had almost a decade of experience.” An article written by the BGA (“Better Government Association”) dated 7/26/15 states that “Chicago police have shot and killed 70 people over a five-year period [2010 – 2014], the highest number among America’s 10 largest cities.” The Chicago Reporter (March 7, 2019) reported that the City of Chicago alone spent $113,000,000 on police misconduct lawsuits, and this sum brought the total cost to the City up to well over half a billion dollars in just 8 years.”

Police brutality means the use of excessive or unlawful force that causes harm or injury to citizens. Depending upon the specific facts of the case, a plaintiff can bring specific lawsuits (known as “causes of action”) in Federal Court under the Statutory 1983 basis and also in State Courts against a police officer for excessive force or inappropriate conduct which can include:

• False Arrest;
• False Imprisonment:
• Abuse of Process;
• Excessive Use of Force;
• Sexual Misconduct;
• Assault and/or Battery; and
• Wrongful death.

Unlike the ordinary person who is responsible for the injuries caused by negligence, in Illinois, “The Tort Immunity Act” protects police from lawsuits charging the police with “negligence.” If a police officer causes injury while acting “negligently” in executing his “public duty(ies),” he is immune from prosecution. This same Act, however, does allow people to sue police for conduct which is deemed “willful and wanton”. The Act defines “willful and wanton conduct” as: “a course of action which shows an actual or deliberate intention to cause harm, or which, if not intentional, shows an utter indifference to or conscious disregard for the safety of others or their property.” Illinois Courts have consistently held that “willful and wanton” is not to be confused with simple “negligence.” As you can see – Illinois Courts make it a very difficult hurdle to climb in order to hold a police officer and his department responsible for the injuries you receive from your contact with them, BUT WE CAN OVERCOME THIS HURDLE FOR YOU and help you receive compensation for all the damages you receive if you are a VICTIM OF POLICE BRUTALITY! If you or a loved one has been the unfortunate victim of police brutality and been significantly injured, McDermott & McDermott, Ltd. will prosecute a case to get all compensation for your:

• Pain, suffering, and/or psychological trauma;
• Hospital bills and all other related medical bills (e.g., doctors, physical therapists, etc.);
• Lost wages;
• Damage to your assets such as a car or home and;
• All out-of-pocket expenses and other financial damages related to the police brutality.

As founder of McDermott & McDermott, Ltd., David G. McDermott has 41+ years’ experience, fighting for the rights of victims of police brutality. Let us help you “RIGHT THE WRONG!!”