Blessed with qualified immunity and tort immunity generally, the City and its employees often hide behind either a blue wall of silence, like the Chicago Police has thrown up regarding the off-duty cop body slamming a female bartender, but also the City's Corporation counsel as is the case where the Chicago Police arrested a mentally ill California woman in Midway Airport and detained and released her into a south side neighborhood where she was eventually raped and fell off a building, ending up horribly injured. The CPD failed to adhere to department protocol related to the treatment of mentally suspect offenders and ignored clear evidence and fellow colleague appraisals regarding the mental health of the plaintiff.
The Chicago Police and the City are insisting that they did nothing wrong and owed the woman no duty to ensure her safety after releasing her from custody. After 6 years, the parties are approaching trial and the press senses a great tragedy to exploit. The latest word is that the City's attempt to obtain mediation has failed due to the fact the mediator, a federal magistrate judge, will not be available for some time, postponing an already delayed trial date of January 14, 2013. Now Judge Kendall herself will attempt to mediate a settlement between the two parties. The plaintiff is seeking $100 million dollars to cover a lifetime of care as a result of her injuries.
Whatever your feelings towards tort reform, these cases make it clear that tort reform will just further injustice. Many states with "tort reform" have simply capped damages at $250,000.
This woman is facing a lifetime of pain, challenges, and medical expenses. Capping her damages will only force her parents to make impossible decisions. Regardless, the City could save tens of thousands in attorney's fees, perhaps hundreds of thousands if they lose and have to pay the litigant's attorneys' fees, by settling the matter.
I think it is a stretch that the police were privileged to drop this woman off, in her condition, in a rough neighborhood. Remember, the Seventh Circuit, sua sponte, already lambasted the City and the Chicago Police Department for its handling of the matter. Clearly they have no avenue to appeal the case because the Seventh Circuit has already decided that this woman's rights were violated.
So, after 6 years of burning tax payer dollars, they have angered a federal district judge and the Seventh Circuit (especially Judge Posner, who as Justice Scalia knows, is not someone you want to irk), but are that much farther from dismissing or obtaining summary judgment. In fact, as they approach trial their case seems to be unraveling. This is a lost opportunity and a failure in trial preparation and planning.
If you are being sued, hire an attorney who will weigh the entire situation and craft a plan to minimize any potential negative exposure you have as a result of the lawsuit. Nair Law LLC has a history of preparing to go to trial and ensuring that if a better option comes along, our clients are knowledgeable enough to make a decision on it.
If you are someone who was harmed by the City or its employees, Nair Law LLC has the expertise to sue the City and hold it accountable for that harm. Please contact us to discuss your case and determine whether we can represent you and get you justice.
Whatever your feelings towards tort reform, these cases make it clear that tort reform will just further injustice. Many states with "tort reform" have simply capped damages at $250,000.
This woman is facing a lifetime of pain, challenges, and medical expenses. Capping her damages will only force her parents to make impossible decisions. Regardless, the City could save tens of thousands in attorney's fees, perhaps hundreds of thousands if they lose and have to pay the litigant's attorneys' fees, by settling the matter.
I think it is a stretch that the police were privileged to drop this woman off, in her condition, in a rough neighborhood. Remember, the Seventh Circuit, sua sponte, already lambasted the City and the Chicago Police Department for its handling of the matter. Clearly they have no avenue to appeal the case because the Seventh Circuit has already decided that this woman's rights were violated.
So, after 6 years of burning tax payer dollars, they have angered a federal district judge and the Seventh Circuit (especially Judge Posner, who as Justice Scalia knows, is not someone you want to irk), but are that much farther from dismissing or obtaining summary judgment. In fact, as they approach trial their case seems to be unraveling. This is a lost opportunity and a failure in trial preparation and planning.
If you are being sued, hire an attorney who will weigh the entire situation and craft a plan to minimize any potential negative exposure you have as a result of the lawsuit. Nair Law LLC has a history of preparing to go to trial and ensuring that if a better option comes along, our clients are knowledgeable enough to make a decision on it.
If you are someone who was harmed by the City or its employees, Nair Law LLC has the expertise to sue the City and hold it accountable for that harm. Please contact us to discuss your case and determine whether we can represent you and get you justice.
RSS Feed
