Legal Question in Civil Rights Law in Illinois

What rights does my family have after my brother was beaten by a peace officer?

Here's my question in more detail- My brother was stopped by a cop a block away from home and The cop asked him to get out of the car, but wouldn't tell him what he did, my brother got out but then he sprayed him with pepper spray so my brother got scared and ran home, when he got home his mom was outside and she asked the cop what was going on and he proceeded to spray the both of them, then he began punching and kicking my brother. My mom tried to grab my brother, but never touched the cop, and he threw her to the ground. This happened 3 times. What can we do because they only charged my brother with failure to make a complete stop but now they are charging my mom with assaultinga peace officer. Some peace officer, huh? Please advise.


Asked on 9/26/02, 2:27 pm

2 Answers from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: What rights does my family have after my brother was beaten by a peace offic

Your Mother and brother certainly have complaints against the officer and the police department, maybe even the City, for police brutality. When such things as happened occur under the color of law, that is considered an aggravating circumstance, and not just a simple assault. Becareful to learn of the claims statutes applicable in your City. They are traps for the unwary, and require the filing of a claim before a lawsuit can be filed. The rational is to give the City or other governmental agency an opportunity to settle a valid complaint. In fact, they are usually denied, on the basis that they would otherwise be making a gift of government funds. Pay attention to the claims statute and file an appropriate claim. Only upon its rejection, either actual, or by operation of law, can you file a lawsuit. You also have to worry about the Statute of Limitations for filing the lawsuit, usually one year.

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Answered on 9/27/02, 12:16 am
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: What rights does my family have after my brother was beaten by a peace offic

If the criminal charges are dismissed or won after trial, you can investigate a civil rights action under either federal or state law. Consult a personal injury attorney in your town. Initial consultations/case evaluations are usually at no cost - ask first.

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Answered on 9/26/02, 3:07 pm


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