Legal Question in Civil Litigation in Illinois

Are the County and City liable in any way

I live in Cook Co. IL. Victim of domestic violence by an ex-boyfriend who is a law enforcement officer. In Jan. 2002, I made a police report for battery. No visible injuries, no witnesses (that I know of). Police made report but never went to see if anyone witnessed it & never made an arrest. I went to Cook Co. DV court to try to see the judge to get a warrant & order of protection. They ASA denied me. ASA told me that she would hate to see an officer lose his job over the incident. ASA referred me to civil court. I never went. I went to the internal affairs dept (IAD) of the police dept & filed a complaint. A year later IAD is STILL investigating although some of my accusations were verified in May 2002. Officer harassed me for 8 months. I called IAD & told them of 16 incidents. They did nothing. I took time off work, went for 3 months of counseling, was put on anxiety/depression medication. I'm still distressed. IAD will not respond to me now. They told me there was nothing they could do for me w/o Order. I didn't make police reports. Didn't want to be humiliated again. Is there anything to make the County and law enforcment agency accountable for their failure to act on this matter?


Asked on 2/21/03, 8:46 pm

1 Answer from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: Are the County and City liable in any way

ASAs generally help with orders of protection if there is a criminal charge. You can still go to civil court and get an order of protection if you feel that your ex is a threat - there are ususally people at the court houses to help you with the paperwork. Based on what you told me, I don't see any potential for suit against police or county.

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Answered on 2/24/03, 4:08 pm


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