Legal Question in Personal Injury in Illinois

College Student Sued

My brother in law is a student in college and about two years ago he ran from a cop because he was drinking under age at a house. The cop tackled him and the cop injured his shoulder. They took the student to court for assaulting a police officer (pressing felony charges). He was found guilty but the charges were reduced to a misdemeanor. The judge stated the student was a probable cause but not necessarily the probable cause for the officer getting hurt. The officer is now suing the college student for $30K plus medical bills. Does the officer have a case? How does a college student pay for these charges if the police officer wins? Are any other family members liable for paying?


Asked on 10/02/07, 10:29 pm

1 Answer from Attorneys
John Eliasik Citizens' Law Office

Re: College Student Sued

There are many principles of law that apply here, and may be of interest to you. However, without knowing more, I cannot be sure which apply and to what extent.

First, the police officer would have to show that his injury was caused by your brother's negligence. That may be an issue here, as all he did was run.

This runs into another issue. The injury appears to have been caused by the P.O.'s decision to tackle your brother. This brings up the question of contributory negligence by the officer.

As far as paying for any judgment, you should find out if your brother is covered by your parents homeowners insurance. IF so, you can notify them, and they MAY accept coverage and defend the case.

Under your fact scenario, family members do not seem likely to be on the hook for any judgment.

By the way, the criminal case, and the judge's remarks, have no bearing on the P.O.'s civil suit, from the limited facts here.

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Answered on 10/02/07, 10:50 pm


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