Suing the local PD, I was threatened and harassed

[thechicagoguy]

What is the name of your state (only U.S. law)? Illinois

Hi guys

I recently went through a situation that has me so flustered and I need some help with information. The situation described bellow occurred recently between myself, my autistic daughter, and the local pd


I have a daughter who is autistic and rides a special ed bus

A few other issues related to my daughter and autism, there have been times where my daughter bolts and takes of running. Something might have caught her attention, she might be trying to communicate something, I don't know at times. Also she does not always respond when she is called, which can always lead to difficult situations. Since my daughter has been enrolled in school a bus service provided by the district picks her up. Our routines is like this in the morning before she leaves:

Bus arrives and honks>We get my daughter's jacket and book bag on>rush out of door>enter bus(my daughter).

Now as a safety precaution most buses that I have seen recently deploy a lighted stop sign on the driver side that is visible to oncoming traffic from the front and rear, this happens when the bus driver opens the door to allow a person on.

Well, on the morning of May 23,2012 at 10:45 a.m., my daughter and I started our routine again as the bus pulled up and honked. By the time I stepped out of the house the bus door was open and my daughter and I proceed to walk towards the bus so she could board. As I walked I noticed the back end of a black car that was either stuck between the curb and the bus, or was actively trying to sneak past the bus. After my daughter boarded I walked to the front of the bus, near the engine, and told the driver of the black car the he wasn't supposed to be trying to sneak past a stopped bus loading children.

He responds, "Huh?"

I replied, " Its illegal to try to pass a stopped bus." As the car reversed, I noticed that the driver was a police officer. I was about to apologize, but then he blurted out, "If you don't shut your mouth I am going to arrest you." He had threatened me. I snapped, this police office was trying to sneak past the bus while my nonverbal, autistic, sometime irresponsible daughter was getting on the bus!

To his blurt I replied, " I want your badge number and your captains name and contact info." The officers response was to pull his car forward, grab me by the wrist and slam me against his car, then tell me, to put your hands on the car. Him and his partner kept asking if I had been arrested, if I had anything on me, all I wanted was his badge number and his direct report contact info. The officer proceeded to question me, identify me, then fill out some type of yellow identification card about me, what for, I don't know. The officer kept calling me, "this idiot" or "this goof ball" I never once disrespected the officer, unless you consider asking for his identification and direct reports information a crime? If anything I was compliant. Shortly after this incident began another citizen approached the officers with a problem, they decided I was not worth arresting so they let me go, before the left I again asked for the officers badge numbers and supervisors contact info, which I did not get.

What I did get was a visit from a sergeant, that says he was the officers in question supervisor. I explained the situation to the sergeant, and expressed why I was so upset and why I felt the need to make some type of report. The sergeant tried to explain that at certain times the officers are within their legal right s to pass stop signs, use force. But, I explained to the sergeant that according to what I went through and witnessed there was no emergency the officers were attending to. If they had truly been in an emergency situation their lights would be flashing and they would be actively finding ways to get around the bus, not harass me. What I saw was the officers abusing the privilege of their badges, then they were trying to justify their actions by threatening to arrest me. I do feel that the police officers did handle me improperly, but I am outraged for my daughter who cannot speak for herself.

Honestly, who polices the police? Who is responsible for making sure our police force is not corrupted. Yeah sure, it was a tiny thing, a police officer trying to get past a stop sign, but what if my daughter had bolted, what if they had struck her. This life isn't meant to be lived by what if's, this is why there are laws put in place to govern certain activities that we perform, weather you are a civilian or an officer. As I said, I don't see that my conversation with the sergeant will amount to anything, and this is why I am asking if i have any case?

 

[Mass_Shyster]

You are certainly free to sue, but I doubt you would accomplish anything or feel satisfied.

You were not permenantly injured, so you have no claims for monetary damages.

You will likely make the officer's life unpleasant during the course of the litigation, but it will cost you thousands of dollars to do so.

Or you can just move on and realize that some people are more equal than others.

 

[thechicagoguy]

Or you can just move on and realize that some people are more equal than others.

well said.

I really am more upset that the officers thought they had the right to get past the school bus that was loading children, while they were not on an emergency..

 

[Proseguru]

You are free to sue the officer's personally (you cannot sue them in their official capacity). You going to do this?

In reality, the cop did not, in actuality, pass the school bus, right? Your legal ? is : can a cop detain you for asking for his ID information? I doubt it. But they may make up something else to warrant your detention.

You are free to continue up the chain of command and complain .. do it in writing.

 

[CdwJava]

I am curious ... at the time the officer was passing the bus, was it stopped where it was suppose to be along the right hand curb? Were the red lights flashing, and the "Stop" sign arm extended? If not, then were any passing vehicles legally obligated to stop?

But, even if their passing was legal, based solely upon your interpetation of events, the officer would appear to be out of line and at least behaved in an unprofessional manner - likely even unlawful. Whether or not the facts will support any good claim for a lawsuit is something you would have to speak with an attorney about. If an attorney is not willing to take the case on contingency (i.e. he or she will wait to be paid until the matter is settled) then you may be out a lot of money up front. It is up to you to decide whether the issue is worth the money to pursue.

I don't know whether or not IL mandates that agencies MUST investigate personnel complaints, but it is likely that they do. However, even if they investigate that does not mean that a conclusion would be reached that you would agree with.

 

[thechicagoguy]

I am curious ... at the time the officer was passing the bus, was it stopped where it was suppose to be along the right hand curb? Were the red lights flashing, and the "Stop" sign arm extended? If not, then were any passing vehicles legally obligated to stop?


I don't know whether or not IL mandates that agencies MUST investigate personnel complaints, but it is likely that they do. However, even if they investigate that does not mean that a conclusion would be reached that you would agree with.

To answer your questions,

The two lanes in front of my house have cars parked along the curb, so traffic can pass, but the passage is very reduce, add a school bus and there is not much room for passage. And the bus was stopped directly in front of my house. The door to the bus was open and the lights were flashing.

As best as i have research:

Chicago Police Department General Order G03-03
EMERGENCY USE OF DEPARTMENT VEHICLES

Article III. you can read the whole thing >> http://directives.chicagopolice.org/directives/data/a7a57be2-1291920c-54712-9192-0f951c07268edb24.html

A. Police vehicles have been afforded special privileges and exemptions when engaging
in emergency response calls and motor vehicle pursuits . These special privileges
apply only when the vehicle is readily identifiable as an emergency vehicle. All
Department members will adhere to the provisions of Chapter 625 ILCS 5/11-205,
"Public officers and employees to obey Act; Exceptions." These provisions do NOT
relieve Department members from the responsibility of driving with due regard for the
safety of all persons, nor do such provisions protect Department members from the
consequences of any conscious disregard for safety.

ALSO

(625 ILCS 5/11-1414) (from Ch. 95 1/2, par. 11-1414) read the whole thing >>> http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh.+11&ActID=1815&ChapterID=49&SeqStart=103600000&SeqEnd=127100000

Sec. 11-1414. Approaching, overtaking, and passing school bus.
(a) The driver of a vehicle shall stop such vehicle before meeting or overtaking, from either direction, any school bus stopped at any location for the purpose of receiving or discharging pupils. Such stop is required before reaching the school bus when there is in operation on the school bus the visual signals as specified in Sections 12-803 and 12-805 of this Code. The driver of the vehicle shall not proceed until the school bus resumes motion or the driver of the vehicle is signaled by the school bus driver to proceed or the visual signals are no longer actuated.
(b) The stop signal arm required by Section 12-803 of this Code shall be extended after the school bus has come to a complete stop for the purpose of loading or discharging pupils and shall be closed before the school bus is placed in motion again. The stop signal arm shall not be extended at any other time.

There also is a separate body that investigates complaints against police. Ive already filed a complaint.

 

[thechicagoguy]

You are free to sue the officer's personally (you cannot sue them in their official capacity). You going to do this?

In reality, the cop did not, in actuality, pass the school bus, right? Your legal ? is : can a cop detain you for asking for his ID information? I doubt it. But they may make up something else to warrant your detention.

You are free to continue up the chain of command and complain .. do it in writing.

No he did not , actually pass the bus. I spoke with the school bus driver and he says the cop was trying to squeeze past him after the bus came to a complete stop. Doesn't this show intent?

You have a point about the legal question.

Well right now, in the city there is this big thing with the mayor cracking down own people who violate school zone related laws, i am hoping this works to my advantage.

 

[CdwJava]

The two lanes in front of my house have cars parked along the curb, so traffic can pass, but the passage is very reduce, add a school bus and there is not much room for passage. And the bus was stopped directly in front of my house. The door to the bus was open and the lights were flashing.

But, IL law also requires the stop sign be extended ... it is possible, if no sign was extended, that the passing would not have been a violation.

And, of course, when the officer was trying to pass, could the flashing lights have been turned off? You were on the side of the bus and I suspect could not have known for certain whether the lights were flashing or the arm was extended.

I understand that the officers could not just arbitrarily violate the traffic laws without cause, but the issue is less about the officer violating the traffic law and more about whether his actions vis-a-vis you was proper and lawful. Based solely on your account, the answer would seem to be "no." However, we don't know what the officer's account might be.

Yes, this might be a case of the officer's ego and temper getting the best of him. But, he might have a different take on your actions - actions which you believe were proper and respectful, but that may have been viewed differently by him and his partner. Whether right or wrong, I can't say, but it's likely that he will have a different interpretation of what occurred.

There also is a separate body that investigates complaints against police. Ive already filed a complaint.

That's good.

 

[CdwJava]

No he did not , actually pass the bus. I spoke with the school bus driver and he says the cop was trying to squeeze past him after the bus came to a complete stop. Doesn't this show intent?

But ... before the officer tried to "squeeze" past, had the red lights been flashing AND the stop sign arm been extended? Out here, they usually don't start flashing the lights until the doors are open and boarding is actually beginning .... and very often this doesn't begin until after traffic had passed.

 

[thechicagoguy]

But ... before the officer tried to "squeeze" past, had the red lights been flashing AND the stop sign arm been extended? Out here, they usually don't start flashing the lights until the doors are open and boarding is actually beginning .... and very often this doesn't begin until after traffic had passed.

If you read Sec. 11-1414. Approaching, overtaking, and passing school bus above, I have provided two points from that Sec. there are others, but the first two do not require the bus to have the arm activated, there are other provisions that recognize the use of the arm, but as I understand what is written above

If the bus is stopped, with intent of picking up children, then this legally requires traffic to halt.

Am I reading it wrong?

 

[CdwJava]

If you read Sec. 11-1414. Approaching, overtaking, and passing school bus above, I have provided two points from that Sec. there are others, but the first two do not require the bus to have the arm activated, there are other provisions that recognize the use of the arm, but as I understand what is written above

If the bus is stopped, with intent of picking up children, then this legally requires traffic to halt.

Am I reading it wrong?

Somewhat ....

Such stop is required before reaching the school bus when there is in operation on the school bus the visual signals as specified in Sections 12-803 and 12-805 of this Code.​

12-803 covers the stop arm, and 12-805 concerns the flashing lights. A stop is required when these items are in operation on the bus.

 

[thechicagoguy]

Somewhat ....

Such stop is required before reaching the school bus when there is in operation on the school bus the visual signals as specified in Sections 12-803 and 12-805 of this Code.​

12-803 covers the stop arm, and 12-805 concerns the flashing lights. A stop is required when these items are in operation on the bus.

Yikes, stole my thunder. BUt honestly there was no way the police car would have made it past the bus. He actually has to back up let the school bus pass, then proceeded to harass me.

 

[CdwJava]

Yikes, stole my thunder. BUt honestly there was no way the police car would have made it past the bus. He actually has to back up let the school bus pass, then proceeded to harass me.

This is why I suggested that the focus be less on his passing the bus, and more on his interaction with you. From your account, his response was unacceptable. THAT is the point that will be of greatest interest to the agency.

Interesting enough, you say that this is an investigation by a separate entity. I recently saw some Inspector's office for Chicago recruiting for investigators ... I wonder if this is a new emphasis to clean up the agency?

 

[thechicagoguy]

This is why I suggested that the focus be less on his passing the bus, and more on his interaction with you. From your account, his response was unacceptable. THAT is the point that will be of greatest interest to the agency.

Interesting enough, you say that this is an investigation by a separate entity. I recently saw some Inspector's office for Chicago recruiting for investigators ... I wonder if this is a new emphasis to clean up the agency?

I hope it is. I didn't know anything about it until this happened, its called IPRA, Independent Police Review Authority.

 

[HighwayMan]

You are free to sue the officer's personally (you cannot sue them in their official capacity)

What the hell does that mean? How do you sue someone in their "official capacity"? You would sue the agency. Or the individuals personally.

In all likelihood if the officers are sued then their employer will determine whether they were acting properly If they were then they will be indemnified by their agency. If not then they're on their own - and don't count on getting much of a settlement.