Plaintiff was found outside ballpark with the credit card of a police captain’s daughter. Police captain and other unknown officers beat him, put a loaded gun in his mouth, and broke teeth. Captain sentenced to 7 years prison on federal 1983 charges.
Plaintiff was wrongfully convicted of a 1984 double homicide and sentenced to death, then re-tried and acquitted in 2009. Plaintiff alleged that Defendant Officers fabricated false eyewitness identifications and false inculpatory testimony from informants, and suppressed exculpatory evidence by burying it in a street file. Plaintiff alleged that the suppression of the street file was caused by the policies and practices of the City of Chicago. The Defendants contended that Plaintiff was guilty of the double homicide.
Plaintiff was arrested for a homicide in 2006, underwent two jury trials, was convicted and served 7 years of a life sentence before one of the perps of the original crime was picked up by the feds. He gave a proffer statement which led to a re-investigation of the homicide by the feds and one lamplighter LEO, where it was discovered that 2 police reports containing exculpatory information for Plaintiff and INCULPATING the true killer were removed from the homicide file. After motion for new trial, prosecutor dismissed in 2014.
The Settlement Agreement covering the Baltimore City Detention Center was negotiated long after a previous Consent Decree had been entered and administratively closed. The settlement is comprehensive as to medical and mental health care, with some general physical plant provisions. The fees may also cover up to $100,000 in fees for formal post-settlement enforcement activities. Previous phases of the case prior to the old Consent Decree go as far back as 1965.
A 77-year-old retired psychologist with no criminal record, 5 feet 2 inches tall, 140 pounds, was falsely arrested, and injured by jail guards during book-in after expressing annoyance and confusion when denied access to his attorney’s phone number. One guard grabbed plaintiff’s left arm; a larger guard lunged suddenly from a side room, grabbed plaintiff’s arm and pulled it behind plaintiff’s back and upward, and slammed his left forearm behind plaintiff’s neck. This arm-bar maneuver caused a massive full-thickness rotator cuff tear of plaintiff’s right shoulder.
Officer Joshua Henninger took out his department issued Freeze +P chemical irritant and gave a burst directly into Plaintiff’s eyes. Plaintiff and his brother later approached Officer Henninger, and Plaintiff said he wanted Officer Henninger’s badge number. Officer Heidi Eisenbeis and Officer Luis Realivasquez subsequently took Plaintiff to the ground, by jumping on Plaintiff from behind, pushing Plaintiff face first into a city bench on the sidewalk, and kneeing Plaintiff in the ribs at least twice.
Salem Police responded to a call for a welfare check on Chase, a-27-year old Black male, reporting he was suicidal, under the influence of Xanax, and in possession of his father’s gun. When police arrived on scene, he was not there. Over an hour later, after dark, Chase approached, walking slowly and calmly up the street. Officers testified that Chase was holding a revolver, upside down and by the butt, as he approached. The officers shined their lights at him and officers simultaneously shouted different commands at him.
Following a report of child sexual abuse, Officer Kyllo inaccurately identified the suspect as plaintiff, even though he interviewed the actual suspect twice in jail. Kyllo filed a false affidavit in the form of a statement of probable cause, seeking a warrant for the arrest of plaintiff. A judge signed a warrant for plaintiff’s arrest, plaintiff was arrested and held in jail for two days, and plaintiff fought a criminal sexual conduct charge for a month until it was dismissed.