Settling for Misconduct
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Case 07-CV-5908

$547,500

FALSE ARREST

Off duty On duty Minor Excessive force Retaliation Threats/intimidation False arrest or report Physical force Other charges filed

Plaintiff: A.M.

Incident date: 05/05/2007

Location: 9241 S. Leavitt St.

Allegations:

J.M., 11, was playing with his sister, A.M., 13, and their friends at a school playground on the South Side. J.M. got in an argument with another boy and the boy left the playground. Later, the boy's father, Detective Robert Smith, arrived at the playground with his son, who pointed at J.M. The father got out of his car and began to chase several kids around the playground before physically attacking J.M., yelling at him and telling him he was under arrest. When A.M. tried to help her brother, Robert Smith physically attacked her and told her she was under arrest too. A.M. broke free of Robert Smith and used a bystander's phone to call her mother. When her mother arrived, she saw Robert Smith clutching her son. When she identified herself and asked Robert Smith to let J.M. go, he refused. Two female officers arrived at the playground, and Robert Smith released J.M., showed them his badge and told them to arrest J.M. Detective Gorman arrived, spoke privately with Robert Smith, and then handcuffed J.M. Sergeant Stacey Smith—Robert Smith's wife—also arrived, as did Sergeant Evitt. Both sergeants told the other officers to arrest J.M. and A.M. The children were handcuffed and taken to a police station, where they stayed for eight hours. Their mother had to wait an hour until she could see her children, and the sergeants and detectives filed false reports against J.M. and A.M. The children were found not guilty.

Additional plaintiffs:
  • J.M.

ROBERT SMITH

PO AS DETECTIVE

2064822419
$547,500 total payments

JAMES EVITT

SERGEANT OF POLICE

250814987
$567,500 total payments

EDWIN GORMAN

PO AS DETECTIVE

2028921947
$547,500 total payments

STACEY COTTER

SERGEANT OF POLICE

216322556
$547,500 total payments