Settling for Misconduct
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Case 15-CV-8434

$100,000

EXCESSIVE FORCE/MINOR

On duty Threats/intimidation Excessive force False arrest or report Physical force Nightstick Assault or battery to an officer charges Weapons charges Resisting or obstructing arrest charges

Plaintiff: Lisa Simmons

Incident date: 07/11/2014

Location: 1500 S. Christiana Ave.

Allegations:

Neighborhood residents held a block party to celebrate two local teenagers who had signed a recording contract with a music label in Atlanta. When Officers Kahn and Zayas arrived, they began verbally harassing and assaulting the partygoers. When Simmons asked why the officers were accosting her 21-year-old son, Kahn slammed her body and head onto the hood of a patrol car. Kahn pulled out his baton, walked toward Smith and struck him in the head, causing him to collapse. Kahn and Zayas then arrested Smith and Simmons and took them to the police station. The officers then falsely charged Simmons with drinking on a public way, and Smith with battery, resisting arrest and unauthorized use of a weapon. Kahn told Smith that if he requested medical treatment for his head wound, Smith would be sent to Cook County Jail. Smith did not ask for medical treatment, but he was held and transported to jail anyway, where he spent 12 days before pleading guilty to simple battery so that he would be released. Kahn testified against Simmons at her trial, but she was acquitted.

Additional plaintiffs:
  • Jeremiah Smith

JOHN DINEEN

SERGEANT OF POLICE

24103
$100,000 total payments

BRETT KAHN

POLICE OFFICER

1778529884
$200,000 total payments

ALBERTO ZAYAS

POLICE OFFICER

28227
$115,000 total payments