Skip to comments.Paraplegic Claims Cops Whaled on Him
Posted on 07/30/2012 11:45:25 AM PDT by Altariel
CHICAGO (CN) - A paraplegic man claims in court that two police officers in suburban Harvey threw him to the ground and pepper-sprayed him because he used his cell phone to videotape the officers searching a car. Marc Miller sued the City of Harvey, former police Officer Shane Gordan, and Officer Simpkins in Federal Court. Miller says he "was and is paralyzed from the chest down with no or limited use of his body other than his head, neck, arms, and hands as a result of being shot in the year 1991." Miller claims he was sitting in his wheelchair on a public sidewalk in Harvey in August 2010 when he "observed defendant Gordan, then a Harvey police sergeant, conduct a search of a civilian vehicle he ha[d] stopped." "Plaintiff believed the search of this civilian vehicle was being conducted in a very aggressive manner, so he took out his cell phone and attempted to videotape the interaction on his cell phone while remaining on the sidewalk 30 or more feet from where defendant Gordan was conducting the vehicle search," Miller says. When Gordan saw him, he demanded that Miller give him the cell phone, Miller says. "When plaintiff verbally responded in the negative to this request, defendant Gordan grabbed plaintiff by the hair, and physically removed plaintiff from his wheelchair, bringing plaintiff to the ground. "Shortly thereafter, defendant Simpkins approached plaintiff as he was on the ground, and sprayed plaintiff in the face and eyes with oleoresin capsicum, more commonly known as 'pepper spray.'" Then, Miller claims, "Gordan and/or Simpkins forcefully pushed plaintiff's head in the ground while one or both of them had their knees in plaintiff's back." He says, "Gordan and Simpkins did not have a reasonable basis for using the amounts of force used against the plaintiff." He seeks punitive damages for excessive force. He is represented by Neil Toppel of Chicago.
Case filed and assigned to a court already. Jury trial requested. A follow-up post on the result can be helpful, probably 6 months from now unless a plea is entered quickly.
Miller v. City of Harvey, Illinois
Plaintiff: Marc Miller
Defendants: City of Harvey, Illinois, Shane Gordan and Officer Simpkins
Case Number: 1:2012cv05813
Filed: July 24, 2012
Court: Illinois Northern District Court
Office: Chicago Office
Presiding Judge: Samuel Der-Yeghiayan
Nature of Suit: Civil Rights - Other Civil Rights
Jurisdiction: Federal Question
Jury Demanded By: Plaintiff
Did he have an assistance dog for the cops to shoot? If not, I can understand why they had to beat him up.
Interesting. If I had to spell it I would spelled it “wailed”.
Maybe, but not for filming cops.
Every department needs to update cops on First and Fourth Amendment Rights and keep their cops from doing stupid stuff like that.
Besides, if they’re not doing anything wrong, what do they have to worry about?
There’s a scene in this movie “Eagle vs. Shark” where a guy returns back home to have a showdown fight with the bully who beat him up when he was a kid. When the day comes for the big fight, the bully shows up in a wheelchair, paralyzed from the waist down. Instead of cancelling the fight, they end up going at it anyway, and it is pretty hilarious.
Haha. Oh sure, when I witness possible police misconduct, my first thought is to report that to... the police.
I'm certain they both claimed the plaintiff kicked them.
Know what the difference is between a Chicago-area cop and a gangbanger?
You got proff they diddn’t act as charged? I bet it’s on tape...
Cops are a tad different than when you were twenty.
With homeland inSecurity training and changes in the culture, they are off the rails and need their a$$e$ kicked. They are going to get it, too.
Unfortunately some innocent cops are going to suffer with the bad ones. But that is because the good guys won’t stand up against the bad ones anymore and get back in line with the constitution.
Do you have proof that the guy with the phone camera was doing anything wrong? You seem a tad bit oversensitive.
LOL ... thanks ... funniest post I’ve read in a long time.
You DU trolls never cease to amaze me.
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