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Paraplegic Claims Cops Whaled on Him
Courthouse News ^ | July 26, 2012 | JACK BOUBOUSHIAN

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.

TOPICS: Miscellaneous
KEYWORDS: donutwatch; paraplegic
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To: Altariel
Memory is cheap enough and cameras are small enough that it is reasonable for a person to have a camera on their body somewhere recording constantly through the day. About the only problem part is the battery. Considering how many exhibitionists put everything on Facebook, there will be a market for people just mounting a camera to their heads and recording everything they do just in case something interesting happens. Cops are just going to have to get used to the idea that while doing their jobs they will be recorded and by too many people to detain them all. Even if they try, some will get away with videos of the cops removing cameras from people.
21 posted on 07/30/2012 12:25:37 PM PDT by KarlInOhio (Recycled Olympic tagline Shut up, Bob Costas. Shut up! Shut up! Shut up! Shut up! Shut up! Shut up!)
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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
County: Cook
Presiding Judge: Samuel Der-Yeghiayan

Nature of Suit: Civil Rights - Other Civil Rights
Cause: 42:1983
Jurisdiction: Federal Question
Jury Demanded By: Plaintiff

22 posted on 07/30/2012 12:52:18 PM PDT by AlmaKing
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To: Altariel

Did he have an assistance dog for the cops to shoot? If not, I can understand why they had to beat him up.

23 posted on 07/30/2012 12:55:55 PM PDT by MeganC (The Cinemark theatre in Aurora, CO is a 'Gun Free Zone'. Spread the word.)
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To: Altariel

Interesting. If I had to spell it I would spelled it “wailed”.

24 posted on 07/30/2012 12:58:28 PM PDT by freedomlover
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To: cripplecreek
When I was a 20 something ...
It's been a long time since I was 20, but long before even then - when they still carried real night sticks - I knew not to screw with the cops. Period.
25 posted on 07/30/2012 12:58:55 PM PDT by oh8eleven (RVN '67-'68)
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To: cripplecreek

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?

26 posted on 07/30/2012 1:14:42 PM PDT by Little Ray (AGAINST Obama in the General.)
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To: cripplecreek

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.

27 posted on 07/30/2012 1:15:30 PM PDT by Boogieman
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To: oh8eleven

Haha. Oh sure, when I witness possible police misconduct, my first thought is to report that to... the police.

28 posted on 07/30/2012 1:32:00 PM PDT by Boogieman
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To: cuban leaf
Meanwhile, I wonder what the cops said happened.

I'm certain they both claimed the plaintiff kicked them.

Know what the difference is between a Chicago-area cop and a gangbanger?

The uniform.

29 posted on 07/30/2012 2:34:09 PM PDT by pierrem15 (Claudius: "Let all the poisons that lurk in the mud hatch out.")
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To: cripplecreek

You got proff they diddn’t act as charged? I bet it’s on tape...

30 posted on 07/30/2012 2:53:40 PM PDT by SaraJohnson
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To: oh8eleven

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.

31 posted on 07/30/2012 3:00:23 PM PDT by SaraJohnson
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To: cripplecreek
You got proof that’s why or are you just running your mouth?

Do you have proof that the guy with the phone camera was doing anything wrong? You seem a tad bit oversensitive.

32 posted on 07/30/2012 3:08:42 PM PDT by Sirius Lee (Goode over evil. Voting for mitt or obie is like throwing your country away.)
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To: SaraJohnson
LOL ... thanks ... funniest post I've read in a long time.
You DU trolls never cease to amaze me.
33 posted on 07/30/2012 3:30:43 PM PDT by oh8eleven (RVN '67-'68)
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To: oh8eleven

LOL ... thanks ... funniest post I’ve read in a long time.
You DU trolls never cease to amaze me.

Get bent. :)

34 posted on 07/30/2012 6:17:37 PM PDT by SaraJohnson
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