Woman awarded $ 7,000,000 for false arrest

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We here on the board often hear how it is impossible to successfully sue the police for false arrest. Here is another case were that is again proven to be false. Story on www.foxnews.com of a nursethat was arrested and jailed for stealing a cops firearm after helping him after an accident.

I hope our friends in Pa collect a multiple of this award.

Never be hesitant to litigate with over false arrest.

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CHICAGO— A nurse who helped a Chicago police officer from a wrecked squad car and was later accused of stealing a weapon has been awarded $7.7 million by a federal jury for false arrest.[/b]

In November 2002, a car ran a stop sign in Rachelle Jackson's neighborhood, slamming into a squad car. According to her attorney, Jackson, who was walking nearby, found the officer behind the wheel unconscious and the passenger, Officer Kelly Brogan, dazed.

She pulled Brogan from the wreckage. Soon after, police approached Jackson and told her that the driver's weapon had been stolen.

Jackson was accused of the theft. She was charged and spent more than 10 months in the Cook County Jail awaiting trial. Her case was later thrown out by a judge and Jackson sued the city of Chicago.

Defense attorney Andrew Hale said the amount the jury awarded Jackson was "excessive."

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http://www.chicagotribune.com/news/local/chi-federal_jury_verdictjun13,0,4630555.story

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She was awarded over7 million dollars because she spent 10 months injail after what a jury determined was a false arrest followed by a coercive interrogation. It isextremely unlikely she would have been awarded 7 million dollars solely for a false arrest. The 7 million dollars was a jury award for not only the false arrest and the 10 month imprisonment before her case went to trial, but also because the prosecutors should have dropped the case (as the judge quicklydid) as they hadalmost noevidence except an injured, dazed officers vague recollection of someone trying to grab her gun. Everyone involved dropped the ball here, repeatedly, over a multi-month period - which is how you end up with a 7.7 million dollar jury award.

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So what DID happen to the officer's missing gun?

The nurse was accused of taking the officers gun and later arrested.

She was charged in the theft and spent 10 months in jail awaiting her trial.

It appears it went to criminal court, she wasfound guilty, and then circuit court on appeal where a judge threw it out for some reason.

One of the officers stated that the nurse tried to getHER gun AND putthe officerin a full nelson!!! So you have an officer advising on some strange activities now.I fail to see how this was actually thrown out of court and would enjoy reading the reason why.

The fact is that one officers gun is missing and the other officer was attacked by the nurse who tried to get the officers gun. So based on that I do not see how she actually won.

But this is Chicago and their reputation is less than stellar.

The amount is rather excessive in my opinion but if that is what the people want to give her....so be it.They can pay more in taxes to recover it over the next few years.

Because we all know.... in the end it is the people who are paying this bill.

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That is the bad thing in most cases the taxpayers foot the bill. In the case of the police beating of Rodney King, officers did have to actually pay some personally.One had his home seized and several did jail time. I would like to see MUCH more of that in extreme cases where it wasn't just a judgment call but a willful abuse of the constitution.

Sounds like the judge in the above case didn't believe the other officer. I find it hard to believe a nurse would attempt to take an officers gun, while rendering assistance at an accident scene. Something is a bit strange about this case.

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jack wrote:

That is the bad thing in most cases the taxpayers foot the bill. In the case of the police beating of Rodney King, officers did have to actually pay some personally.One had his home seized and several did jail time. I would like to see MUCH more of that in extreme cases where it wasn't just a judgment call but a willful abuse of the constitution.

Sounds like the judge in the above case didn't believe the other officer. I find it hard to believe a nurse would attempt to take an officers gun, while rendering assistance at an accident scene. Something is a bit strange about this case.

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True....

This is just so bizarre to read. A gun is missing... an officer says the nurse tried to take hers.... I do not know. Too strange!!

The fact remains that the officer's gun was taken... so by whom? Otherwise it was lost before the crash and they faked the whole thing. :uhoh:

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LEO 229 wrote:

True....

This is just so bizarre to read. A gun is missing... an officer says the nurse tried to take hers.... I do not know. Too strange!!

The fact remains that the officer's gun was taken... so by whom? Otherwise it was lost before the crash and they faked the whole thing. :uhoh:

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Or, perhaps it was lost DURING the crash... An awful lot of force involved in a 2 vehicle collision...

Of course, I have no clue what this thread has to do with VA or OC, don't we have a general discussion forum for a reason:banghead::banghead::banghead:

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Moved to general.

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Good point, it could of went airborne on impact. Once I was in a serious accident and my daytimer was recover across the street. Someone could have spotted it and ...

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I doubt a gun that is holstered and snapped down inside a car is going to go far. :lol:

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maybe the nurse was REALLY anti gun and took the officers sidearm and threw it away...because you know...guns are evil and stuff.

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Prophet wrote:

maybe the nurse was REALLY anti gun and took the officers sidearm and threw it away...because you know...guns are evil and stuff.

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I can tell that rescue moves them away all the time when they walk up to check and see if a murder or suicide victim is really dead. :shock:

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LEO 229 wrote:

The amount is rather excessive in my opinion but if that is what the people want to give her....so be it.

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Just out of curiosity, how much would you accept for 10 months of your life? And keep in mind it's not just 10 months -- it's 10 months in jail.

It's not a trick question, so I will answer first. If I had been on the jury, the most I would have awarded her would have been in the $500,000 to $750,000 range. I think $50,000 a month is sufficient in this case.

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Here's more information on this case:

CHICAGO, June 13 /PRNewswire/ -- Rachelle Jackson, a southside Chicago woman, won $7.9 million dollars in her federal civil rights claim. "Rachelle is a hero, and the jury knew it," said Christopher R. Smith, one of the attorneys for Rachelle Jackson.

On November 19, 2002, Rachelle Jackson heard twisting metal and ran to aid the occupants of a Chicago Police vehicle that had been in a car crash. The car caught fire, but Rachelle rescued Chicago Police Officer Kelly Brogan from the car anyway. Many residents responded to aid the officers. During the chaos, someone stole the service weapon of Officer Brogan's partner, who lay slumped over the steering wheel unconscious. Rachelle went to the police station to be a witness.

Once there, officers subjected Rachelle to over fifty hours of coercive and abusive interrogation, without access to a bathroom. Days later, Officer Kelly Brogan, who Rachelle rescued, came forward with a lie that Rachelle Jackson had attempted to remove her star and steal her gun; Rachelle claimed she pulled the officer from the burning car. After over ten months in jail, Cook County Circuit Court Judge Schultz exonerated Rachelle of wrongdoing, just as the federal jury did yesterday. The eyewitnesses, except for Officer Brogan, all corroborated Rachelle's story.

The jury found in favor of Rachelle on six claims, as follows: Federal False Arrest - $150,000.00; State False Arrest - $250,000.00; Coercive Questioning - $500,000.00; Length of Confinement - $1,000,000.00; Malicious Prosecution - $2,000,000.00; and Intentional Infliction of Emotional Distress - $4,000,000.00.

"Officer Brogan's attempt to jail a woman who rescued her and the detectives that encouraged Brogan to do so reflects the integrity of the Chicago Police Department," said Daniel Alexander, lead attorney representing Rachelle. "Peoples' rights can be, are, and will be protected in Chicago," said Christopher R. Smith, speaking after the verdict.

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More:

Date: 6/14/2008

[align=left]Case Style: Rachelle Jackson v. City of Chicago, et al.[/align]
[align=left]Case Number: 03-CV-08289[/align]
[align=left]Judge: Ruben Castillo[/align]
[align=left]Court: United States District Court for the Northern District of Illinois, Cook County[/align]
[align=left]Plaintiff's Attorney: Chris Smith, Jim Baranyk, Phillip Coffey and Jared Samuel Kosoglad, Law Office of Christopher R. Smith, Chicago, Illinois and Dan Alexander, Law Offices of Daniel S. Alexander, Chicago, Illinois[/align]
[align=left]Defendant's Attorney: Stacy Ann Benjamin, Eileen Ellen Rosen, and Silvia Mercado Masters, Rock Fusco, LLC, Chicago, Illinois and Andrew M. Hale, Ebone Alexis Liggins, and Avi T. Kamionski, Andrew M. Hale & Associates, LLC, Chicago, Illinois[/align]
[align=left]Description: Rachelle Jackson sued Kelly Brogan, Michael O'Donnell and Patrick J McCormack on a civil rights violation theory under 42 U.S.C. 1983 claiming that she was falsely accused of stealing Police Officer Kelly Brogan's star and her partner's gun after an accident in 2002. Jackson claimed that on November 19, 2002 she heard the sound of a car wreck outside her home and when she went to investigate, she found that Officers Brogan in a burning patrol car. She claimed that she rescued Brogan from the burning car and was then falsely arrested and jailed for ten months before being exonerated. She further claimed that she was wrongfully interrogated for fifty hours.
The defenses asserted by defendants are not available.[/align]
[align=left]Outcome: Plaintiff's verdict for $7.9 million including $150,000 for federal false arrest; $250,000 for state false arrest; $500,000 for coercive questioning; $1 million for length of confinement; $2 million for malicious prosecution; and $4 million for intentional inflection of emotional distress.[/align]
[align=left]Plaintiff's Experts: Unknown[/align]
[align=left]Defendant's Experts: Unknown[/align]
[align=left]Comments: None[/align]

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In any case..... a gun is missing immediately after a vehicle collision. I can only presume it has never been located.

Why she would have wanted it.... and why the officers would have lied is beyond my comprehension.

But the jury heard all the details that I have not. They awarded her a ton of cash.

To answer your question... $36,000 a month seems sufficient to me. That comes out to $50.00 an hour for every hour she was there. If her job paid more than that maybe she should be entitled to more.She was in a county jail andnot a state prison where things are much worse. In that case.... I would give her$70,000 a month!

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So, false arrest, coercive questioning, confinement, malicious prosecution and intentional infliction of emotional distress, not to mentionthe police lying to get a conviction is only worth how much you make an hour????
So, if you are homeless then you should get nothing under the same circumstances????

I think you do not realize the award is not so much to compensate the victim, yes, VICTIM!!!!!!, but to punish the offenders so they do not do it again.

Also you should think about what she faced as being a convicted fellon if she was not found innocent on appeal. Her nursing career would have been history.

The thin blue line continues.:banghead:

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mobeewan wrote:

So, false arrest, coercive questioning, confinement, malicious prosecution and intentional infliction of emotional distress, not to mentionthe police lying to get a conviction is only worth how much you make an hour????
So, if you are homeless then you should get nothing under the same circumstances????

I think you do not realize the award is not so much to compensate the victim, yes, VICTIM!!!!!!, but to punish the offenders so they do not do it again.

Also you should think about what she faced as being a convicted fellon if she was not found innocent on appeal. Her nursing career would have been history.

The thin blue line continues.:banghead:

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Exactly, PUNITIVE damages are important and the Chicago PD deserves whatever award is arrived at by the jury. Their reputation for stomping on the rights of citizens and physically abusing people is well documented.

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I'm all for allowing the Victim to be paid a large sum of money,

but paying her 7,800,000 Dollars !?!?!?!?

You just made her a millionaire x 7.



It just doesn't seem right. I could see a couple million, maybe a few,

BUT ALMOST 8 MILLION !?!? :?

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Dustin, her attorney probably gets 30% to 40% right off the top. Then she has to pay taxes on whatever is leftover. So it's not like she really got $7.9 million. After all is said and done, she most likely will get somewhere in the neighborhood of $3.5 million.