It's not the same in all 50 states, but Illinois' Hate Crime Act includes hateful offenses against individuals based on their real or perceived sexual orientation, in addition to race, religion, national origin, physical or mental disability or gender. Which brings me to a civil case involving the Hate Crime Act, otherwise punishable as a Class 4 felony.
A woman named Frances Johnson who was initially arrested for assault when she tried to break up a scuffle between her son and a Chicago Housing Authority guard has filed an eight-count lawsuit (Davis v. Moore, DocStoc) that includes assault and battery, malicious prosecution and hate crimes.
A civil case invoking a criminal law? In Illinois, suspected hate crime victims may sue their offenders in civil court for personal injuries (physical, emotional) as well as punitive damages for extreme cases.
The security guard in question, Lester Williams, allegedly called Terrance Davis (Johnson's son) a "faggot" a couple of times and then "grabbed Mr. Davis by the collar and began to drag Mr. Davis out of the waiting room" of the CHA building on West Arthington. Then, the complaint claims, Williams verbally abused Davis some more while choking and hitting him.
Naturally, Johnson tried to stop Williams from beating up her son. But Williams lied to Chicago police by telling them that Johnson attacked him, so they arrested Johnson. Charges against Johnson eventually were dropped but the damage had already been done.
Now she and her son are suing for assault and battery, injuries suffered as the result of a hate crime and for her own "malicious" prosecution based on Williams' false information to police. The complaint doesn't say how much she's demanding in damages, but with eight counts and three defendants, it could be quite a bit.
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What is a hate crime? (Chicago Lawyers' Committee for Civil Rights Under Law Inc.)
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Commission on Discrimination & Hate Crimes (State of Illinois)
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FAQ: Hate Crimes Prevention Act (Human Rights Campaign)
- Directory of Chicago injury attorneys (FindLaw)
