Chicago Battery / Assault - The Chicago Personal Injury Law Blog

The Chicago Personal Injury Law Blog

Battery / Assault in Chicago

Battery / Assault is most often thought of as a criminal law issue, but if you have been the victim of a battery or assault you may also have a personal injury case. In personal injury cases, battery and assault are known as "intentional torts."

The elements of the intentional torts of battery and assault are generally the same as the elements of the crimes battery and assault, but the required intent is different and the burden of proof necessary to find a defendant guilty is lower in a personal injury case. A Chicago Personal Injury lawyer can help you understand the differences and protect your rights.


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Late last week, the verdict in the Anthony Abbate lawsuit sent a clear message to the Chicago Police Department: the informal "code of silence" must go. It also resulted in more than a message: $850,000 was awarded to the bartending victim, Karolina Obrycka. In total, the lawsuit is expected to cost over $5 million, thanks to years of legal fees.

The Chicago Tribune argues that the time has come to concede defeat and pay up. However, there is a good reason to continue the fight: issue preclusion.

Earlier this week, we talked about a possible resolution of a long-pending lawsuit against the Chicago PD for releasing a mentally ill woman into a dangerous neighborhood, where she was subsequently attacked. That incident happened in 2006 and the case is still pending. That's not the only long-delayed Chicago PD case that is drawing to a close.

Ex-officer Anthony Abbate's infamous beating of a female bartender in 2007 also resulted in a lawsuit against both Abbate and the Chicago Police Department. The trial is currently ongoing. The claims against Abatte are probably a foregone conclusion, as the following tape is pretty clear:

There were rumors floating around about Kelly Sweet, an eighth-grade teacher in the St. Francis School District south of Milwaukee. Some thought she had "a crush" on a student. Her colleagues complained that she "blurred the line" with students and treated them like friends, reports Courthouse News Service. However, even the teacher who was her most ardent critic did not suspect illegal activity.

The school district investigated the matter, interviewed Sweet, and found no proof of misconduct. But Sweet eventually pleaded guilty to criminal charges involving kissing, and possibly "petting," one of her students after the victim's mother found inappropriate text messages on his cell phone.

One wonders if there is more to this story.

The plaintiff, Jorge Velez, alleged in a lawsuit filed on August 3 that a Maywood Police Officer, Hector Matias (a.k.a. H. Matais), gave chase to Velez for unknown reasons. Matias then allegedly rammed Velez’s motorcycle with his police cruiser, severely injuring Velez. Officer Matias wasn’t done however. He then allegedly rammed Velez’s face into the ground repeatedly, reports the Courthouse News Service.

That’s a sucky day. And that day wasn’t quite over, as Matias then arrested Velez and filed charges. Fortunately for the quite-sore-plaintiff, the prosecutor dropped the charges after reviewing a surveillance tape of the incident.

It's been between 50 and 60 years since the alleged sexual assaults, yet according to Charles Anderson, 62, the experiences still affect him. The childhood abuse set him down a path that has led to a lifetime in the correctional system and a chronic need for counseling, reports the Courthouse News Service.

He claims in a federal lawsuit that former priest Thomas Windham sodomized him at Maryville Academy when he was not even 10 years old. He also alleges abuse by Father Cosmo at St. Joseph's Orphanage.

And now, a legal oddity is precluding him from bringing suit.

Is this the finale to one of the darkest chapters in Chicago law enforcement history? Yesterday, the City Council approved over $7 million in payouts to settle lawsuits stemming from police-sanctioned torture in the 1980s, reports the Chicago Sun-Times. However, even with the payouts, the victims’ attorneys are not satisfied; they are still waiting for an apology.

Michael Tillman will receive $5.37 million. He spent more than 23 years in prison. He confessed to the crime after being tortured for four days by Chicago police officers, reports the Associated Press. He was later declared innocent.

Another day, another police brutality and excessive force lawsuit, right? According to official reports and the Chicago Tribune, the shooting on July 6 in Cicero was simply a case of a cop shooting a gangster that pulled out his piece first. The article didn't even name the deceased.

According to the lawsuit filed last week, it was far more complicated than that. The complaint alleges that the deceased, Cesar Munive, was riding his bike when the police rolled up at high speed. One of the officers, Officer Dominick Schullo, pulled out his weapon and fired a bullet into Munive's back. The victim was then handcuffed and denied medical treatment during his last moments. He was unarmed.

There is a common refrain of complaint amongst us full-figured types: Why, oh why, do fast-food and casual dining places only give you one packet of sauce? If a customer just ordered 20 chicken nuggets, shouldn't it be obvious that more than one Sweet and Sour packet is required to enjoy the full flavor and tastiness that is in those processed poultry treats?

Most of the time, such requests are met with either rolled eyes or a demand for $0.10 per packet. New China Wok, at least according to Tiawanda Shears, instead decided to beat the crap out of her and throw her through a glass door, reports Courthouse News Service.

But did she get her sauce packets?

Kwamesha Sharp, 17, claims that she was attacked by the Harvey Police Department. She had just left a doctor's appointment and was heading to a friend's house. When she arrived, there was a commotion. When she tried to figure out what was happening, an officer tackled her, reports ABC 7.

Normally, this would fly under the radar. Cops tackle people all of the time. Usually, there's little or no damage, beyond hurt feelings. Unfortunately, Sharp was pregnant with her second child.

There are a lot of safeguards in place to protect study participants. Before a drug study can actually go forward, it usually has to be presented to an Institutional Review Board (IRB), who checks the study against FDA regulations. The FDA also reviews studies that meet certain guidelines.

After those two agencies sign off, the patient still has to give informed consent and sign a waiver. Oak Brook-based Advocate Health Care kinda skipped all of that, reports the Chicago Tribune.