In a municipal liability case, Johnson & Bell, Ltd. Shareholder Brian P. Gainer obtained a defense verdict in favor of his clients, two Chicago Police Officers. The plaintiff alleged that the defendant police officers used excessive force against him, unlawfully searched and seized his vehicle, conspired to violate his civil rights, and failed to provide him medical care.
The defendant officers were responding to a 911 battery report, which named the plaintiff as the offender. The plaintiff resisted arrest and a struggle ensued, and ultimately, the plaintiff was arrested after he was pepper sprayed by the officers. Because of the alleged excessive force, the plaintiff claimed he suffered headaches, reoccurrence of a pre-existing shoulder injury, chemical burns, pain and suffering, and emotional distress. The plaintiff asked the jury upward of $200,000 for recompense. The defense argued that the plaintiff violently resisted arrest, and that they acted reasonably under the circumstances. The jury returned a verdict for the defendants on all counts.
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