In January 2010, Patrick Kelly, a drunk, off-duty Chicago police officer, began hitting his dog in the presence of a friend, Michael LaPorta. LaPorta, who’d been drinking with Kelly, intervened to prevent the off-duty cop from abusing the dog. When LaPorta then started to leave, Kelly shot him in the back of the head using his Chicago PD service weapon. LaPorta survived the shooting but suffered traumatic brain injuries which left him severely and permanently disabled.
A subsequent lawsuit against the City of Chicago charged that the City was responsible for LaPorta being shot, because of the City’s failure to detect and discipline police officers for violent misconduct. Prior to the LaPorta shooting, Kelly, on the Chicago police force for almost six years, already had eighteen recorded complaints against him, including one for off-duty domestic violence, and another for an off-duty assault. Kelly had not been disciplined for any of those complaints. In finding the City liable, the jury awarded over $44 million in damages to LaPorta. However, on appeal, the federal circuit court reversed the judgment against the City, stating that none of LaPorta’s federal rights had been violated.
In filing an amicus brief with the U.S. Supreme Court, The Rutherford Institute and Cato Institute asked that the jury’s award and judgment be reinstated against the City for failing to adequately discipline its police officers, thereby causing the off-duty police officer to think that he could shoot LaPorta with his own service weapon with impunity. The amicus brief also warned the Court against establishing a legal loophole for municipalities to avoid responsibility for dangers created by their policies and practices.
The amicus brief in First Midwest Bank v. City of Chicago is available at www.rutherford.org. Affiliate attorneys Robert T. Schofield and Robert S. Rosborough IV of Whiteman Osterman & Hanna LLP assisted The Rutherford Institute and Cato Institute in calling on the Supreme Court to hold municipalities accountable for failing to discipline police for off-duty violence.
The Rutherford Institute, a nonprofit civil liberties organization, provides legal assistance at no charge to individuals whose constitutional rights have been threatened or violated, and educates the public on a wide spectrum of issues affecting their freedoms.
Source: https://bit.ly/3m460ZK
|