An alderman for the city of Harvey is accused of beating a man over an altercation about cars parked on one of the city's streets.
Christopher Wilson says that on May 2, 2008, while working at Midnite Auto on S. Halsted in Harvey, Keith Price, alderman of the 6th ward of the city, drove up to the business and verbally demanded from his car that Wilson move certain automobiles that were parked in front of Midnite Auto.
According to the complaint, the following then occurred:
- When Wilson refused to move the automobiles, Price exited his car and demanded that Wilson get the owner of Midnite Auto.
- Wilson told Price to "get the owner yourself."
- As Wilson looked away, Price attacked him "with a series of punches to the head," which were so severe that Wilson's jaw was fractured and he lost consciousness.
The complaint further states that Price made the demands on Midnite Auto in response to calls from senior citizens that the cars parked in front of the business were blocking their view of northbound traffic as they turned onto S. Halsted.
The plaintiffs originally filed in federal court. Read the opinion on that case here.
The opinion left open the opportunity for plaintiffs to file in state court, which they have done today. Read the complaint after the jump.
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2 Comments
jack said:
On the federal side, it got dismissed for lack of "color of office," although the way that "government" "works" in Harvey and Dolton, I wouldn't think it would be too hard to establish a Sec. 1983 claim.
On the other hand, since there is a definitive ruling that this was not under "color of office," does that mean that Harvey doesn't have to defend the state suit? Hence, the dismissal might be a Pyrrhic victory for the "distinguished councilman," since basically the state claim would be for an unjustified assault.
jack said:
But I also notice that the Plaintiff alleges that the defendant was an agent of Harvey, I suppose because the individual defendant wouldn't be good for the judgment.
What a legal mess.
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