The Courthouse New Service has reported that the parents of a mentally ill woman, that after being arrested and subsequently released by police suffered a rape, shattered bones and brain damage, has now filed a $100 million personal injury lawsuit.
C.E., 21, was arrested on May 7, 2006, after security at Midway Airport had to prevent her from boarding a flight – that would have delivered her to her California home – because she had been behaving strangely. Her behavior remained erratic as she exited the airport and entered a rail and bus terminal, where she was picked up by officers from the Chicago police department.
The suit states that in 2005, following an auto accident, C.E. was diagnosed with bipolar disorder. However, days before her arrest she had stopped taking the psychotropic medications that had been prescribed for her.
C.E. did not tell police that she was bipolar or that she had refrained from taking her medicine, though she was notably manic during the arrest. Officers also failed to summon a medical authority. However, the arresting officer suggested that C.E. be evaluated by a physician.
The suit further states that both C.E.'s stepfather and mother telephoned the station, more than once, regarding C.E.'s medical state.
At around 6:30 p.m. C.E. was released from a holding cell where she had been moved, 7.3 miles from Midway airport, and out into the Robert Taylor Homes project without a cellular phone or an idea as to where she was. The area is considered crime-infested and sexual assaults occur 15 times more often there than they do nearer to Midway.
Posner wrote, "They may as well have released her into the lion's den at the Brookfield Zoo. She was lost, unable to appreciate her danger, and dressed in a manner that attracted attention (a cutoff top with a bare midriff, short shorts, and boots); and she is white and well off while the local population is predominantly black and not affluent, causing her to stand out as a person unfamiliar with the environment and thus potential target for crime."
C.E. allegedly joined a group of young men and entered one of the high-rise buildings in the projects. From there was raped at knifepoint, and then either jumped or was pushed from the seven-story building.
C.E. suffered with a shattered pelvis, several broken bones and serious brain damage.
The rapist, identified as M.P., was convicted of kidnapping and restraining – but not of sexual assault – and was recently released on parole from state prison.
C.E.'s mental capacity has been reduced to one of a child's. She now resides with her parents in California.
Over a dozen Chicago police officers have been named in the suit filed by C.E.'s mother. A three-judge appellate panel has ruled that most of the officers are not qualified for immunity. The court has also ruled that some of the injuries that C.E. sustained could have been the result of her not receiving medical attention while she was detained.
If you, or someone you hold dear, has been injured by another party, you have grounds for a lawsuit. You can work to recover your damages when you contact a personal injury lawyer.