Woman arrested after pulling officer from wreck

[mlr1m]

Chicago and police officers lose case and $7.7 million for false arrest -- chicagotribune.com


Chicago and police officers lose case and $7.7 million for false arrest
Woman pulled cop from wrecked car in 2002, but police said she stole service weapon
By Monique Garcia and David Heinzmann | Tribune reporters
11:07 PM CDT, June 12, 2008


A trained nurse, Rachelle Jackson immediately ran toward the sound of the crash. A Chicago police car had collided with another vehicle and was starting to smoke, two officers still inside. Fearing an explosion, she quickly pulled one officer from the passenger side.She never imagined her act of kindness nearly six years ago would land her in jail for more than 10 months on charges that she robbed, battered and disarmed a peace officer.

Jackson filed a lawsuit, and on Thursday a federal jury found against the city and several Chicago police officers, awarding Jackson $7.7 million for false arrest, malicious prosecution, coercive questioning and intentional infliction of emotional distress.

"I'm going to go home and lie down for a little bit," an ecstatic Jackson, 41, said after the verdict. "I feel relieved. I'm happy, and I'm thanking God."

The case began in November 2002, when a car ran a stop sign in Jackson's neighborhood, slamming into the squad car. Jackson was walking nearby and rushed to the scene. When she arrived, the officer behind the wheel was unconscious and the passenger, Officer Kelly Brogan, was dazed.



She pulled Brogan from the wreckage and helped her to a nearby stoop. Soon after, police approached Jackson and told her that the driver's weapon had been stolen. When she was asked to go to the police station for questioning, she thought it was as a witness to the accident.

Instead, Jackson was accused of the theft. She was held for two days with little food and water and was threatened with violence until she agreed to sign a statement police had prepared for her. She was then charged and spent more than 10 months in the Cook County Jail awaiting trial.

Her case was later thrown out by a Circuit Court judge. Jackson sued the city, Brogan and the two interrogation officers in 2003.

Defense attorney Andrew Hale said the amount the jury awarded Jackson was "excessive" and that he would file post-trial motions to have the amount reduced.

He also questioned Jackson's intentions when she pulled the officer from the car.

"The officer said [Jackson] came at her, tried to get her gun and put her in a full-Nelson hold," Hale said. "I'm disappointed the jury could think that would be a legitimate rescue technique."

But Jackson's attorneys said it was clear she was trying to help the officer, not harm her.

"This was an innocent woman who saved a police officer from a burning car," said Chris Smith, who tried the case with Dan Alexander. "There were many heroes out there who helped the police, but they all turned into suspects because some guy ran away with the gun."

mcgarcia@tribune.com

dheinzmann@tribune.com

[DefensiveCarry.com]

[matiki]

I wouldn't have believed it if it had been anywhere else.

[imatt]

Interesting how if anyone else had been pulled form a burning wreck, their immediate testimony would have been thrown out because of being in shock and the potential for not properly remembering. I'm incredibly surprised at this.

[Cupcake]

Not sure what to think. Anyway, the average trained nurse has no idea what is or isn't a legitimate rescue technique. So I don't buy that not performing a "proper" extrication indicates malicious intent.

[TravisABQ]

And police wonder why they don't get much community support.

Huh.

Imagine that.

[SIXTO]

And police wonder why they don't get much community support.

Huh.

Imagine that.

The major fault I see with this story is not with the police, its with the court.

[matiki]

The major fault I see with this story is not with the police, its with the court.

Do you have time to elaborate?

[SIXTO]

Do you have time to elaborate?

Sure; it seems to me that the major offense is being held for 10 months before trial, only for the judge to quickly see whats going on and toss it out.
The prosecutors office should have been looking this over, and see that it was a weak case, if she was guilty or not. Further, at the initial hearing for the charges, the judge should have also looked at her history to determine if she was a flight risk at all; given the info in the article, I would have to assume she is gainfully employed in the area with no criminal record... let her loose until trial would have been the prudent thing to do given the weak circumstances of the case.

Remember, the police only bring what appears to be a crime to the court, its up to the court to do the rest.

[Rob72]

Gotta disagree there, the story says the "city and the officers"- the judge found fault all around. Falsified/coerced testimony, false arrest, negligence/malfeasance, I'm sure all of those are in the ruling. Given the award, the City carries a whole lot of responsibility, ie the DA's office, but a couple of bad apples got roasted as well, it appears.

[SIXTO]

Gotta disagree there, the story says the "city and the officers"- the judge found fault all around. Falsified/coerced testimony, false arrest, negligence/malfeasance, I'm sure all of those are in the ruling. Given the award, the City carries a whole lot of responsibility, ie the DA's office, but a couple of bad apples got roasted as well, it appears.

Don't get me wrong, I agree that there was some definite wrong doing on all accounts, but I'd be certainly more upset for being held for 10 months than somebody hurting my feelings and being "mean" to me.

Crooke County is notorious for being one of the absolute worst communist run county's in the country... and a lot of people want to extend that nationwide in November.

[ccman]

I always wonder do you jump in and help and end up with a bad situation or stand back and be a good witness and let people die ?.

I'm sure everyone would jump in without thinking, but after reading this you got to wonder.

[Ram Rod]

I think the court awarded amount of $7.7mil is way too small in this case. Irreparable damage was done here. I also think they should re-name the county......Crook or Crooked County would be more like it! They definitely should have known better. It also sends a message to any would be good samaritans out there.........help at your own risk.

[ntkb]

Who arerested her……..Who restricted her food and water….. Who threatened her?
Why are there, what I suspect are fine LEOs, always so quick to defend the bad? Perhaps if more were willing to expose the less then honorable there would be added respect between those on the other side of the blue line.

[dukalmighty]

If you've ever tried to remove a body from a vehicle especially dead weight it's very difficult the officer may think shes being put in a full nelson when the individual is just trying to get some form of grip to pull them out of the vehicle,without anybody actually seeing you take the gun there is absolutely no evidence to support their theory and somebody else could of grabbed the gun while her attention was diverted,their gestapo tactics always come back to haunt them

[matiki]

Sure; it seems to me that the major offense is being held for 10 months before trial, only for the judge to quickly see whats going on and toss it out.
The prosecutors office should have been looking this over, and see that it was a weak case, if she was guilty or not. Further, at the initial hearing for the charges, the judge should have also looked at her history to determine if she was a flight risk at all; given the info in the article, I would have to assume she is gainfully employed in the area with no criminal record... let her loose until trial would have been the prudent thing to do given the weak circumstances of the case.

Remember, the police only bring what appears to be a crime to the court, its up to the court to do the rest.

Ahhh... now I see. I was just curious - I thought you questioned the outcome but now I understand you were referring to the prosecutors vis-a-vis the court. I would have to wholeheartedly agree with you.