IL-Family awarded $333,000 for damges icaused by police raiders that shot their dog

[Anti Federalist]

Family gets $333,000 for 2009 raid in which cops killed dog

http://www.chicagotribune.com/news/l...,4697991.story

By David Heinzmann, Tribune reporter

August 19, 2011
A federal jury awarded $333,000 to a Chicago family Thursday after Chicago police officers raided its South Side home with guns drawn and shot its dog in a search that found no criminal activity in the apartment.

Teenage brothers Thomas and Darrell Russell were in their second-floor apartment in the 9200 block of South Justine Street in February 2009 when officers announced they had a warrant to search both units of the two-flat. Thomas Russell, then 18, opened the door and found officers with their guns drawn, according to the lawsuit. Russell said that he put his hands in the air and asked permission to lock up his 9-year-old black Labrador, Lady, before they entered.

Police refused the request and came into the house, the lawsuit said. When Lady came loping around the corner with her tail wagging, Officer Richard Antonsen shot the dog, according to the suit, which alleged excessive force, false arrest and illegal seizure for taking the dog's life.

Thomas Russell was arrested and charged with obstructing police but was later found not guilty. No drugs were found in the Russell family's apartment, though police recovered drugs in the building's other unit, the family's lawyers said.

"Darren and Thomas did everything right that night," said Amanda Antholt, one of the family's lawyers. "They were cooperating with the officers and were met with guns to their heads and the shooting death of their family dog."

Jennifer Hoyle, a spokeswoman for the city's Law Department, said: "The officers involved in this case were executing a valid search warrant when this incident occurred and were simply protecting themselves. We are extremely disappointed and reviewing all of our options. In particular, we think the damages awarded to the plaintiffs were excessive."

The jury awarded Thomas Russell $175,000, Darren Russell $85,000 and their parents $35,000 each. The jury also awarded the family $2,000 in punitive damages, levied against Antonsen for shooting the dog, and $1,000, against the police supervisor who made the decision to arrest Thomas Russell.

[Napolitanic Wars]

Finally AF posts something NOT depressing. lol

I know, don't shoot the messenger.

[DamianTV]

If we are able to hold the Police accountable for their actions of advocated violence, they will probably lessen the degree to which they are advocating violence. The police themselves need to be held personally accountable, thus, sue the Cop and not the entire Police Dept and take his house if his actions are unwarranted. Then maybe this Cop On Dog Killing Spree will end.

[Rael]

Between lawsuits and getting shot in the face, killing family pets is becoming a less attractive pastime.

[Anti Federalist]

Finally AF posts something NOT depressing. lol

I know, don't shoot the messenger.

A positive update, one year later:

A year ago last weekend, a jury decided that Thomas Russell Jr.’s black Lab, Lady, was worth $333,000.

http://www.suntimes.com/news/othervi...ed-by-cop.html

It was 2 years before that, in February 2009, when Chicago Police officers, guns drawn, walked into the Russell family’s South Side apartment, executing a search warrant for the entire two-flat.

Lady, a nosy creature, came trotting into the family room, and an officer shot her with a shotgun.

A city spokesman later said the officers were protecting themselves. But Russell’s son, Thomas Russell III, who had picked Lady and named her, didn’t see it that way. Denied permission to lock up Lady, the younger Thomas had watched helplessly, his hands raised above his head, as the officer shot her.

He was 18 and home alone with his 16-year-old brother, Darren.

Police found drugs in the neighboring apartment, but not a thing in the Russell home. All the same, Thomas III was charged with — and later found not guilty of — obstructing police. The family’s lawsuit alleged excessive force, false arrest and intentional infliction of emotional harm.

A little help for family

After attorney fees, the jury’s award of $333,000 shrank to $200,000 — still a good chunk of money. It was an acknowledgment that an injustice had been committed, which the Russells say is what mattered most, and it brought the family a measure of security and well-being that had been out of reach on Russell Jr.’s salary as a CTA bus driver.

Where did the money go?

It went toward a new house in Calumet City. And toward new furniture that Russell’s wife, Darcel, had always wanted. And toward old utility and credit card bills.

Thomas III bought some little things he had always wanted for his infant daughter, Amirah, and he set up a savings account in her name.

He also bought an orange Camaro emblazoned with Chicago Bears emblems, a purchase his mother tried to thwart.

And some went toward a bedroom set and sneakers for Darren.

Perhaps sweetest of all, the two brothers took a few less fortunate kids from the neighborhood shopping for clothes.

Bloodstained floor

But before things got better for the Russells, in those first days and weeks after the shooting, there was the impossible effort to avoid the bloodstain on the wood floor where Lady died.

Thomas III suffered nightmares, and both brothers talked to a counselor.

“That was my best friend,” Thomas III said after the jury verdict. “We did everything together. When I worked out, she’d be right there watching me. She’d sleep when I’d sleep.”

And the front window seemed empty.

Like clockwork, Lady’s head used to pop up in that window when anybody came home. Darcel was especially comforted to see Lady in the window when she knocked off her late shift with a janitorial service.

But more important, the family says now, Lady’s death was a reality check.

“It could have been one of my sons who got shot,” the elder Thomas Russell said. “And they’re good boys. We always made sure they were doing activities. We never let them run around. We knew where they were every minute of the day. But the neighborhood [near 92nd and Ashland] was changing for the worse . . . gang violence, gang recruitment, shootings. Lady took the hit for all of us to wake us up and realize it was time to relocate.”

A new dog named Mac

Things are looking up.

The family chose a new dog from a local shelter, a Rottweiler/shepherd mix named Mac.

“He’s not as smart as Lady,” the elder Thomas said, “but he’s growing on us.”

Thomas III, now 21, plans to join the Air Force.

And Darren plans to go to college.

“If we didn’t have the money from Lady’s death, I believe we still would have gotten here,” the father said. “But it would have been a strain on me, especially after my wife lost her job.”

Would Russell give it all back — the money and all it got them — to see Lady again?

“Yes,” he said without hesitation. “Lady was part of the family.”

[HOLLYWOOD]

Take the awarded money out of the cops/DA wallets, not the taxpayers!

The taxpayers weren't the tyranny reigning terror or killing, why should the taxpayers be fined for $333K? This quarter could of gone to local schools, homeless shelter, or a refund to the residents.

[Anti Federalist]

Take the awarded money out of the cops/DA wallets, not the taxpayers!

The taxpayers weren't the tyranny reigning terror or killing, why should the taxpayers be fined for $333K? This quarter could of gone to local schools, homeless shelter, or a refund to the residents.

I agree.

[phill4paul]

[Ender]

Take the awarded money out of the cops/DA wallets, not the taxpayers!

The taxpayers weren't the tyranny reigning terror or killing, why should the taxpayers be fined for $333K? This quarter could of gone to local schools, homeless shelter, or a refund to the residents.

I'm glad they got the money and until the taxpayers get off their duffs and do something about this kind of behavior, they are, in many ways, complicit.

[tod evans]

Take the awarded money out of the cops/DA wallets, not the taxpayers!

^^^^^^^^^This! ^^^^^^^^^^^^^

[AFPVet]

If we are able to hold the Police accountable for their actions of advocated violence, they will probably lessen the degree to which they are advocating violence. The police themselves need to be held personally accountable, thus, sue the Cop and not the entire Police Dept and take his house if his actions are unwarranted. Then maybe this Cop On Dog Killing Spree will end.

Exactly! End police immunity!