Man, woman sue police after alleged assault, wrongful arrest

By Dan Harkins | Jul 22, 2015

CHICAGO -- A man and woman who claim to have been assaulted and wrongly arrested, then subjected to lies about their actions, are suing the city and several police officers for committing the ruse or covering it up. 

Lisa Simmons and Jeremiah Smith filed a complaint on July 9 in Cook County Circuit Court against the city of Chicago, and police officials or officers Brett Kahn, Alberto Zayas, John Dineen and unknown police officers. 

According to the lawsuit, Kahn violently assaulted and arrested both plaintiffs, and to "cover up the unjustified brutal assault on the plaintiffs and their unjustified arrests, the defendants falsely claimed that Ms. Simmons was drinking upon a public way and falsely stated that she attempted to flee."

Smith also was accused of grabbing Kahn's hand and throwing a punch with his other hand, the lawsuit states.

Simmons was ultimately charged with drinking on a public street, and Smith was charged with battery, resisting arrest and unauthorized use of a weapon. 

Simmons won at trial, despite testimony from Kahn. Smith pleaded the lesser misdemeanor battery charge and served 12 days in the county jail. 

"Chicago police officers can feel comfortable inflicting excessive brutality and constitutional violations against black citizens, without fear of retribution," states the lawsuit, which details several statistics that illuminate the nationwide issue. 

The plaintiffs allege to have suffered injury, pain and suffering, humiliation, loss of liberty and property, degradation, anxiety and financial harm. Citing a conspiracy to deprive constitutional rights, failure to intervene, due process, unlawful search and seizure, false arrest conspiracy, intentional infliction of emotional distress, malicious prosecution and assault and battery, the plaintiffs seek unspecified damages and court costs.

The plaintiff is represented by attorney Rahsaan A. Gordon in Chicago. 

Cook County Circuit Court case number illegible.

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