COD Wants Beating Lawsuit Thrown Out
Attorneys for college say police have immunity from claims about inadequate protection
Attorneys for College of DuPage think a lawsuit brought by a former student relating to a 2010 beating should be dismissed because of "vague" claims, as well as legal protections afforded to public entities.
William Kendrick sued the school in April on allegations that unidentified police officers failed to stop a group of non-students from carrying out "violent intentions." Kendrick suffered head injuries and a loss of vision after being beaten to the point of unconsciousness in the April 2010 incident, court documents show. Kendrick also claims an officer posed for a "media photo" with him while he was unconscious.
In its recently filed response, the school suggests its officers acted properly in how they responded to Kendrick's emergency medical needs, noting that one officer did hold Kendrick's head to stabilize it while waiting for medical personnel to arrive, COD attorneys state in court documents.
Additionally, the school argues in its motion that it cannot be sued for premises liability because the lawsuit failed to show a connection between campus conditions and Kendrick's injuries. And, in general, the school wants the case thrown out because its officers were doing their job properly and have immunity from lawsuits claiming liability for someone else's actions.
"When each specific allegation (about police protection) is construed in the light most favorable to (Kendrick), the crux of the plaintiffs claim is clearly that the college failed to protect him from the violent criminal actions of a third party," COD attorneys wrote in the motion.
The lawsuit states COD police were told on April 28, 2010, of a group of six to 10 non-students "were present on campus for the purpose of doing bodily harm to a College of DuPage student." Details of the attack are scarce in the court records, except to state Kendrick was attacked from behind. The suit also doesn't specify whether Kendrick reported the group or if he was the intended target.
The case returns to court in October.
Julie Farrell
10:32 am on Wednesday, August 10, 2011
This disgusts me. Security was aware of the potential situation in advance of it's occurrence....and if that photo allegation is true (previous news reports indicate that it is), the school should absolutely be held liable.
lombard1234
12:34 am on Thursday, August 11, 2011
The officer in question was photographed candidly by a student journalist while attending to the injured student. The photograph ran in the student newspaper. I'm not sure what "previous news reports" you're reading, but this allegation is totally without merit.
Julie Farrell
11:13 am on Thursday, August 11, 2011
The previous news reports that I've read (from multiple local publications) stated that it was posed, which is the implication in the suit as I understand it. Posing and attending are two completely different things.
That being said, security was still aware of the potential situation prior to its occurrence....and did nothing to stop it.
I was under the impression that an individual was to use a real name on Patch. I could be crazy, but I'm pretty sure your parents didn't name you lombard1234.
jan
9:48 am on Friday, August 12, 2011
Here's one w/what I think you're referring to, Julie:
<q>"After the beating, while (Kendrick) lay helpless on the steps of the SRC an officer of the College of DuPage police department ... propped up (Kendrick) by the head for the purpose of posing with the still unconscious (Kendrick) for a media photograph," the suit states.</q>
http://glenellyn.patch.com/articles/lawsuit-cod-cop-took-photo-with-unconscious-beating-victim
Julie Farrell
11:51 am on Friday, August 12, 2011
Thanks, Jan. That very well could be one of them (I read quite a few, so I don't recall for certain).
The entire situation just blows my mind, though. "failed to show a connection between campus conditions and Kendrick's injuries. And, in general, the school wants the case thrown out because its officers were doing their job properly and have immunity from lawsuits claiming liability for someone else's actions." and " failed to protect him from the violent criminal actions of a third party"
So....the point of campus security is NOT to protect it's students, even if from each other?? Silly me, I thought campus security was to ensure the safety of students....hmm. Another COD media bumble that does nothing for the school's image.
John
3:37 pm on Wednesday, August 10, 2011
FYI, anyone who is interested in reading about laundry list of questionable activity at COD under the current administration, and finding names of media and legislative officials they can contact, can visit the Facebook page "Stand up against misconduct at College of DuPage" Dates of public COD meetings are also published on this page.
Jack Steen
11:10 am on Tuesday, October 25, 2011
"Immunity against prosecution...."??
ONLY in filthy DuPage County !