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.