08/27/2007
Gay Victim to Contest Chicago's Motion to Dismiss Cop Beating
The City of Chicago wants the court to dismiss a lawsuit brought by Alexander Ruppert, who sued the city after police took him into custody and then allegedly beat him after he used a cell phone in the back of the patrol car.
As reported by the Chicago Tribune in June: "According to Ruppert's lawsuit, two officers asked him to leave the bar and put him in the back of a squad car but didn't handcuff him or arrest him. The officers have not been charged with a crime. They made 'vulgar comments referring to his sexual orientation' and after driving him a block away from club, hit him in his face and on his head while calling him names, according to the lawsuit. Ruppert weighs about 120 pounds, while the officers each weigh more than 200 pounds, Erickson said . Ruppert told the officers he was HIV-positive and pleaded for medical attention, the lawsuit said. The officers took him to Weiss Memorial Hospital, where he received 16 stitches for a cut under his left eye and other treatment, the suit said. Simonton said that according to the initial charges, Ruppert was 'injured during the transport to the police station,' but she had no further details. The two officers were treated for injuries at a hospital, Simonton said. Ruppert's lawsuit claimed that the officers' injuries were not legitimate and included an injury to a knuckle that one officer suffered while punching Ruppert."
The City has filed a motion to dismiss Ruppert's lawsuit "because gays aren’t entitled to equal protection under the U.S. Constitution" according to the Chicago Free Press:
'When we filed the equal protection count, we knew the federal government was behind the curve in recognizing that the equal protection clause should cover sexual orientation,' said attorney Michael Oppenheimer. 'We expected more from the City of Chicago. The City’s position is an affront to all residents of this fine city.' Oppenheimer’s partner, Jon Erickson, said the City’s position surprised him, given the ongoing effort to bring the 2016 Olympics to Chicago. 'The international community is far ahead in recognizing the equal rights of the gay community,' Erickson said. 'To deny gay people equal protection under the law will not play well internationally.'"
Posted 4:00 PM EST by Andy Towle in Chicago, Crime, News | Permalink
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Mike, I don't think people are angry at the city of Chicago because of two cops who may (or may not) have brutalized someone.
People are angry because the city's legal department is taking an official position that gays don't qualify for equal protection in order to nullify the lawsuit. While it may be tactically sensible from a legal position, we all know that "the law often allows what honor forbids."
Posted by: Zlexar | Aug 27, 2007 8:11:51 PM
It is typical and expected to have the defense attorneys file a motion for the dismissal of a case on the grounds of lack of evidence or something similar. I think, however, considering the severity of the charges of police brutality and abuse of power, they could have come up with a more convincing reason to base their dismissal request. It goes without saying that it is a completely low ball tactic. Unfortunately, it is a completely legal one -- sadly allowed for and commonly accepted.
Posted by: Rus | Aug 27, 2007 8:43:20 PM
This sounds like someone is trying for a court clarification of law. Under the equal protection clause of the Constitution...ANYONE who is a citizen(and lately, non-citizens) can file a discrimination suit.....being of a **protected** sub-group just helps(women, blacks, asians, handicapped etc). The police just flat don't have the right to beat ANY citizen without cause...period.
This suit should NOT be thrown out and most likly won't be.
Posted by: Joshua | Aug 27, 2007 10:05:01 PM
this is so eerily familiar. back in the 80's, my partner and i left a close-to-down-town gay bar in san antonio. we stopped at a 7-11 and bought some snacks. while he was driving, i fed him a bite of a twinkie snack. everything was cool until we were stopped by an sapd officer for allegedly running a stop sign. we had not. this became obvious as a second patrol car arrived and both officers began to beat and handcuff my partner for an alleged assault. when i asked them why this was happenning and asked for their id's, i was beaten as well.
needless to say, it took thousands of dollars and worry and heartbreak for us to be found innocent. it cost untold pain and hardship on both my and his families while we fought the STATE OF TEXAS in the guise of these piss-ants, but we won. this shit has to stop. how do we make it happen?
Posted by: nic | Aug 27, 2007 11:44:17 PM
Chicago sucks, too.
Posted by: SC | Aug 28, 2007 1:23:37 AM
I couldn't find an email address to complain to the Mayor of Chicago, but I did find this form to file a complaint with the Governor:
http://www.illinois.gov/gov/contactthegovernor.cfm
Posted by: Guy Paul | Aug 28, 2007 3:03:44 AM
How about an open letter to the good senator from Illinois - you know, the one who also happens to be running for president?
Posted by: Giovanni | Aug 28, 2007 9:28:07 AM