Legal Roundup

I have a few legal news items to share ranging from a police lawsuit, information on a legal aid organization, and the local impact of a law change on sexual assault matters. The News-Gazette reported a lawsuit filed against the Champaign Police Department last month:

Man files suit accusing Champaign cop of forcing his way into home, beating him
...
The complaint said on Oct. 7, 2018, Wright, then 24, pulled into the driveway of a friend's home in Champaign, and Officer Tyler Darling then parked his squad car behind Wright's car and told Wright to get back in his vehicle. The suit said Darling suspected Wright of driving without valid registration.

The suit said Wright went into the house and tried to shut the door, and Darling then allegedly forced his way into the home, struck Wright in the face, pushed him into a wall and eventually handcuffed him.

Champaign City Attorney Fred Stavins said the legal department is aware of the lawsuit and is reviewing it.

Full blurb here. I haven't found any newer updates as of yet. The University is also facing a lawsuit, but on racial harassment. From the Daily Illini:

UI staff file racial harassment lawsuit
University employees filed a lawsuit on Jan. 28 in federal court, containing allegations of racial harassment of black employees and claims the office tasked with investigating discrimination is itself guilty of racial harassment.

The plaintiffs allege in the class action complaint filed with the court that racial harassment is “standard operating procedure” at the University.

The lawsuit alleges University staff used racial slurs, stereotypes and other offensive racial language toward black workers, calling them “n—–,” “boy,” “monkey,” “lazy,” “angry,” “rowdy” and “Aunt Jemima.”

According to the lawsuit, black employees were “exposed to threats of racial violence, such as nooses, swastikas, KKK garb, racist graffiti and confederate flags.”

...

Robin Kaler, associate chancellor of public affairs, said the University’s attorneys were still reviewing the lawsuit as of Sunday, and the University will not discuss specifics of the litigation at this time.

Full article with more details here. The lawsuit was recently expanded to the entire U of I system.

Mary Schenk's "Legally Speaking" podcast interviewed Brett Kepley who works for Land of Lincoln Legal Aid and a regular News-Gazette writer on legal issues for lay readers. Here's a couple excerpts on the legal aid program.

What does Land of Lincoln Legal Aid do?

Its mission is to provide legal aid, assistance, counseling, representation to low-income individuals and veterans and seniors. Because you are poor, you should not be denied legal representation.

The eight attorneys in the Champaign office (302 N. First St.) each have specialties. You do not handle criminal cases. What does your agency handle?

Primarily, we do family law, divorce and child custody, but it has to have involved domestic violence. (Other areas are) orders of protection between persons ... representing clients getting their homes foreclosed by mortgage companies ... helping individuals obtain Social Security claims, and debt relief.

More at the interview webpage here, including a link to the full podcast interview. The Daily Illini also had an article on Carle's local efforts when it comes to the treatment of sexual assault victims and the legal issues surrounding the evidence kits collected:

Law changes guidelines for evidence kits
A law was signed earlier this year that offers legal protection and provides sexual assault survivors with evidence kits that are to be kept for 10 years, access to showers and police reports at no cost.

Previously, if a patient was not ready to make a police report and release the kit, the kits were held at the hospital for up to two weeks...

The law also requires hospitals to provide an evidence kit, commonly referred to as a “rape kit,” and are required to keep this kit for up to 10 years so the patient may turn the evidence in to law enforcement when they wish...

To support and appropriately assist survivors with such specially trained nurses, the Illinois Attorney General’s office developed the Illinois Sexual Assault Nurse Examiner program...

Stynoski said SANE nurses have extensive training in classrooms and clinical experience over the course of a year by spending time practicing anogenital assessments, learning about the role of advocates, law enforcement and prosecutors and assisting with sexual assault exams...

Carle Foundation Hospital has already been providing many of the new requirements of the law such as photography and 24/7 availability of SANE nurses all year round.

“We are working on contracts with area hospitals to formalize how and when patients should be transferred to Carle for medical and forensic services, as well as drafting a formal area-wide treatment plan that shows how the hospitals will work together to provide high-quality care to survivors of sexual assault,” Stynoski said.

Full article with more details here. In related local news, an "increased number of sexual complaints filed is leading to longer wait time at resource centers for sexual misconduct victims."