Publication: Cook County Jury Verdict Reporter Published: 1/22/2010
(BBB 15/5) CIVIL RIGHTS--OFF-DUTY COPS BEAT AND ARREST GAY REALTOR AT SHOWING (14)
Joseph Paradiso v Officer James Obaldo, Officer James Prerost, City of Chicago 07C-4247 Tried Nov. 16-20, 2009
Verdict: $400,000 ($100,000 false arrest; $200,000 excessive force; $100,000 malicious prosecution).
Judge: Blanche M. Manning (USDC IL NE)
Pltf Atty(s): Jeffrey J. Neslund and Michael D. Robbins DEMAND: $250,000
Deft Atty(s): Kathryn M. Doi, Liza M. Franklin and Bhairav Radia of Chicago Corporation Counsel for all defts (SELF-INSURED)
OFFER: $50,000
Pltf Medl: Dr. Susan Bank (Psychiatrist), Dr. Robert Berry, Ph.D. (Psychologist) and Paul Marando, D.C. (Chiropractor)
Deft Expert(s): Dr. Angelos Halaris of Loyola University Medical Center, 2160 S. First Ave., Maywood, IL (708-216-3276) (Psychiatrist) for all defts
Jan. 20, 2007, pltf M-50 real estate broker contended he was physically assaulted by deft off-duty Chicago police officers after defts were thirty minutes late for a real estate showing in Lincoln Park, a condominium located at 915 W. Montana.
Pltf was the seller's agent and deft M-33 Obaldo, a part-time real estate agent, was the buyer's agent representing deft Prerost's sister as a potential buyer. Pltf was arrested and charged with battery to Obaldo, and spent five hours in custody at the police station. The criminal charges against pltf were dismissed when the defts failed to appear in court. Pltf claimed the incident caused him to suffer cervical strain, back pain, right shoulder pain, scrapes to his head and face, post-traumatic stress disorder, and aggravation of pre-existing obsessive-compulsive disorder ($6,646 medl., $44,949 lost commissions for 9 months). Defts maintained pltf initiated the physical confrontation because he was furious they were late for the appointment.
The defense argued pltf did not suffer from PTSD, the incident did not aggravate his OCD condition, and pltf was exaggerating his symptoms for the purpose of the lawsuit.