A Chicago woman charged with driving under the influence of
alcohol and obstructing a peace officer in March claims in a lawsuit that a
Skokie Police officer used excessive force.
In her civil rights lawsuit filed Tuesday in U.S. District
Court, Cassandra Feuerstein, 47, of West Rogers Park, claims that Skokie Police
Officer Michael Hart used excessive force when she was arrested.
“At the door of the open jail cell, defendant Hart gave
plaintiff a violent shove in the back, using both of his hands,” according the
lawsuit. “Defendant Hart used so much force in doing this that plaintiff was
flung across the cell head first into a cement bench at the far side of the
cell.”
The suit states that Feuerstein’s face “split open” and she
began to bleed profusely. She broke several bones in her face, her lawyer said.
The lawsuit also claims that Hart made false statements to others at the Skokie
Police Department, erroneously accusing her of resisting efforts to be escorted
into a jail cell.
Feuerstein’s lawyer, Torreya Hamilton, subpoenaed footage
from video cameras at the Skokie Police station. The video shows a man in a
police uniform pushing her into a cell and then her head striking a concrete
bench.
“He whips her through the door and into the cell,” Hamilton
said. “There was no threat to any of the police officers. It’s clear on the
video that the [behavior] was indefensible.”
Feuerstein underwent facial reconstruction surgery and now has
a titanium plate in her face. All of the teeth on the right side of her mouth
are loose, Hamilton said. The full extent of the damage is not yet known, she
said.
The lawsuit doesn’t ask for a specific amount in damages.
The lawsuit states Feuerstein is seeking “a fair and just amount sufficient to
compensate her for her damages, as well as such other relief as is just and
equitable.”
The Skokie police report of Feuerstein’s arrest states that
she was parked in the middle of an intersection in the 3900 block of Howard
Street on the morning of March 10. She was slumped over inside her vehicle with
her right foot resting on the brake pedal, police said.
Feuerstein pleaded guilty to driving under the influence of
alcohol, Hamilton said Wednesday. The charge of obstructing a police officer
was dismissed during the criminal trial. Judge Jeffrey L. Warnick sentenced her
to one year of court-ordered supervision and ordered her to pay a roughly
$1,600 fine, according to court records. The resisting arrest charge against
and three other traffic citations were dropped, records showed.
Hamilton said her client had no previous interactions with
police and this was her first DUI.
“She cooperated with the Breathalyzer and admits she was
driving after she had been drinking,” Hamilton said.
On Wednesday, Skokie Police said the village had not yet
been served with the lawsuit. Hamilton said that will happen within the next
week.
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