The Chicago Personal Injury Law Blog

Cop Sued for Hitting Autistic Boy

By Steven Tanner on December 14, 2009 9:13 AM | No TrackBacks

A Chicago police officer who allegedly hit a 16-year-old autistic boy with a metal baton last April, splitting his head, is being sued by the boy's family (Tribune) in federal court.

Oscar Guzman, now 17 years old, claims he was beaten by police who mistook him for a crime suspect when he refused to answer questions. Anyone familiar with autism knows how much of a challenge it can be to get an autistic child to cooperate, especially if he or she doesn't know you.

Obviously they got the wrong guy, but police say Guzman matched the description of a suspect they were pursuing.

Here's the report from ABC 7 television news: 

After being questioned, Guzman ran away from officers and into his family's restaurant, followed by the police. Even though his parents tried to explain to the officers that he has disabilities and doesn't understand what they're talking about, they continued to confront Guzman and allegedly cracked him in the head with a baton. The wound required staples.

The Guzman family now is seeking unspecified damages, likely for assault and battery and infliction of emotional distress (specific claims were not mentioned in published articles about the suit), naming the officer and the City of Chicago as defendants. His sister, Nubia Guzman, told reporters that he hasn't completely healed (ABC 7):

"Up to this day he still has night terrors. He still feels edgy  around this department that's supposed do serve and protect."

Guzman's family also is suing the Independent Police Review Authority (IPRA), which they claim is stalling the investigation and concealing the identity of the officers. In a statement quoted by ABC 7, the IPRA says "it will not sacrifice the thoroughness of an investigation in order to meet a timeline."

 

 

 

 

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