Man shot by police: Wanton and willful misconduct: Wrongful death: Verdict

Law Reporter, May 2004

Lewis v. City of Chicago, Ill., Cook County Cir. Ct., No. 99 L 006348, Oct. 17, 2003.

RUSS, 22, was pulled over by police for an alleged traffic violation. Russ allegedly drove three miles before pulling over after police ordered him to, and then refused to get out of the car. A police officer smashed the passenger side window of Russ's vehicle with his gun. When Russ grabbed the gun, the officer shot Russ, killing him. Russ, who had been a college student, is survived by his parents and minor son.

His son's mother, on behalf of Russ's estate, sued the city and the officer individually, alleging wanton and willful misconduct in pursuing Russ and excessive force in shooting him. Defendants alleged Russ grabbed the officer's gun. Plaintiff denied that Russ touched the gun and alleged that if he did, it was in self-defense.

A jury found plaintiff 20 percent at fault and defendants 80 percent liable. It awarded $12 million, which was reduced to $9.6 million to reflect the finding of comparative fault. The city will pay the entire amount.

Plaintiff's experts were Dan Fittanto, accident reconstruction, Champaign, Ill; Tom Givens, firearms, Memphis, Tenn.; James Fyfe, police practices/procedures, New York, N.Y.; and Michael Baden, forensic pathology, New York, N.Y.

Defendants' experts were Lucien Haag, criminology, Carefree, Ariz.; Richard Mason, pathology, San Jose, Cal.; Timothy Palmbach, criminology, Meriden, Conn.; Louis Dudney, economics, Chicago, Ill.; and Clarence Chapman, police procedures, Los Angeles, Cal.

Plaintiff's Counsel

*Donald A. Shapiro, Chicago, Ill.

Charles Wallace, Chicago, Ill.

Comment: Russ's parents have filed a separate suit in federal court against the city and the police officer under federal civil rights law. Their suit is pending.