A mother has filed a lawsuit against the Chicago Police Department alleging excessive force.
The mother claims that two officers roughed up her 13-year-old son after the cops broke up a group of boys who were banging on buckets, reports the Chicago Sun-Times.
While the boys did reportedly run from the cops, the mother claims that her son and the other children were not out past curfew and were not violating any laws.
In her lawsuit, the mother describes a police officer chasing after her son and then tackling him to the ground. She says that the officer threw the boy against a metal gate before tossing him to the ground.
While on the ground, it’s claimed that the officer kicked and kneed the boy in his upper body, causing the boy to bleed from his head. The mother says that police later told her that her son had hurt himself by falling.
In her lawsuit, the mother will have to overcome several obstacles.
First, to sue the police, the mother may need permission from the state. Government agencies like the police department are oftentimes immune to personal injury lawsuits, and the mother may have to follow state and local procedures to file her claim.
Second, the mother may have a difficult time proving excessive force. That’s because police are generally given leeway in the amount of force they can use. Police have a job that by nature can be violent. As a result, police officers are typically not liable for injuries that occur during the course of an arrest. Only in extreme circumstances, where the amount of force used was completely unjustified, will a court find the police responsible.