Student Sues Cops After Videotaped Killing

CHICAGO (CN) – A student claims Chicago police threw him in jail for 3 weeks and maliciously prosecuted him after a nationally publicized attack that culminated in the murder of a student at Fenger High School. The attack was videotaped and posted on the Internet, and the plaintiff, who was 17, says the video showed that he had nothing to do with it.

     Eugene Bailey, who was 17 at the time of the Sept. 24, 2009 attack, says he “was not involved in the physical altercation, was not captured on video, and it was obvious to any reasonable police officer who viewed that video, including the officers who arrested the plaintiff, that the plaintiff was not involved in the physical altercation.”
     Bailey sued the City of Chicago and John Doe police officers in Federal Court.
     The “physical altercation occurred at or near school grounds involving several students from Fenger High School,” on Chicago’s South Side, according to the complaint. The attack “was caught on video and widely published through several media outlets and on the internet.”
     “As a result of the physical altercation, one student, Derrion Albert, was murdered,” the complaint states.
     Despite the exculpating video evidence, Bailey says. “On or about September 28, 2009, one or more City of Chicago police officers caused criminal charges to be filed against the plaintiff, maliciously knowing there was no probable cause to charge the plaintiff with murder.”
     Bailey says he was held in pretrial custody at Cook County Jail from Sept. 28 until Oct. 19, when all charges were dismissed.
     He seeks punitive damages for false arrest, false imprisonment, and malicious prosecution. He is represented by Richard Dvorak.

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