Just so everyone is aware, last night the Forest Park judge dismissed the "disorderly conduct" ticket in local ordinance court against Phelan. There didn't appear to be any reporters there. We will see if the Berwyn Life decides to follow up on the story now. It was dismissed because there was no indication whatsoever of any disorderly conduct on the portion of the video Wal-Mart turned over. Furthermore, after seven months, Wal-Mart still never turned over the other half of the survelience tapes that were subpeonaed by the judge from the other part of the store. Makes you wonder what they are hiding.
Whatever happened to the Wal-Mart Supercenter they were supposed to build at 47th and 1st Avenue?
So everybody who bitched and moaned about Phelan owes him an apology?
Or they can just admit that they are just vultures wanting to feed on a carcass.
People need a lesson in "guilty until proven innocent".
Phelan should sue the pants off of them. This type of issue seems to happen at Wal-Mart stores more often than you would think. They had no right to suspect him of anything or to lay a finger on him.
wal-martlitigationproject.com
indieregister.wordpress.com
Both of these sites make for some interesting reading.
Why is it the very first thought anyone has when something happens, is money and a law suit?
Sometimes I think folks just get caught up , in" I'll sue and I'll get money". Greed again.
There are times a law suit would be in order, but most of the time it's used to make a fast
buck.
People who sue for just anything , seem to be a breed of their own. Just my opinion.
I agree, BP.
WTF should he sue for?
They had every right to suspect him of something when he suspiciously wouldn't show his receipt.
If you don't know what his injuries are you shouldn't really comment.
Quote from: Bonster on March 06, 2009, 10:22:25 AM
I agree, BP.
WTF should he sue for?
They had every right to suspect him of something when he suspiciously wouldn't show his receipt.
Bonster,
Not true. In the world of retail, in order to suspect someone of shoplifting, that someone has to be witnessed by store personnel concealing an item on his or her person. Furthermore, that personnell of the store has to remain in constant visual contact with the suspect up until the time the suspect passes the point of checkout. Failure to merely hand over a receipt is not reason to suspect anyone of anything.
Quote from: MOMAS2 on March 06, 2009, 10:34:46 AM
If you don't know what his injuries are you shouldn't really comment.
He was injured?
Failure to show a receipt?! They could have rung up the receipt from their register. They already have RFIDs on a lot of inventory, why can't they subtract the inventory on the person (via RFID) from the receipt and look for a delta? I'll tell you why, it will cost them money do implement such a system. They prefer to harass customers, it's cheaper (until now).
Although I'm against sue-sue-sue culture. Walmart needs a lesson in treating their customers right. Unfortunately, only loosing money in lawsuits motivates a corporation to do the right thing. So sue sue sue!! Phelan can donate the money to a charity and no one would fault him.
Quote from: Terri on March 06, 2009, 10:40:50 AM
Quote from: MOMAS2 on March 06, 2009, 10:34:46 AM
If you don't know what his injuries are you shouldn't really comment.
He was injured?
It is my understanding that he was.
Quote from: n01_important on March 06, 2009, 10:44:11 AM
Walmart needs a lesson in treating their customers right.
Sure, don't shop there.
Quote from: MOMAS2 on March 06, 2009, 10:38:41 AM
Failure to merely hand over a receipt is not reason to suspect anyone of anything.
Bullshit. If someone is afraid to show proof of payment, they're suspicious to me. What were you hiding?
Quote from: n01_important on March 06, 2009, 10:44:11 AM
Phelan can donate the money to a charity and no one would fault him.
Hey, that's a good one, Joel! :D
Nurse Detained and Prosecuted on Suspicion of Shoplifting — $128,050 Kansas Award
Plaintiff, a 23-year-old nurse, sued Wal-Mart for false arrest, invasion of privacy, outrageous conduct and malicious prosecution after being detained outside the store, accused of shoplifting, arrested and prosecuted. The court dismissed all of the charges. Plaintiff charged that Wal-Mart wanted to perform a strip search. She also contended that the store planted the evidence in her bag. Wal-Mart argued that the merchandise found in the plaintiff's shopping bag was not listed on the sales ticket. The jury awarded plaintiff $57,100 for false arrest, $2,200 for invasion of privacy, $24,000 for outrageous conduct and $44,750 for malicious prosecution.
Wash v. Wal-Mart, Wyandotte (KS) District Court, Case No. 89C-3338. Bryson R. Cloon, Overland Park, KS for plaintiff. Robert F. Rowe Jr., Kansas City, KS for Wal-Mart.
--------------------------------------------------------------------------------
Alabama Woman Sues Store for False Imprisonment After Being Detained on Suspicion of Shoplifting — $200,000 Award Affirmed
Plaintiff sued Wal-Mart for false imprisonment after a store employee questioned and detained her on the suspicion that she stole a coat from the store. The Alabama Supreme Court affirmed the jury's $200,000 award.
Wal-Mart v. Sharon Jones, 533 So.2d 551(Ala. 1988). Ronald A. Drummond, Scottsboro, AL for plaintiff. Donna S. Pate, Huntsville, AL for Wal-Mart.
--------------------------------------------------------------------------------
Woman Sues Store for False Arrest and Malicious Prosecution After Being Detained and Prosecuted on Suspicion of Shoplifting — $20,850 Arkansas Award Affirmed
Plaintiff sued Wal-Mart for false arrest and malicious prosecution after being detained by a store employee on the suspicion that she stole a pen from the store. Plaintiff claimed that she had forgotten to pay for the pen. The Wal-Mart employee called the police, initiated a prosecution for shoplifting, and continued the prosecution even though the City Attorney recommended that the prosecution be dismissed. The employee claimed that he was unaware of the store's shoplifting procedure. The Arkansas Supreme Court affirmed the jury's $850 compensatory damages award and $20,000 punitive damages award..
Wal-Mart v. Katherine Yarbrough, 681 S.W.2d 369 (Ark. 1984). William T. Morris, Fort Smith, AR for plaintiff. J.L. Hendren, Bentonville, AR for Wal-Mart.
--------------------------------------------------------------------------------
Shopper Sues Wal-Mart After Being Detained and Searched on Suspicion of Shoplifting -- $300,000 Texas Award
Plaintiff, age 39, sued Wal-Mart after being detained, escorted to a store office, and searched on the suspicion that he had stolen something from the store. As plaintiff was leaving the store, a Wal-Mart loss prevention associate grabbed his shoulder, spun him around and, with two other employees, took him to the back office.
Inside the office, the employee acknowledged that he had not seen plaintiff conceal any merchandise. Nonetheless, he demanded that plaintiff empty his pockets and drop his pants. After plaintiff refused to drop his pants, the employee ordered plaintiff to raise his shirt. Plaintiff explained that his torso was heavily bandaged because he had recently undergone three major surgeries in connection with a liver transplant. The employee ordered him to remove his bandages. Plaintiff contended that he could not remove the bandages, since he had to take precautions to ensure that the wound would not be exposed in an unsterile environment.
Plaintiff claimed that the employee disregarded his expressed concern over exposing his wound and continued to demand that he remove the bandages. Afraid that the employee would remove the bandages himself, plaintiff carefully loosened the bandages. This satisfied the employee, so he told plaintiff that he was free to leave. The employee refused to apologize or explain his actions. Plaintiff alleged that an assistant store manager and support manager witnessed the entire interrogation and search, but did nothing to stop it.
The trial court granted Wal-Mart's motion for a directed verdict on the intentional infliction of emotional distress and malice claims. Subsequently, the jury awarded plaintiff $300,000.
Carl W. Cockrell v. Wal-Mart, Matagorda County (TX) District Court. Case No. 98-H-0059-C. Scott Broussard and Anthony R. Segura, Houston, TX for plaintiff. J. Preston Wrotenbery, Houston, TX for Wal-Mart.
Mike (or Mike's secretary):
Rather than hide behind the law, some issue of personal rights, copy & paste of other rulings, why not give us base logic as to why they shouldn't check receipts?
It's pretty easy to do, yet your actions and reactions don't lend credence to anything you post in your defense.
Why should someone check my receipts when I am leaving a store? I just paid for my items and walked 10 feet to the door, past nothing I could steal between the check-out and the door. It makes no sense and I often feel harassed when I am asked for a receipt to leave a store. It's an annoyance and when I am done shopping, I am in a hurry to get out of the store. Leave me alone.
To reiterate a previous point... Walmart can easily check the receipt on their system. So to force someone to give them a receipt when they can easily get it... is harassment.
Now if he refused to open a bag.. then you call the cops.
Quote from: n01_important on March 06, 2009, 12:20:05 PM
To reiterate a previous point... Walmart can easily check the receipt on their system. So to force someone to give them a receipt when they can easily get it... is harassment.
Not everything is RFID embedded, yet.
Try again. You can do it; not so sure about Mike.
Sometimes the check is to see that all items have been rung up by the checkout person. It happened to us once at Sam's:
We purchased a rather large electronic item along with our other purchases. Not paying any attention to the cashier (which was our fault) we went ahead and unloaded our goods onto the checkout counter, not once paying any attention to what was being rung up. We payed the total and were ready to walk out. Got stopped to show our receipt at the exit and low and behold, the cashier never charged us for the electronic item, some $145! Yet we had it under our arms, ready to walk out as if we payed for it, like we thought we did.
Maybe a little cooperation on everone's part can result in some good for all.
That's an interesting occurance...does that mean you got treated like a criminal since you didn't pay for something you were walking out with? I would guess that the store would back their employees wholeheartedly and think that the customer was the one trying to pull something over on the store...no?
Quote from: menace2society on March 06, 2009, 01:23:31 PM
That's an interesting occurance...does that mean you got treated like a criminal since you didn't pay for something you were walking out with? I would guess that the store would back their employees wholeheartedly and think that the customer was the one trying to pull something over on the store...no?
I'd think that a quick replay of the tape showed you went through the cashier. Hard to blame the customer on this one.
To Mike Phelan,
Man talk about a load of CRAP. If you don't like their policy don't go to their store. Sounds to me like another person looking to hit the lottery through a lawsuit.
Stores lose millions everyday due to shoplifting...If I owned a store I may very well make everyone shop NAKED then I would sure as hell no if they were trying to steal.
But until that happens YOU my friend need to MAN UP and stop crying...... Like I or anyone else believes some rent-a-cop injured you.... pleeeeez
Quote from: OakParkSpartan on March 06, 2009, 01:27:25 PM
Quote from: menace2society on March 06, 2009, 01:23:31 PM
That's an interesting occurance...does that mean you got treated like a criminal since you didn't pay for something you were walking out with? I would guess that the store would back their employees wholeheartedly and think that the customer was the one trying to pull something over on the store...no?
I'd think that a quick replay of the tape showed you went through the cashier. Hard to blame the customer on this one.
True, but as quickly as something like this would occur, I don't think the tape is an option. I just don't like the profiling of people who would never do something like shoplift.
Quote from: menace2society on March 06, 2009, 02:58:11 PM
Quote from: OakParkSpartan on March 06, 2009, 01:27:25 PM
Quote from: menace2society on March 06, 2009, 01:23:31 PM
That's an interesting occurance...does that mean you got treated like a criminal since you didn't pay for something you were walking out with? I would guess that the store would back their employees wholeheartedly and think that the customer was the one trying to pull something over on the store...no?
I'd think that a quick replay of the tape showed you went through the cashier. Hard to blame the customer on this one.
True, but as quickly as something like this would occur, I don't think the tape is an option. I just don't like the profiling of people who would never do something like shoplift.
I do. I beg for a cavity search every time I go there.
Quote from: FedUp on March 06, 2009, 02:40:10 PM
To Mike Phelan,
Man talk about a load of CRAP. If you don't like their policy don't go to their store. Sounds to me like another person looking to hit the lottery through a lawsuit.
Stores lose millions everyday due to shoplifting...If I owned a store I may very well make everyone shop NAKED then I would sure as hell no if they were trying to steal.
But until that happens YOU my friend need to MAN UP and stop crying...... Like I or anyone else believes some rent-a-cop injured you.... pleeeeez
I guess time will tell now won't it? Besides, I don't remember any newspaper accounts of the story referring to Louis Jones as a rent a cop. He was an off duty chicago cop. Besides, this wouldn't be the first time Mr. Jones was in trouble. A Mr. Akbar recently filed a civil rights lawsuit against him and his employer, the city of Chicago alleging he used excessive force against him in violation of his civil rights and also maliciously prosecuted him under Illinois common law.
Quote from: MOMAS2 on March 06, 2009, 04:10:55 PM
Quote from: FedUp on March 06, 2009, 02:40:10 PM
To Mike Phelan,
Man talk about a load of CRAP. If you don't like their policy don't go to their store. Sounds to me like another person looking to hit the lottery through a lawsuit.
Stores lose millions everyday due to shoplifting...If I owned a store I may very well make everyone shop NAKED then I would sure as hell no if they were trying to steal.
But until that happens YOU my friend need to MAN UP and stop crying...... Like I or anyone else believes some rent-a-cop injured you.... pleeeeez
I guess time will tell now won't it? Besides, I don't remember any newspaper accounts of the story referring to Louis Jones as a rent a cop. He was an off duty chicago cop. Besides, this wouldn't be the first time Mr. Jones was in trouble. A Mr. Akbar recently filed a civil rights lawsuit against him and his employer, the city of Chicago alleging he used excessive force against him in violation of his civil rights and also maliciously prosecuted him under Illinois common law.
Besides that sir, this wouldn't be the first time YOU acted like an ass.
God forbid anything bad ever happens in your life that really means something.......what would you do then?
To me your little hissy fit at Wal Mart shows me you are a LITTLE man...............Grow Up
Hissy fit? You weren't there now were you? Therefore you don't know what happened now do you?
2 seconds....show a receipt....move on
HISSY FIT
Quote from: Life on October 02, 2008, 07:43:19 AM
Forest Park police received a report of a disturbance at about 1:15 p.m. at the store, 1300 Des Plaines Ave. According to the report, security guard Louis Jones was working the door checking receipts as customers were leaving Wal-Mart. When Jones asked to see Phelan’s receipt for proof that he purchased the items in his shopping cart, Phelan refused, the police report said.
“Phelan then crumpled the receipt into his hand refusing to show it, now causing a scene by loudly questioning store policy,” according to the report.
HISSY FIT HISSY FIT HISSY FIT
or should I say.....SISSY FIT
Quote from: Bonster on March 06, 2009, 04:29:20 PM
Quote from: Life on October 02, 2008, 07:43:19 AM
Forest Park police received a report of a disturbance at about 1:15 p.m. at the store, 1300 Des Plaines Ave. According to the report, security guard Louis Jones was working the door checking receipts as customers were leaving Wal-Mart. When Jones asked to see Phelan's receipt for proof that he purchased the items in his shopping cart, Phelan refused, the police report said.
"Phelan then crumpled the receipt into his hand refusing to show it, now causing a scene by loudly questioning store policy," according to the report.
Just like Louis Jones also stated that Phelan was out of control and he had to take him to the ground. Funny how the survelience camera doesn't show anything resembling that. Believe only part of what you read. Again, were you there?
Quote from: MOMAS2 on March 06, 2009, 04:49:24 PM
Quote from: Bonster on March 06, 2009, 04:29:20 PM
Quote from: Life on October 02, 2008, 07:43:19 AM
Forest Park police received a report of a disturbance at about 1:15 p.m. at the store, 1300 Des Plaines Ave. According to the report, security guard Louis Jones was working the door checking receipts as customers were leaving Wal-Mart. When Jones asked to see Phelan's receipt for proof that he purchased the items in his shopping cart, Phelan refused, the police report said.
"Phelan then crumpled the receipt into his hand refusing to show it, now causing a scene by loudly questioning store policy," according to the report.
Just like Louis Jones also stated that Phelan was out of control and he had to take him to the ground. Funny how the survelience camera doesn't show anything resembling that. Believe only part of what you read. Again, were you there?
I may have been there...
Did
you see the "survelience" camera?
I was just there today and and had no problems whatsoever even though I gave everyone my dirtiest look and mumbled nasty things under my breath. WTF? Maybe I should sue them for discrimination.
Berwyn, IL -
A Forest Park judge March 4 dismissed two charges of disorderly conduct against Sixth Ward Alderman Michael Phelan after Wal-Mart failed to turn over a videotape of the incident.
Phelan said Sunday, March 8, he is considering filing a civil suit against Wal-Mart for injuries he sustained in a July 27 altercation with a security guard, who apprehended him on suspicion of shoplifting.
"I'm an innocent man, and I didn't anything wrong," Phelan said.
A store manager later checked Phelan's shopping cart against his receipt and determined Phelan had not attempted to steal any items. But Phelan did receive a local ordinance citation on two counts of disorderly conduct after the scuffle with the security guard, who told police that he had forced Phelan to the ground and handcuffed him because Phelan refused to show him a receipt of his purchases and was causing a scene in the store.
Phelan vehemently denied the allegations. The alderman said videos taken at the front door and in the back room of the store would show he was unjustly handcuffed, and the guard used excessive force. Days after the incident, Phelan's attorney Matthew Karchmar sent certified letters to the Forest Park Wal-Mart, 1300 Des Plaines Ave., and store's headquarters asking them to preserve and turn over the videotapes to Forest Park police. A subpoena for the videotapes was issued in October.
After months of waiting and several follow-up phone calls by the police, Wal-Mart produced the video from the front door but told a Forest Park judge March 4 the video from the back room had been destroyed, according to Deputy Police Chief Tom Aftanas. Without the tapes, the judge ordered the charges dismissed.
"We've requested the tape several times, and it took quite a bit of calling on our part to get the tape of just the front of the store," Aftanas said. "In any case, whether it's a local ordinance or a criminal case, we shouldn't have to call continuously."
According to police reports, security guard Louis Jones, who also works as a Chicago police officer, stopped Phelan at about 1:15 p.m. as he was exiting the store and asked to see the receipt for proof that he purchased all of the items in his shopping cart.
"Phelan then crumpled the receipt into his hand refusing to show it, now causing a scene by loudly questioning store policy," according to the report.
Jones then pushed the cart to the side and tried handcuffing Phelan, according to police reports.
"Phelan resisted to the point of having to be taken to the ground to complete the handcuffing," according to police reports.
The reports also said Jones cut two fingers in the scuffle. Phelan was then taken to the store's back security office in handcuffs for questioning, the reports said.
Phelan said the tapes would depict a different scenario. He said the security guard approached him from behind, jerked the cart away and started demanding to see his receipt while using profane language.
"I was stunned," Phelan said, explaining why he did not immediately hand over the receipt.
Phelan said he then asked to speak to a store manager before being tackled to the ground, handcuffed and taken to the back room, where he said he was threatened with physical violence.
Phelan said he has incurred more than $10,000 in medical bills for injuries to his hand and back. He said he is considering filing a personal injury suit to be compensated for the cost.
"I got the crap beaten out of me in that store," Phelan said.
So much for saving money and living better with Wal-Mart.
It's just the Forest Park store that checks the reciepts. K-mart has done it for years. I can walk to the Forest Park stores, but shop in Hodgkins or Villa Park Walmarts just so I don't have to deal with the problems at that one.
Would you look at that. Wal-Mart admits to destroying the video even though they were put on notice two days after the incident happened via certified mail to preserve the video. Of course they destroyed it. That is because Wal-Mart is dirty and they have to protect a dirty cop. They were scared to death of what was on that video. You can bet that they viewed it and didn't want to go down that road. They are f*cked. Now they admit they are destroying evidence. Louis Jones is a dirty cop. His antics he uses may work over on the southeast side of Chicago where his district is but they won't work in this case. Phelan should file an IAD complaint against that piece of garbage's badge.
News Headlines
1/10/2009 5:00:47 AM EST
Court reinstates malicious prosecution case
JAMES G. SOTOS
publication: Chicago Daily Law Bulletin
January 8, 2009 Thursday
On March 13, 2005, City of Chicago police officers arrested Asim Akbar for drinking on a public way. During processing at a local police station, Akbar and other arrestees were searched by Officer Darrin West. When West ordered one of the detainees to remove his underwear, Akbar called West a "meat watcher," insinuating that West was homosexual. A physical altercation ensued during which Akbar contended that he was severely beaten by Officers West, Louis Jones, Cordy Fouch and Louis Dixon. Akbar was charged with felony aggravated assault of a police officer against West, Jones, and Fouch, but was convicted only of a misdemeanor battery charge against West, and he was acquitted of all charges against officers Jones and Fouch. Akbar subsequently filed a civil rights lawsuit against the City of Chicago and West, Jones, Fouch and Dixon, alleging that the officers used excessive force against him in violation of his civil rights, and also maliciously prosecuted him under Illinois common law. Asim Akbar v. City of Chicago, et al., No. 06 C 3685 (Dec. 12,2008).
Mike,
You aren't really convincing people that a) you are innocent and b) you aren't MOMAS2.
His back and neck looked in really good shape pushing in all his Phelan Signs over the weekend !!!!!
Typical Big-Box behavior. They didn't turn over the video not because of what it could show but because they feel above the law and society.
How else could you explain a corporation that help vendors go to China for cheaper product... or campaigns anti-union politics at their stores.
Quote from: Countess on March 09, 2009, 05:09:52 PM
His back and neck looked in really good shape pushing in all his Phelan Signs over the weekend !!!!!
Countess,
Are you stalking him? ;) It's really easy to judge someone else, isn't it? Phelan has scars on his wrist which will never go away. He has nerve damage and has no feeling in part of his hand all because some grabby cop with an attitute wanted to touch him. Furthermore, he has a herniated disc in his lower back which may require surgery in the future. If you have ever had to deal with the pain of a herniated disc, you will know it is not a good feeling. It should be very interesting to see if Louis Jones is on that list that police superintendent Jody Weis had to turn over the other day of officers repeatedly accused of misconduct.
http://www.suntimes.com/news/metro/1688099,CST-NWS-walmart28.article
Ex-Berwyn alderman sues over incident at Wal-Mart
July 28, 2009
BY LISA DONOVAN Cook County Reporter ldonovan@suntimes.com
One-time Berwyn alderman Michael Phelan filed a battery and malicious prosecution suit Monday against Wal-Mart and its security staff at the Forest Park store in connection with a year-old incident.
According to the suit, Phelan and a security guard had a disagreement. Police were called -- though details about what happened are not outlined in the suit. An official at the store signed a disorderly conduct complaint against Phelan with Forest Park police, according to the suit. The official told police he recognized Phelan as "somebody who had given patrons and employees a hard time in the past, being rude, and making racial remarks" and that police had been summoned to the store on other occasions, but Phelan had always left before police arrived. The disorderly conduct complaint was later dismissed, the suit states.
At the time of the July 27, 2008, incident, Phelan was a Berwyn alderman, but the incident had caused "great embarrassment, humiliation and damage to his reputation," the suit charges.
Neither Phelan nor his attorney could be reached for comment about the suit, which seeks at least $50,000 in damages.
Forest Park police and a WalMart spokesperson also could not be reached about the incident.
Quote from: Terri on July 28, 2009, 06:29:22 AM
http://www.suntimes.com/news/metro/1688099,CST-NWS-walmart28.article
Ex-Berwyn alderman sues over incident at Wal-Mart
July 28, 2009
BY LISA DONOVAN Cook County Reporter ldonovan@suntimes.com
One-time Berwyn alderman Michael Phelan filed a battery and malicious prosecution suit Monday against Wal-Mart and its security staff at the Forest Park store in connection with a year-old incident.
According to the suit, Phelan and a security guard had a disagreement. Police were called -- though details about what happened are not outlined in the suit. An official at the store signed a disorderly conduct complaint against Phelan with Forest Park police, according to the suit. The official told police he recognized Phelan as "somebody who had given patrons and employees a hard time in the past, being rude, and making racial remarks" and that police had been summoned to the store on other occasions, but Phelan had always left before police arrived. The disorderly conduct complaint was later dismissed, the suit states.
At the time of the July 27, 2008, incident, Phelan was a Berwyn alderman, but the incident had caused "great embarrassment, humiliation and damage to his reputation," the suit charges.
Neither Phelan nor his attorney could be reached for comment about the suit, which seeks at least $50,000 in damages.
Forest Park police and a WalMart spokesperson also could not be reached about the incident.
Only $50,000 that should settle quickly.
The SunTimes reporter didn't quite get it correct. If she had taken the time to read the complaint in it's entirety she would have noticed that there are five counts within the complaint, each one seeking in excess of $50,000. The first is a complaint against Louis Jones for Battery. The second is against Jones for negligence. He is being sued personally and punitive damages are being asked for additionally.
The third count is claiming negligence against Walmart, American Security and the City of Chicago (remember Jones had his city issued badge on him and made it well known he was a Chicago cop).
The fourth count is against the loss prevention individual Jermaine Simpson and Walmart for malicious prosecution as they knew Phelan was not disorderly in the least but they continued to pursue the disorderly conduct charge and they knew the statements they made in the report were untrue. However, they had reckless disregard for the truth. Punitive damages are sought on this count as well.
The fifth count is false light against Simpson and Walmart as the statements they made in the police report were untrue and they had reckless disregard for the truth.
$250,000, lawyer gets 33%. We shall see how it works out.
The complaint reads "in excess of" but you are correct we shall see how it turns out.
Thanks for the update, Michael!
Yeah that's what Wal-Mart, the security company, the City of Chicago and those various other individuals get for singling you out of all the thousands of customers they got that day. Let them know that loss prevention comes with a price. ::)
Quote from: Thor on July 28, 2009, 01:52:09 PM
Yeah that's what Wal-Mart, the security company, the City of Chicago and those various other individuals get for singling you out of all the thousands of customers they got that day. Let them know that loss prevention comes with a price. ::)
They will just pass along to the consumers. CODB (Cost of Doing Business).
How much of that money will you be spending in Berwyn?
How is that any of your business how he or anyone else spends their money. Besides, he spends more than enough in Berwyn on his tax bills. How much does the current alderman spend on his tax bills. Oops, I almost forgot, nothing.
Quote from: MOMAS2 on July 29, 2009, 09:09:40 AM
How is that any of your business how he or anyone else spends their money. Besides, he spends more than enough in Berwyn on his tax bills. How much does the current alderman spend on his tax bills. Oops, I almost forgot, nothing.
They are used to you as a public official, Mike.
2009-L-008789
Filing Date: 7/27/2009 Case Type: INTENTIONAL TORT
Division: Law Division District: First Municipal
Ad Damnum: $50001.00 Calendar: E
Party Information
Plaintiff(s) Attorney(s)
PHELAN MICHAEL KARCHMAR LAMBERT PC
211 W WACKER#550
CHICAGO IL, 60606
(312) 977-1300
Date of Service Defendant(s) Attorney(s)
AMERICAN SECURITY SERV
CITY CHICAGO
JONES LOUIS
SIMPSON JERMAINE
WALMART STORES INC
Case Activity
Activity Date: 7/27/2009 Participant: PHELAN MICHAEL
INTENTIONAL TORT COMPLAINT FILED
Court Fee: 329.00
Ad Damnum Amount: 50001.00
Attorney: KARCHMAR LAMBERT PC
Activity Date: 7/28/2009 Participant: PHELAN MICHAEL
CASE MANAGEMENT CALL NOTICE MAILED
Date: 12/3/2009
Court Time: 1000
Quote from: MOMAS2 on July 29, 2009, 09:09:40 AM
How is that any of your business how he or anyone else spends their money. Besides, he spends more than enough in Berwyn on his tax bills. How much does the current alderman spend on his tax bills. Oops, I almost forgot, nothing.
Why is that? Don't aldermen pay taxes?
Mark, why is the City of Chicago a defendant? Didn't it happen in Forest Park?
Quote from: MOMAS2 on July 28, 2009, 10:10:15 AM
The SunTimes reporter didn't quite get it correct. If she had taken the time to read the complaint in it's entirety she would have noticed that there are five counts within the complaint, each one seeking in excess of $50,000. The first is a complaint against Louis Jones for Battery. The second is against Jones for negligence. He is being sued personally and punitive damages are being asked for additionally.
The third count is claiming negligence against Walmart, American Security and the City of Chicago (remember Jones had his city issued badge on him and made it well known he was a Chicago cop).The fourth count is against the loss prevention individual Jermaine Simpson and Walmart for malicious prosecution as they knew Phelan was not disorderly in the least but they continued to pursue the disorderly conduct charge and they knew the statements they made in the report were untrue. However, they had reckless disregard for the truth. Punitive damages are sought on this count as well.
The fifth count is false light against Simpson and Walmart as the statements they made in the police report were untrue and they had reckless disregard for the truth.
Here ya' go Crunchie.
Good luck in suing Chicago.
Then again, they have the deepest pockets, so why not?
Yeah, even if he was a Chicago cop, I don't see how that would be relevant. Chicago cops have no jurisdiction in Forest Park.
If you read the rules that govern secondary employment for Chicago police officers, it states that they cannot use their city issued badge, uniform, etc. identifying them as a police officer on a security detail. I would assume it is to avoid liability issues such as in this case. Besides, I would think Wal-mart has the deepest pockets but who knows.
Quote from: n01_important on July 29, 2009, 07:02:32 PM
Quote from: MOMAS2 on July 29, 2009, 09:09:40 AM
How is that any of your business how he or anyone else spends their money. Besides, he spends more than enough in Berwyn on his tax bills. How much does the current alderman spend on his tax bills. Oops, I almost forgot, nothing.
Why is that? Don't aldermen pay taxes?
Nope, not your current 6th ward alderman.
Quote from: MOMAS2 on July 30, 2009, 09:34:19 AM
If you read the rules that govern secondary employment for Chicago police officers, it states that they cannot use their city issued badge, uniform, etc. identifying them as a police officer on a security detail. I would assume it is to avoid liability issues such as in this case. Besides, I would think Wal-mart has the deepest pockets but who knows.
Did you file the suit because "WalMart has the deepest pockets"?
Why don't you ask Mr. Phelan why he filed the suit. I would assume he filed the suit because it happened in their store. What did you expect him to do, sue Target?
Quote from: The Jackal on July 29, 2009, 10:50:53 PM
Good luck in suing Chicago.
Then again, they have the deepest pockets, so why not?
I was merely replying to the above but who really cares how deep anyone's pockets are.
Berwyn, IL -
Former 6th Ward Berwyn Alderman Michael Phelan has filed a lawsuit against Wal-Mart and store security personnel in connection with an incident last year.
The five-count lawsuit, filed July 27, seeks more than $50,000 in damages from Wal-Mart, a store security guard, a store loss prevention agent, the security firm that provided the guard and the city of Chicago. The counts include battery, negligence, malicious prosecution and false light.
Phelan was involved in a scuffle July 27, 2008, with store security guard and off-duty Chicago police officer Louis Jones at the chain's Forest Park location. Phelan was charged with two counts of disorderly conduct, but both were dismissed in March after Wal-Mart failed to turn over a second surveillance video of the incident as requested by Phelan's attorney, Matt Karchmar.
"They had that video for months before they turned it over, and they were very well aware of what was on that tape," Phelan said. "I wasn't disorderly in the least bit. I stood there while that man tackled me."
The controversy began at about 1:15 p.m. July 27 when Jones apprehended Phelan on suspicion of shoplifting. A store manager later checked Phelan's shopping cart against his receipt and determined Phelan had not attempted to steal any items.
Jones told police he had forced Phelan to the ground and handcuffed him because Phelan refused to show him a receipt of his purchases and was causing a scene in the store. According to police reports, Jones stopped Phelan as he was exiting the store, 1300 Des Plaines Ave., and asked to see the receipt for proof that he purchased all of the items in his shopping cart.
"Phelan then crumpled the receipt into his hand refusing to show it, now causing a scene by loudly questioning store policy," according to the report.
Jones then pushed the cart to the side and tried handcuffing Phelan, according to police reports.
"Phelan resisted to the point of having to be taken to the ground to complete the handcuffing," according to police reports.
The reports also said Jones cut two fingers in the scuffle. Phelan was then taken to the store's back security office in handcuffs for questioning, the reports said.
Phelan vehemently denied the allegations and said videos taken at the front door and in the back room of the store would show he was unjustly handcuffed and the guard used excessive force.
Phelan said the security guard approached him from behind, jerked the cart away and started demanding to see his receipt while using profane language.
Phelan said he then asked to speak to a store manager before being tackled to the ground, handcuffed and taken to the back room, where he said he was threatened with physical violence.
Days after the incident, Phelan's attorney sent certified letters to the Forest Park Wal-Mart and the store's headquarters asking them to preserve and turn over the videotapes to Forest Park police. A subpoena for the videotapes was issued in October.
After months of waiting and several follow-up phone calls by the police, Wal-Mart produced the video from the front door but told a Forest Park judge March 4 the video from the back room had been destroyed, said Deputy Police Chief Tom Aftanas. Without the tapes, the judge ordered the charges dismissed.
"We've requested the tape several times, and it took quite a bit of calling on our part to get the tape of just the front of the store," Aftanas said in March. "In any case, whether it's a local ordinance or a criminal case, we shouldn't have to call continuously."
Wal-Mart spokeswoman Daphne Moore declined to state specifically what happened to the security tape or what procedures govern the handling of surveillance video.
"We have not been served with this case," Moore said. "When we are, we will review it, and we will respond to the court at the appropriate time. If, in the course of litigation, we are asked to provide the tapes, we will provide what we have."
After reviewing video that was turned over, Karchmar said the tape supports his client's version of events.
"It doesn't show him making any punches or any physical contact," Karchmar said. "And it shows him getting bodyslammed to the ground."
Phelan said he has incurred more than $11,000 in medical bills for injuries to his hand and back. The suit is seeking damages from Jones, Wal-Mart and Jones' employer, American Security, for battery and negligence.
He also believes publicity surrounding the incident may have cost him his seat on the Berwyn City Council. At the time, Phelan was serving his first term as 6th Ward alderman. He lost his bid for re-election in the April election to Ted Polashek.
The allegations made in the police report and the following media attention "caused great embarrassment, humiliation and damage to his reputation," the suit states.
The lawsuit also is seeking damages from Wal-Mart loss prevention agent Jermaine Simpson, who signed two disorderly conduct complaints against Phelan and told Forest Park police that Phelan had been a nuisance in the store before by behaving rudely and using racial slurs, according to the lawsuit.
The lawsuit accuses Simpson of malicious prosecution and false light.
"The statements they claim I made — me making racial statements — I never would ever make a statement like that," Phelan said. "I don't know why they felt they had to make that up."
Quote from: MOMAS2 on August 05, 2009, 11:33:58 AM
Berwyn, IL -
Former 6th Ward Berwyn Alderman Michael Phelan has filed a lawsuit against Wal-Mart and store security personnel in connection with an incident last year.
The five-count lawsuit, filed July 27, seeks more than $50,000 in damages from Wal-Mart, a store security guard, a store loss prevention agent, the security firm that provided the guard and the city of Chicago. The counts include battery, negligence, malicious prosecution and false light.
Phelan was involved in a scuffle July 27, 2008, with store security guard and off-duty Chicago police officer Louis Jones at the chain's Forest Park location. Phelan was charged with two counts of disorderly conduct, but both were dismissed in March after Wal-Mart failed to turn over a second surveillance video of the incident as requested by Phelan's attorney, Matt Karchmar.
"They had that video for months before they turned it over, and they were very well aware of what was on that tape," Phelan said. "I wasn't disorderly in the least bit. I stood there while that man tackled me."
The controversy began at about 1:15 p.m. July 27 when Jones apprehended Phelan on suspicion of shoplifting. A store manager later checked Phelan's shopping cart against his receipt and determined Phelan had not attempted to steal any items.
Jones told police he had forced Phelan to the ground and handcuffed him because Phelan refused to show him a receipt of his purchases and was causing a scene in the store. According to police reports, Jones stopped Phelan as he was exiting the store, 1300 Des Plaines Ave., and asked to see the receipt for proof that he purchased all of the items in his shopping cart.
"Phelan then crumpled the receipt into his hand refusing to show it, now causing a scene by loudly questioning store policy," according to the report.
Jones then pushed the cart to the side and tried handcuffing Phelan, according to police reports.
"Phelan resisted to the point of having to be taken to the ground to complete the handcuffing," according to police reports.
The reports also said Jones cut two fingers in the scuffle. Phelan was then taken to the store's back security office in handcuffs for questioning, the reports said.
Phelan vehemently denied the allegations and said videos taken at the front door and in the back room of the store would show he was unjustly handcuffed and the guard used excessive force.
Phelan said the security guard approached him from behind, jerked the cart away and started demanding to see his receipt while using profane language.
Phelan said he then asked to speak to a store manager before being tackled to the ground, handcuffed and taken to the back room, where he said he was threatened with physical violence.
Days after the incident, Phelan's attorney sent certified letters to the Forest Park Wal-Mart and the store's headquarters asking them to preserve and turn over the videotapes to Forest Park police. A subpoena for the videotapes was issued in October.
After months of waiting and several follow-up phone calls by the police, Wal-Mart produced the video from the front door but told a Forest Park judge March 4 the video from the back room had been destroyed, said Deputy Police Chief Tom Aftanas. Without the tapes, the judge ordered the charges dismissed.
"We've requested the tape several times, and it took quite a bit of calling on our part to get the tape of just the front of the store," Aftanas said in March. "In any case, whether it's a local ordinance or a criminal case, we shouldn't have to call continuously."
Wal-Mart spokeswoman Daphne Moore declined to state specifically what happened to the security tape or what procedures govern the handling of surveillance video.
"We have not been served with this case," Moore said. "When we are, we will review it, and we will respond to the court at the appropriate time. If, in the course of litigation, we are asked to provide the tapes, we will provide what we have."
After reviewing video that was turned over, Karchmar said the tape supports his client's version of events.
"It doesn't show him making any punches or any physical contact," Karchmar said. "And it shows him getting bodyslammed to the ground."
Phelan said he has incurred more than $11,000 in medical bills for injuries to his hand and back. The suit is seeking damages from Jones, Wal-Mart and Jones' employer, American Security, for battery and negligence.
He also believes publicity surrounding the incident may have cost him his seat on the Berwyn City Council. At the time, Phelan was serving his first term as 6th Ward alderman. He lost his bid for re-election in the April election to Ted Polashek.
The allegations made in the police report and the following media attention "caused great embarrassment, humiliation and damage to his reputation," the suit states.
The lawsuit also is seeking damages from Wal-Mart loss prevention agent Jermaine Simpson, who signed two disorderly conduct complaints against Phelan and told Forest Park police that Phelan had been a nuisance in the store before by behaving rudely and using racial slurs, according to the lawsuit.
The lawsuit accuses Simpson of malicious prosecution and false light.
"The statements they claim I made — me making racial statements — I never would ever make a statement like that," Phelan said. "I don't know why they felt they had to make that up."
Will the video be on YouTube after the trial? Sounds pretty entertaining in a Walmart sort of way.
May have cost you the election?
May have damaged your reputation?
Please..........
As you have so eloquently stated at several City Council meetings, "I do not care what you think of me."
Hopefully, that is on a videotape, too.
Please subpoena me Mike as a character witness concerning your reputation.
I will only tell the truth.
Mr. Whiner,
Who cares if Mr. Phelan did not care what YOU thought of him. Evidently he didn't give much thought to YOUR opinion of him. You are a bitter little man. Have a nice day.
Why does reading this thread make me feel like I'm witnessing an argument with a ventriloquist's dummy?
It could have been worse. Phelan could have gotten in trouble at a Chinese Wal-Mart:
Woman beaten to death at China Wal-Mart: police
(AFP) – 4 days ago
BEIJING — A woman in eastern China was allegedly beaten to death by five employees of a Wal-Mart store who accused her of shoplifting, a police report and state media said Tuesday.
Police have arrested two employees from the store in Jiangxi province, while three others are being investigated, Jingdezhen city police said in a report on their website.
According to the report, the woman was beaten outside her home near the Wal-Mart on August 30 and died in a city hospital on Wednesday last week from injuries suffered during the beating.
Police said the five Wal-Mart employees had stopped the woman in the street and demanded to see her receipt, but she refused because she could not verify their identities, it said.
Following an argument, the five Wal-Mart employees began beating her, it said.
The English-language China Daily on Tuesday identified the victim as Yu Xiaochun, 37.
"They started to hit her because she didn't do what they said," the paper quoted her husband Chen Baolin as saying.
"I got there and tried to stop them but they kept beating her."
It was not immediately known if the woman had shoplifted, the paper said.
The beating intensified as she tried to telephone for help using her mobile phone, it added.
In a statement, Wal-Mart said it was "fully cooperating with the relevant authorities and will release further details as it is appropriate".
"We extend our condolences to the family of the deceased.... The incident and cause of death is the subject of an investigation."
http://www.google.com/hostednews/afp/article/ALeqM5jUcqst3ZW9cVVaQV7XKG3y8SYSIg
Quote from: Mr. Daniel Lumis on August 06, 2009, 01:03:18 PM
Why does reading this thread make me feel like I'm witnessing an argument with a ventriloquist's dummy?
hahahha! one of my all time favorite comments on this site! :D
http://peopleofwalmart.com/
Wal-Mart money goes so much further in Texas. Just saying...:)