Agreement admits no wrongdoing by officers
The City of Springfield settled a lawsuit last week filed by a pregnant woman who was shocked with a stun gun by a police officer in 2013.
The agreement admits no wrongdoing by the city, but the woman who sued will receive a $10,000 settlement.
On March 30, 2013, Springfield police officers were sent to the Best Buy parking lot on Veterans Parkway to investigate a traffic accident involving Lucinda White of Springfield, who was visibly pregnant at the time. The exact sequence of events is disputed, but a cellphone video of the incident taken by a bystander surfaced shortly afterward, depicting the moments before White was shocked with the stun gun.
White’s lawsuit alleges that Springfield police Sergeant Edward Higginson, “without provocation or cause, forcefully grabbed” White, shocked her with his stun gun and caused her to fall to the ground. The city’s account offers more detail, claiming the conflict arose when Frederic Thomas of Springfield kept interjecting himself into the accident investigation on White’s behalf.
“Mr. Thomas refused to cease and asked Officer (Robert) Kuhn if he was going to be arrested,” the city claimed in a court filing. “Officer Kuhn stated he would arrest Mr. Thomas if he had to, put his clipboard down and called for emergency assistance. … Mr. Thomas began jumping up and down wildly, swinging his arms and stated Officer Kuhn better not touch him and refusing to leave.”
According to the city’s account, Thomas resisted arrest, and the two men were grappling when White tried to pull Kuhn away. White disputed that version of events in her own court filing.
Higginson, who responded to Kuhn’s radio call for assistance, can be seen in the cell phone video of the incident pulling White away from the two grappling men and yelling at White to get on the ground. The video shows Higginson telling White four times to get on the ground, warning her three times that he would use his stun gun on her. The video shows White resisting Higginson’s attempts to pull her to the ground while she and bystanders yell that she is pregnant. Higginson then shocks White with his stun gun, and she falls to the ground.
White filed a federal lawsuit one year later, alleging that Higginson used excessive force in the altercation and battered her, and that the policy of the City of Springfield condones excessive force against pregnant women. White also alleged that Higginson and Springfield police officer Mark Cordes, who was later dismissed from the lawsuit because of limited involvement, violated her rights by unreasonable seizure and by depriving her of due process.
The city’s response, filed by assistant corporation counsel Steve Rahn, argued that the officers’ actions were justified because White impeded Thompson’s arrest and later resisted herself. The city notes that White was charged in Sangamon County Circuit Court with resisting an officer, a misdemeanor to which she pleaded guilty.
White and the city filed a motion with the U.S. District Court in Springfield on July 22 saying they had reached a settlement and agreed to dismiss the case. Under the terms of the settlement, White will receive $10,000 and release the city of any current or future claims related to the 2013 incident. The city admits no fault or liability in the settlement.
There is conflicting scientific literature regarding the use of stun guns on pregnant women, in part because a controlled study on humans would likely violate ethics controls. TASER, the company which manufactures the most well-known stun gun brand, conducted tests on pregnant pigs and found that the shocks did not induce miscarriages. There have been cases in which women shocked by stun guns have later miscarried, but the causes of such miscarriages are often attributed to other factors like drug use or heart conditions. Court documents say White’s daughter was born in good health.
Chicago attorney Michael Goldberg says White is pleased with the settlement and feels that justice has been done.
“While money can sometimes be a cold way of compensating a client,” Goldberg said, “it’s sometimes the only way our civil justice system knows how to.”
He adds that White still feels the police used excessive force, and she hopes officers refrain from using stun guns on pregnant women in the future.
“This was not any sort of violent act, not any sort of fleeing,” Goldberg said. “This was a pregnant woman who posed no risk whatsoever.”
An attorney for the city couldn’t be immediately reached for comment. To read court documents related to the case, view this article online at illinoistimes.com.
Contact Patrick Yeagle at [email protected].
