Wednesday, January 28, 2015

VILLAGE SETTLES LAWSUIT

by Joseph Wiszowaty
SAUK VILLAGE |  Village officials voted unanimously Tuesday night to settle a lawsuit with Susan Dobrzeniecki and her late husband Thomas for $290,000.  Dobrzeniecki, a Village employee since 2003, brought the suit against several village police officers as well as St. James Hospital and two of its emergency room doctors, alleging that she was unlawfully committed and her home was unlawfully searched in retaliation for conflicts between her family and the Sauk Village Police.

In Dobrzeniecki’s 8 count lawsuit filed in Federal Court she alleges that her Fourth Amendment rights were violated, that she was falsely imprisoned by the hospital and she also sought to recover against doctors and the hospital for intentional misrepresentation, medical malpractice, intentional infliction of emotional distress and negligent infliction of emotional distress.

The entire incident unfolded on November 9, 2009, after members of the Sauk Village Police Department informed Dobrzeniecki, while she was at work at Village Hall, that her son was shot and was in the hospital.  While at the hospital visiting her son a member of the Sauk Village Police Department along with Hospital Security escorted Dobrzeniecki from the room into a secure room in the Hospital’s emergency room where they informed her, wrongfully, that they had a court order to hold her since she had allegedly made the statement earlier “I’m a good person.  Why does this keep happening to me?  If something happens to my son, I’ll just die” according to Federal Court documents and court transcripts.

A Police officer asked her to turn her purse and jacket over to them and they would give them to a friend who had driven her to the hospital.  According to court documents, police officers allegedly removed her keys to her home and without any court order went to Dobrzeniecki’s home and “illegally” searched it while her wheelchair bound husband repeatedly told officers to leave.  Officers used as a pretext a search the home, that they were searching for the gun which shot her son, but according to Federal Court records there was no reason to reasonably believe a gun was at the home nor was there a search warrant.

During the time that followed hospital personnel kept Dobrzeniecki under video and audio surveillance.  According to Federal Court documents, Hospital defendants “failed to observe the procedural protections against wrongful involuntary commitments, and their treatment of Susan fell below the standard of care”.  Dobrzeniecki was transferred to a psychiatric hospital on orders from a doctor at St. James Hospital and later released.

Without any discussion from the board of Trustees Tuesday night, the vote to approve the settlement was unanimous.  Taxpayers will only be responsible for the first $50,000 while the Village’s insurance carrier will pick up the other $240,000 according to Village officials. 

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