Our Chicago personal injury lawyers report that the City of Chicago is liable for the wrongful death of a victim of domestic violence for failure to arrest the assailant despite several 911 calls, the Illinois Appellate Court decided on January 17, 2013.
Henry Fenton was murdered by his girlfriend’s son, Rovale Brim, following a violent argument between Fenton, his girlfriend, and her son. The facts recited by the appellate court reveal that on March 4, 2002, Fenton called 911 at 1:37 am, alerting the emergency operator that his girlfriend’s son was arguing in loud and boisterous fashion and was violent. The operator dispatched police officers who were confronted with an “angry, drunken, and boisterous Rovale” who was yelling at his mother, and was making violent movements with a bottle in his hands. The officers separated the individuals, and escorted Rovale to his basement bedroom where he lived. They did not arrest Rovale at this time.
Fenton dialed the emergency 911 line for a second time at 2:30 am, and when the officers arrived at the home, they saw a similar situation as was developing earlier. At that time Rovale’s mother asked that he be removed from the residence. The officers allowed drunken Rovale to leave the residence, and wait outside in a zero degree temperature, for a girlfriend to pick him up. The officers left, while Rovale was waiting outside about a block from the home of his mother and Fenton.