Smart meter foe files federal lawsuit against Naperville cops
By Susan Frick CarlmanNaperville SunAn advocate against installation of so-called smart meters in Naperville who was arrested two years ago after a clash with police has filed a federal lawsuit asserting her civil rights were violated.
Malia “Kim” Bendis, 42, founder of the grass-roots Naperville Smart Meter Awareness group, filed the complaint in U.S. District Court on Jan. 23, exactly two years after she was charged with misdemeanor eavesdropping and resisting a peace officer. She was later acquitted.
Bendis, the leader of a group opposed to replacement of analog electric meters in Naperville with wireless alternatives, says four city police officers, Nick Liberio, Tammy Spencer-Hale, Wojtek Kowal and Juan Rios, who intervened during an installation of one of the devices, violated her civil rights.
Her arrest followed a clash with police at the home of group board member Jennifer Stahl, where municipal employees had come to install one of the digital meters. Bendis was acquitted in October.
The filing is based on a provision in federal code that enables those who believe they’ve been deprived of their civil rights under the U.S. Constitution to seek relief through the courts.
Bendis is represented by Chicago attorney Torreya Hamilton, who has represented other plaintiffs in lawsuits filed against police agencies alleging unnecessary use of force, according to Chicago Tribune stories.
City spokeswoman Linda LaCloche said Naperville had not yet received legal notice of the suit as of late Tuesday afternoon.
“Since we haven’t been served, we haven’t had an opportunity to review it,” she said.
http://www.chicagotribune.com/suburbs/naperville-sun/chi-naperville-smart-meters-20150127-story.html
Malia “Kim” Bendis, 42, founder of the grass-roots Naperville Smart Meter Awareness group, filed the complaint in U.S. District Court on Jan. 23, exactly two years after she was charged with misdemeanor eavesdropping and resisting a peace officer. She was later acquitted.
Bendis, the leader of a group opposed to replacement of analog electric meters in Naperville with wireless alternatives, says four city police officers, Nick Liberio, Tammy Spencer-Hale, Wojtek Kowal and Juan Rios, who intervened during an installation of one of the devices, violated her civil rights.
Her arrest followed a clash with police at the home of group board member Jennifer Stahl, where municipal employees had come to install one of the digital meters. Bendis was acquitted in October.
The filing is based on a provision in federal code that enables those who believe they’ve been deprived of their civil rights under the U.S. Constitution to seek relief through the courts.
Bendis is represented by Chicago attorney Torreya Hamilton, who has represented other plaintiffs in lawsuits filed against police agencies alleging unnecessary use of force, according to Chicago Tribune stories.
City spokeswoman Linda LaCloche said Naperville had not yet received legal notice of the suit as of late Tuesday afternoon.
“Since we haven’t been served, we haven’t had an opportunity to review it,” she said.
http://www.chicagotribune.com/suburbs/naperville-sun/chi-naperville-smart-meters-20150127-story.html
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