This diary covers multiple civil rights violations against an individual. Violation of HIPPA and medical privacy, presumption of guilt, presumption of mental illness, violations of the 2nd and 4th amendments and loss of personal liberty. Fortunately in this case justice has been served. Now we will wait to see if an example has been set for police forces that routinely place themselves above the law.
First the facts of the case:
In August of 2012 Art Lovi was in therapy following the death of his wife Cindy from cancer. Mr. Lovi felt anger towards a doctor who had treated his wife, believing that her cancer had been missed and the doctor negligent. While working through his grief in a confidential therapy session, Mr. Lovi made a threat against the doctor. Despite not believing the threat to be credible, and despite not believing Mr. Lovi to be a threat to himself or others, the therapist nonetheless violated medical privacy by reporting the threat to the local police of Arlington Heights, IL.
Later that day the police called Mr. Lovi, inquiring as to whether he owned any firearms. Mr. Lovi truthfully admitted that yes we was a legal firearms owner with a valid FOID card. That night Mr. Lovi's 2nd and 4th amendment rights were violated. Police illegally searched his home without a warrant and illegally seized his antique and unloaded firearms. No ammunition was present in the home.
Two days later Mr. Lovi called police to arrange the return of his stolen property. A police officer came to his house and began interrogating him without a lawyer present. When Mr. Lovi became upset he was ordered by police to undergo a psychiatric evaluation under the coercion of arrest and the possibility of bodily harm if he did not comply. Mr. Lovi agreed to be evaluated.
Mr. Lovi was released a few hours later, declared not to be a danger of himself or others. He was not charged with any crime or formally arrested. Mr Lovi's firearms were not returned to him until months later after he secured legal representation.
The case wen to jury trial and on April 16, 2015 the jury awarded Mr. Lovi $80,000.
"It's important that the public know the police don't have a right to come in your house without a warrant. They don't have a right to bully you," said Mr. Lovi.
Arlington Heights police Sgt. Charles Buczynski was found guilty of illegal entry into a home and unreasonable seizure of property, and fined $45,000.
Arlington Heights Cmdr. Richard Gausselin was found guilty of unreasonable seizure of person and fined $25,000.
Medical bills and property damage totaled an additional $10,000.
Under Illinois law it is individual police officers who are financially liable themselves for paying those fines. The taxpayers of Arlington Heights, IL should not be burdened for the illegal, out of control actions of rogue police officers. We wait to see if those officers will be fired for violating the Constitution. So far they have not been disciplined, which means Arlington Heights doesn't think very highly of a citizen's civil rights or freedom in general.
I question whether the therapist will ever face any consequences of violating HIPPA for reporting a threat not believed to be credible. If everything said in confidence during therapy can be reported to police and used to justify a raid on one's home, then therapy is a fiction. It becomes impossible to speak freely and work through grief and other issues. If working through grief leads to a presumption of mental illness and physical incarceration, then no healing is possible.
It is encouraging to see the officers held legally and financially responsible for violations of civil rights, but equally disheartening to see government once again stand firmly behind the police state, in full support Constitutional violations. To "keep us safe" of course. When neither our police officers nor our elected officials can be trusted to guarantee our civil liberties, where do we stand? Who keeps us safe from them?
References:
http://www.dailyherald.com/...