Naperville Council Will Decide Whether to Settle Lawsuit

At its Tuesday meeting, the Naperville City Council will consider paying $117,500 to settle a lawsuit that alleges the city and four Naperville police officers violated the rights of a Naperville resident, according to the Chicago Tribune.

The lawsuit was filed January 23 by Malia “Kim” Bendis. Bendis was arrested January 23, 2013 on charges of eavesdropping and resisting a peace officer. She was later acquitted on all charges.

Bendis and members of her Naperville Smart Meter Awareness Group were against the replacement of residential, analog electric meters with wireless meters. When Bendis and other residents recorded the installation of a smart meter on the home of smart meter alliance board member Jennifer Stahl, Bendis was the only one arrested.

“The recordings made by other Naperville residents were made openly and recorded the conversations of the agents and police,” the suit stated. “None of these other residents were arrested for recording the police officers and installation agents without their consent.”

The lawsuit claims Bendis was falsely arrested and police used excessive force. It also claims malicious prosecution, First Amendment retaliation and equal protection class of one claim.

Should the settlement be accepted, the city and the police officers would be discharged from the suit.

The suit named the city and police Sgt. Nick Liberio, detectives Wojtek Kowal and Tammy Spencer-Hale (now Tammy Spencer,) and officer Juan Rios. Bendis later dismissed her claims against Rios.