Joliet False Arrest Case Settled For $30,000

JOLIET, IL - An out of court settlement was reached with Joliet resident June Radich to resolve her Dec. 15, 2017 federal civil rights lawsuit against the city of Joliet and police officer Rachel Smithberg. The city agreed to pay the plaintiff $30,000 to drop her case. Smithberg was accused in the lawsuit of unlawful detention and making a false arrest. A dismissal order on the case was entered April 5.

Last May 24, Smithberg and other unidentified Joliet officers responded to an overnight police call in the 900 block of Dawes Avenue, the lawsuit states. The call concerned a report of a protection order violation.

"Defendant, Rachel Smithberg and/or other as-yet identified officers, were falsely told by Joseph Radich, Matthew Radich and or Jennifer Radich that Joseph Radich had an emergency order of protection, wherein Plaintiff, June Radich, was the named respondent," wrote the plaintiff's attorney lawyer, Kevin Halverson of Ekl, Williams & Provenzale in Lisle.

On Dawes Avenue, the officer was told June Radich violated an order of protection by sending a text message to her son, the lawsuit states. Police "were then provided with the petition for emergency order.

"The aforesaid order entered May 23, 2017 indicated plainly on its face that the petition for an emergency order of protection had been denied by the Court hours earlier, and that Plaintiff, June Radich, was under no such orders or restrictions as to Joseph Radich," her federal lawsuit noted.

In any event, Smithberg and other officers showed up at Radich's house in the 1400 block of North Raynor Avenue, according to the suit.

June Radich was awakened by loud pounding on her front porch door. As Radich opened her door, she saw an unmarked vehicle leaving her driveway. A Joliet squad car was parked nearby.

"Defendant Rachel Smithberg ... approached the plaintiff's front door, asked the Plaintiff if she was 'June Radich,' entered the Plaintiff's residence without probable cause or other justification and asked Plaintiff if she had sent a text message to her son," the lawsuit states.

Once Radich confirmed her identity and agreed she had sent her son a text message, the officer put her under arrest for violating a protection order and told her to put her hands behind her back.

"Plaintiff further advised Defendant Rachel Smithberg and an as-yet identified Officer that Plaintiff could show them the Will County Circuit Court docket page on her cell phone that indicated that the petition for an emergency order of protection against Plaintiff had been denied," the lawsuit stated.

"At no time prior to or during all of the above events had the plaintiff committed, was committing or was about to commit a violation of any law, statute or ordinance of any jurisdiction," her lawyer informed the federal judge. "The Plaintiff was transported to the Joliet Police Department where the Plaintiff was unlawfully and unreasonably further detained and searched."

The lawsuit states that even after Radich showed the officers the online docket showing the protection order sought by her son was rejected, "Defendant Rachel Smithberg ... put Plaintiff through the booking process of fingerprinting and photographing the plaintiff before transporting Plaintiff back to her residence without charges."

The lawsuit also accused Joliet officers of roughing up the woman during the false arrest.

"The plaintiff suffered severe and permanent injuries to her shoulder as well as emotional distress, all for which Plaintiff has sought professional treatment," her attorney wrote.

Joliet Patch obtained the $30,000 settlement utilizing the state's Freedom of Information Act. According to the terms, Radich "shall refrain from making any disparaging statements about the released parties ..."

Additionally, Radich "further acknowledges and agrees this settlement is not an admission of liability of unconstitutional or wrongful conduct by or on the part of any of the released parties ... The parties further acknowledge and agrees that (the) settlement is made to avoid the expense in time and money of further litigation."

Images via John Ferak/Joliet Patch Editor